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CGL

These general rental conditions form an integral part of the rental agreement between the tenant (the «" tenant "») and the company F-Motors Sàrl (hereinafter the «"renter"»). They may be modified at any time and without notice for new rental contracts; any modification has no effect on rental contracts already concluded on the date of the modification, unless expressly agreed to by the tenant.

By signing the rental agreement, the tenant confirms having read the general rental conditions and accepts them without reservation in the following terms:

Article 1

Rental Prerequisites

  1. The minimum age required The minimum age to rent and drive a vehicle is 18 years old; however, the lessor reserves the right to require a higher minimum age (between 23 and 25 years) and/or driving experience demonstrated by 7 full years since obtaining the driving licence for certain categories of vehicles in accordance with the regulations in force on the date of the rental contract.
  2. The renter must also hold a valid driver's license for at least six months prior to the start of the rental. The license must not be subject to cancellation, suspension, expiration, or revocation at the time of vehicle rental.
  3. For all rentals, the tenant must be able to present valid identity documents for the entire rental period, namely a Swiss identity card or a foreign passport, a residence permit (B) or a settlement permit (C). Any change of address must be reported to the landlord within 15 days.
  4. The rental agreement: these general terms and conditions form an integral part of the rental agreement. By signing, the tenant expressly declares having read and accepted these general terms and conditions without reservation.
  5. The vehicle may only be driven by the renter. However, at the Lessor's discretion, another person may be authorized to drive the rented vehicle, provided that this person is listed in the rental agreement as an additional driver and meets the vehicle rental requirements, in accordance with the General Terms and Conditions of Rental. The renter remains fully responsible to the Lessor for fulfilling all obligations arising from the rental agreement, even if they are not the one driving the vehicle. An additional fee, as specified in the rental agreement, will be charged for each additional driver per rental day. Subletting or lending the vehicle to a person not authorized by the Lessor is prohibited and will void insurance and other coverage.
  6. During the term of the lease agreement, the lessee is prohibited from selling or pledging the leased vehicle. For this reason, code 178, "Change of Owner Prohibited," is entered on the vehicle registration document.
  7. The vehicle can only be handed over if the rental agreement is duly signed by the Parties, the deposit and the rental amount have been paid, and the required valid documents have been provided to the Lessor within the required timeframe.
  8. The lessor reserves the right to require the production of an extract from the debt enforcement register to ensure the solvency of the lessee or any other document justifying that the lessee has not committed any traffic offence and any regulations in force in this matter.

1.9 Contact details and reachability. The renter agrees to remain reachable, by telephone or in writing, at the contact details provided to the lessor for the entire duration of the contract, including during stays abroad, and to promptly notify the lessor of any change of telephone number or email address. Failure by the renter to respond within 48 hours to any communication from the lessor regarding the performance of the contract (particularly in the event of non-payment or doubt concerning the vehicle's location) shall be presumed, unless proven otherwise immediately by the renter, to be in bad faith and shall authorize the lessor to take any necessary precautionary measures, including those stipulated in Article 6.16 herein.

1.10 Enhanced guarantees for tenants domiciled outside Switzerland and outside the EU/EFTA area. When the lessee, or the legal entities representing them or their beneficial owners, is domiciled outside Switzerland, the European Union, or the European Free Trade Association, the lessor may, at its sole discretion, make the conclusion or continuation of the lease agreement conditional upon the payment of an increased security deposit, full and advance payment of the entire lease price, and/or the provision of a joint and several personal guarantee from a natural or legal person domiciled in Switzerland. The lessee acknowledges that the enforcement, outside Switzerland, of a court order or a writ of execution obtained by the lessor may prove uncertain or costly, which objectively justifies these enhanced guarantees.

1.11 International sanctions and integrity. The lessor reserves the right to refuse to conclude the contract, or to terminate it at any time without compensation, if the lessee, his legal representative or, in the case of a legal entity, his economic beneficiary, is on an international sanctions list (in particular those of the UN, the European Union, the United States (OFAC) or the Swiss State Secretariat for Economic Affairs, SECO) or is domiciled, respectively established, in a country or territory subject to an embargo applicable in Switzerland.

Article 2

Vehicle pick-up (vehicle handover to customer)

  1. Vehicle collection takes place by default at F-MOTORS headquarters, unless otherwise specified in the rental agreement or booking confirmation. In any event, all vehicle collection, handover, or delivery must take place exclusively within Switzerland; any handover or delivery outside of Switzerland is strictly prohibited and cannot be demanded of the Lessor under any circumstances, regardless of the renter's nationality or place of residence.
  2. Vehicle collection takes place according to the schedule provided in the booking confirmation or during the opening hours indicated on the commercial documentation or on the rental company's website.
  3. Upon request, the vehicle can be delivered to another address, exclusively within Switzerland, for an additional fee (price indicated on the rental agreement). Any request for delivery to an address outside Switzerland will be systematically refused.
  4. The vehicle is handed over to the tenant in good condition – inside and out – with a full tank of fuel – the levels of various fluids checked – and the Swiss motorway vignette up to date.

The rental agreement specifies any visible defects in the vehicle and its accessories, as well as the mileage and fuel level. The Renter must verify the condition of the vehicle and the information recorded on the Rental Agreement upon delivery.

If the Renter notices, before departure, any apparent defects not reported or any difference concerning the mileage or fuel level, he must inform the Lessor so that the latter can correct the rental agreement.

In the absence of any notification to the Lessor before the Lessee's departure, no claim relating to apparent defects will be accepted thereafter.

  1. The condition of the vehicle and accessories upon delivery is checked by both the rental company and the renter. Any defects are noted on the vehicle handover inspection report. The renter is responsible for any defects not reported before receiving the keys.
  2. A digital vehicle condition report is completed at the start and end of the rental period using the Lessor's management software (Odoo), with the customer signing both reports. The Lessor also reserves the right to conduct additional assessments by photo and/or video, which the renter acknowledges as having full evidentiary value in the event of a dispute.

2.7 Evidentiary value of the inventory of fixtures. Unless the Renter submits a written objection within 24 hours of receiving the vehicle, the condition report drawn up at the time of delivery (particularly in the Lessor's management software) is deemed accepted by the Renter and is binding between the Parties regarding the vehicle's condition at the time of collection. The same rule applies, mutatis mutandis, to the condition report drawn up upon the vehicle's return (see Article 7.5 herein).

Article 3

General restrictions on use

The renter acknowledges that the use of the vehicle is restricted to the Swiss Territory.

It is tolerated in the territories of the following countries provided that it is temporary: Germany, Andorra, Austria, Belgium, Denmark, Spain, Finland, France, Gibraltar, Great Britain, Ireland, Italy, Liechtenstein, Luxembourg, Monaco, Norway, Netherlands, Portugal, San Marino, Sweden, Switzerland, Vatican City.

The tenant may not, under any circumstances, without the express prior written agreement of the lessor, Driving the rented vehicle in territories not listed above is prohibited. In the event of damage to the vehicle in violation of this clause, the renter will be fully and personally liable for the entire cost of the damage and will forfeit all insurance and protection benefits.

The lessor reserves the right at any time to add and modify these geographical restrictions and to make journeys subject to the conclusion of an additional insurance contract for damage and theft.

Any exit from the territory without written authorization from the Lessor may result in the remote GPS blocking of the vehicle as well as immediate notification to border authorities. In the event of confiscation of the vehicle by foreign customs, the renter will be required responsible for the entire replacement value of the vehicle.

The refusal of the Renter or any authorized driver to submit to a breathalyzer or drug test required by the police is considered, for the purposes of these general conditions, to be driving under the influence of alcohol or drugs, with the same consequences in terms of liability and forfeiture of insurance guarantees.

Regardless of the legal driving limit, driving with a blood alcohol level of 1.6‰ or more (0.80 mg/l on the breathalyzer), under the influence of narcotics or drugs rendering the Renter unfit to drive, committing a serious speeding offense or reckless overtaking, or participating in an unauthorized race with a motor vehicle constitutes in any case a serious fault depriving the Renter of all contractual and insurance protection — these circumstances correspond to the cases in which the Lessor's insurer, according to the fleet insurance policy in force, excludes its coverage or takes legal action against the driver.

More generally, the vehicle may under no circumstances be used:

— outside of roads suitable for vehicles; ;

— for the transport of goods for remuneration, unless prior written authorization is obtained from the Lessor; ;

— for the transport of persons for remuneration; ;

— for learning to drive; ;

— for trials, competitions or motor races of any kind; ;

— by any person under the influence of alcohol (blood alcohol level above the legal limit) or prohibited substances (narcotics, unauthorized medications or medications likely to impair driving ability); ;

— to transport a load or a number of passengers exceeding the limits set by the manufacturer; ;

— for the transport of flammable, explosive or radioactive materials (oils, mineral spirits, etc.) likely to damage the vehicle or present a risk to the occupants and/or third parties — however, this prohibition does not apply to the transport of common everyday products such as bottles of oil, alcohol or gas refills; ;

— to push, pull or tow another vehicle; ;

— for subletting purposes; ;

— to move around in areas closed to the public; ;

— with the intent to intentionally commit an offence.

Article 4

Tenant's commitments

4.1. The renter agrees to use the vehicle with care. They must comply with all traffic laws and the rental company's instructions regarding vehicle use (including respecting the vehicle's warm-up time and handling the gearbox carefully). Failure to do so will result in the renter being liable to compensate the rental company for the full cost of vehicle repairs not covered by the rental company's insurance.

4.2. The renter must be well informed about the rules in force in the countries crossed during the trip and respect the highway code in all circumstances, in particular all the rules relating to driving a vehicle in the winter season (installation of winter tires, chains, etc.).

4.3. The renter must immediately notify the rental company of any incident affecting the rented vehicle and follow the rental company's instructions regarding the procedure to follow in the event of an accident; the renter must also follow the specific guidelines set out in Article 5 of these terms and conditions. In all cases, repairs carried out by the renter themselves are not permitted.

4.4. The tenant also agrees to comply with:

  1. a) the conditions of the insurance for the rented vehicle; ;
  2. b) the mileage specified in the rental agreement and to inform the lessor in case of exceeding it; ;
  3. c) the prohibition of allowing other drivers besides those mentioned in the rental agreement; ;
  4. d) Smoking is prohibited in the vehicle. Failure to comply will result in additional charges in accordance with Article 12 of the General Terms and Conditions; ;
  5. e) the prohibition of modifying the vehicle configuration (without prior written authorization from the lessor); ;
  6. f) the obligation to keep the vehicle keys with him (including the duplicate if applicable), not to give them to any other person not expressly authorized by the lessor to use the vehicle, to systematically lock the vehicle when leaving it and to use any anti-theft device installed by the lessor, if applicable.

4.5 Enhanced precautions against theft. For any overnight parking or parking exceeding 4 hours, the Renter agrees to park the vehicle in a secure location (closed, guarded, or video-monitored parking lot where possible) and to systematically activate any anti-theft device provided by the Lessor. In the event of theft or attempted theft, the Renter must file a police report within 24 hours and provide a copy to the Lessor within the same timeframe. Failure to comply with the obligations of this paragraph will result in the Renter being fully and unlimitedly liable for the replacement value of the vehicle as defined in Article 6.13 herein, regardless of the amount of the contractual deductible.

Even if the Renter has purchased one or more optional limitations of liability or enhanced protection measures, any use of the vehicle contrary to the provisions of this article will render the Renter liable for all damages, direct or indirect, that may result, including theft of the rented vehicle by breach of trust.

Article 5

Instructions in case of accident or breakdown

  1. In the event of an accident or breakdown, the renter must immediately notify the lessor. Furthermore, in the event of an accident, the renter must carefully complete all the following formalities:
  2. a) correctly fill out the amicable accident report while protecting the interests of the lessor; ;
  3. b) clearly and fully indicate the identity of the persons involved and the witnesses (names and addresses); ;
  4. c) take the necessary safety measures concerning the vehicle; ;
  5. d) notify the police in case of injuries or refusal by the persons involved to acknowledge their wrongdoing.
  6. The tenant is liable for any damage caused to the lessor by the breach of the obligations set out in paragraph 1 of this article.
  7. In all cases, the renter never abandons the car; the vehicle remains under his responsibility until the rental company or the breakdown service can intervene.

5.4 Penalty for failure to declare. Failure to report an incident to the Lessor within 24 hours of its occurrence, or any incomplete or inaccurate report attributable to the Lessee, deprives the latter of the benefit of the limitation of liability to the contractual deductible stipulated in Article 6.2 of these General Terms and Conditions. The Lessee will then be fully liable for the damage, without prejudice to any other penalties provided for in these General Terms and Conditions.

Article 6

Tenant's responsibility

  1. Risk transfers when the renter takes possession of the vehicle using the keys. The renter then becomes responsible for the vehicle in their possession (including all accessories provided), which must be returned in its original condition. To this end, a vehicle condition report must be completed both upon delivery and return. This report forms an integral part of the rental agreement. If the insurance company denies coverage for damages, the renter is responsible for the cost. The insurance deductible is always the renter's responsibility.
  2. In the event of damage, accident, or theft of the vehicle, the renter is generally liable up to the amount of the deductible stipulated in the insurance policy. This reduction of liability does not apply to the damages listed in paragraphs 3 to 7 of this article, particularly in the absence of vehicle insurance coverage. Furthermore, the additional costs referred to in Article 12 of these general terms and conditions will also be borne by the renter. Failure to return the vehicle constitutes breach of trust (Art. 138 of the Swiss Criminal Code).
  3. No exemption from liability applies to damage caused by an unauthorized driver or in the event of use for a prohibited purpose, in the event of hit-and-run by the lessee and intentional damage or damage by gross negligence (within the meaning of the LCR), in particular in the event of excessive fatigue, unfitness to drive due to alcohol or drugs, as well as in the event of damage due to loading.

Any exemption from the tenant's liability by the lessor must be in writing to be valid.

  1. Regarding the duration of liability provided for in paragraph 2 of this article, the lessee is liable regardless of the date or place of return, until the release of liability is confirmed in writing by the lessor, or until the release of liability is confirmed and signed by the lessor.
  2. The renter is fully liable (unlimited liability) – even in the event of a liability reduction agreement or for damage caused by an additional driver – for damage resulting from a breach of contract and for damage to/in the vehicle caused intentionally or through gross negligence, including all damage not covered by the rental company's insurer (including damage to the vehicle's wheels, i.e., rims and tires). In such cases, the renter agrees to bear the full cost of repair or replacement.
  3. The renter is responsible for all damages caused by a third party (whether or not declared as an additional driver in the rental agreement) driving the vehicle at the time of the damage or accident. Upon request, the renter must provide the rental company with the driver's name and address at any time.
  4. The tenant is liable for all damage (in particular tire and glass breakage) due to the negligence of the tenant or his assistants or in violation of the law or the contract.
  5. Furthermore, the renter is specifically responsible for all defects and/or damage to the vehicle for which they are personally liable. This includes, but is not limited to, damage caused by:
  6. a) the use of an unsuitable fuel; ;
  7. b) improper use of vehicle equipment; ;
  8. c) failure to comply with the lessor's instructions regarding the use of the vehicle; ;
  9. d) careless handling of the vehicle's interior (in particular, cigarette burns and stains on the seats and damage of any kind); ;
  10. e) off-road driving and generally negligent driving (in particular, damage to the underbody, for example steering, gearbox, suspension, shock absorbers, as well as damage to axle components, sill, oil pan, cables and pipes, exhaust, protective plates and grilles); ;
  11. f) improper handling of the vehicle (mechanical damage to the clutch, gearbox, suspension and any other damage not covered in the vehicle insurance contract).
  12. The scope of liability includes the cost of repair and/or the current value of the vehicle (determined by an expert appointed by the lessor) in the event of total loss, as well as consequential damages such as towing fees, expert fees, depreciation, lost rental income, legal fees, administrative costs, transportation and expert assessment costs, downtime, and loss of bonus. These amounts are specified and supplemented by Articles 6.13 and 6.14 below.
  13. Any act of withholding, concealing or failing to return the vehicle constitutes a breach of trust within the meaning of Article 138 of the Swiss Penal Code, and will be immediately reported to the competent authorities.
  14. In the event of a serious breach of contract (such as prohibited use, driving by an unauthorized third party, concealment of an accident, or modification of the vehicle), the renter will owe the Lessor a fixed contractual penalty of CHF 5,000.-, without prejudice to the Lessor's right to claim additional damages. The Lessee's liability also includes the loss of commercial value of the prestige vehicle, even after repair, since it can no longer be rented out under the same conditions. The Parties acknowledge that this fixed amount constitutes a reasonable and proportionate estimate of the damage usually suffered by the Lessor in such a case (immobilization of the vehicle, damage to commercial image, management and recovery costs), of a nature to establish its validity with regard to art. 163 para. 3 CO, without prejudice to the Lessor's right to provide proof of greater damage.

6.12 Use of the vehicle outside of Switzerland. (reproduces, with corrected numbering, the content previously titled "12.1" to "12.4", which conflicted with art. 12 "Additional Costs")

6.12.1 Prior and ongoing obligations of the Tenant. If the rented vehicle is taken outside of Switzerland, the Renter acknowledges being aware of the risks and irrevocably agrees to:

  1. a) check, before departure, with the customs, tax and traffic police authorities of the countries of destination and transit, both in Switzerland and in the European Union, the conformity of the vehicle and its documentation with their legislation, as well as the formalities to be respected, where applicable, for a temporary and/or longer period circulation of the rented vehicle in said territories; ;
  2. b) keep on board the vehicle, at all times, all documents relating to the rented vehicle as well as the original rental agreement; ;
  3. c) strictly comply with the permitted periods of stay in the countries of destination — in particular the limit of 6 months in any 12-month period applicable to the temporary admission of a non-EU vehicle into the European Union — and ensure the return of the vehicle to Swiss territory before the expiry of this period; ;
  4. d) immediately inform the Lessor by any means of any control, questioning, immobilization, confiscation, detention or intervention by a police, customs or tax authority, Swiss or foreign (including a Member State of the European Union), as well as any other abnormal event occurring abroad.

6.12.2 Disclaimer of liability and assumption of risk. The Renter assumes full and exclusive responsibility for all risks, obligations, penalties, and consequences of any kind whatsoever arising from the operation or storage of the vehicle outside of Switzerland, including in its dealings with any police, customs, tax, or judicial authority, whether Swiss or foreign (including that of a Member State of the European Union). The Lessor is expressly released from all liability, direct or indirect, civil, criminal, customs, tax, police, or administrative, that may result therefrom.

The Tenant guarantees the Landlord against any claim and undertakes to indemnify the Landlord for any sums the Landlord may be forced to pay due to the Tenant's actions or omissions. This guarantee covers, but is not limited to:

— all fines, penalties, court and lawyer fees, repatriation, customs clearance, immobilization or impoundment costs; ;

— all customs risks (infraction of temporary import/export rules, failure to comply with deadlines); ;

— all tax and VAT risks (registration fees, road tax, penalties for non-payment of VAT); ;

— any final import procedure imposed by foreign authorities; ;

— any confiscation, retention or sequestration of the vehicle, even temporary; ;

— any damage, theft or vandalism suffered by the vehicle during or resulting from its immobilization or confiscation; ;

— any refusal of coverage or reduction of compensation by the insurer, including the application of the deductible, which will remain entirely the responsibility of the Tenant; ;

— any loss of commercial or technical value of the vehicle resulting from its prolonged immobilization, damage abroad or registration in a foreign administrative file; ;

— a fixed compensation of CHF 1,000.- (or another amount) for administrative and management costs incurred by the Lessor to process any case related to an incident abroad, without prejudice to full compensation for other damages suffered.

6.12.3 Financial and contractual consequences. In the event of immobilization, confiscation, or any situation preventing the return of the vehicle on the scheduled date:

  1. a) The rental continues and the rent remains fully due until the vehicle is actually returned to the Lessor's headquarters in Switzerland. No refund or reduction will be granted; ;
  2. b) all costs incurred by the Lessor to recover the vehicle (travel, lawyers' fees, customs clearance procedures) are entirely the responsibility of the Lessee, who undertakes to pay them; ;
  3. c) The Lessor reserves the right, without notice and without compensation, to terminate the rental agreement and recover the vehicle wherever it may be, at the sole expense, risk and peril of the Lessee.

6.12.4 Increased security deposit. For any rental involving departure from Swiss territory, the Lessor reserves the right to require payment of an increased security deposit, the amount of which will be determined according to the destination and duration of the stay abroad.

6.12.5 Immediate return in case of inspection. The Renter acknowledges that the Lessor's vehicles are registered in Switzerland and may not be freely used within the European Union by a company or an EU resident without specific customs authorization (temporary import, ATA Carnet, or equivalent). Upon request from the Lessor, in the event of an inspection, immobilization, or any other customs, tax, or police issue arising in Switzerland or abroad, the Renter undertakes to immediately return the vehicle to the Lessor or its agents, without this being released from the financial obligations stipulated in Articles 6.12.2 and 6.12.3 herein.

6.12.6 Independence and scope of this clause. The obligations, disclaimer, and warranties stipulated in Article 6.12 apply automatically upon conclusion of the rental agreement and acceptance of these General Terms and Conditions of Rental (Article 1.4), regardless of whether or not the Renter signs any specific waiver appendix concerning the use of the vehicle outside Switzerland or dealings with Swiss and foreign customs, tax, or police authorities (including those of the European Union). The absence, omission, or failure to sign such an appendix does not in any way reduce, suspend, or limit the Renter's liability as defined herein; such an appendix, when signed, merely reinforces and documents, as additional evidence, the rights the Lessor already holds under these General Terms and Conditions of Rental. The obligations and disclaimer stipulated in this article apply to all persons authorized to drive the vehicle under the rental agreement, with the Renter jointly and severally liable for the actions of all authorized drivers, not just their own. This disclaimer does not apply, however, to damage caused intentionally or by gross negligence on the part of the Lessor himself, in accordance with Art. 100 CO.

6.12.7 Payment terms and recovery measures. Any sum owed by the Renter under Article 6.12 is due within 10 days of the Lessor's written demand; if payment is not received within this period, default interest of 5% per annum will be due from the due date, without prior notice. The Renter acknowledges that these amounts constitute a certain, due, and undisputed debt within the meaning of Article 82 of the Swiss Federal Law on Debt Enforcement and Bankruptcy (LP), allowing the Lessor to immediately initiate legal proceedings. The Renter expressly authorizes the Lessor to deduct these amounts from the security deposit paid and/or to debit the registered credit card, in accordance with Article 13 herein, and to take all reasonable measures, including those abroad, to recover the debt and recover the vehicle.

6.13 Total damage and replacement value. A total loss (total damage) is defined as any loss classified as such by the Lessor's comprehensive (casco) insurer in accordance with its policy and applicable general terms and conditions of insurance, specifically when: (a) during the first two years of the vehicle's service life, the repair costs, as determined by expert appraisal, amount to at least 65% of the compensation determined according to the insurer's scale; (b) after the second year of service, the repair costs amount to at least the vehicle's replacement value; or (c) the stolen vehicle is not recovered within 30 days of the insurer receiving the theft report (see Article 4.5 herein regarding the Lessee's obligation to file a police report without delay). Replacement value is defined as the amount required, at the time of the loss, to purchase a similar vehicle of equal value on the open market (in the absence of an agreement between the Parties, the valuation guidelines of the Swiss Association of Independent Automotive Experts – ASEAI – shall apply). In all cases of total loss, the Renter is required to pay the Lessor, in addition to the contractual deductible, the difference between the compensation actually paid by the insurer and the replacement cost of an equivalent vehicle (same make, model, year, mileage, and equipment level), less any salvage value (wreck) retained by the Lessor. This amount is due within 10 days of the invoice date, with the deposit paid by the Renter being applied first to this amount. The rental, as well as the corresponding rental payments, will continue until the claim is fully settled or until a replacement vehicle is provided, unless otherwise agreed in writing between the Parties. The Lessor will consider the possibility of taking out additional coverage for the luxury vehicles in its fleet, such as "purchase price protection," which provides compensation up to the original purchase price for 5 years and reduces the difference to be passed on to the Renter accordingly.

6.14 Loss of market value (capital loss). Regardless of any breach of contract and without prejudice to Article 6.11 herein, the Renter acknowledges that any accident or damage caused by the Renter, or by any authorized driver, during the rental period may result in a loss of the vehicle's market value after repair (technical and/or commercial depreciation), particularly in the case of prestige, classic, or limited-edition vehicles. This depreciation, determined by an independent expert appraisal commissioned by the Lessor, is payable by the Renter in addition to the contractual deductible and repair costs.

6.15 Subrogation. The Lessor is automatically subrogated, up to the amount it has paid or incurred for the repair of the damage, to all the rights and actions of the Lessee against the third party responsible for the accident and/or its insurer. The Lessee undertakes to provide the Lessor without delay with all documents, information, and powers of attorney necessary for the exercise of this right of recourse, and to refrain from any action that would jeopardize its outcome (waiver of a right, settlement with the third party without the Lessor's consent, etc.).

6.16 Immobilization, geolocation and remote recovery. The renter expressly consents to the rental vehicle being equipped with a geolocation device and, where applicable, a remote immobilizer, which the lessor may use: (a) in the event of leaving the authorized territory without prior written consent (Art. 3); (b) in the event of non-payment of any sum due under the contract, after a formal notice to pay has remained unheeded for 5 days (Art. 13.6); (c) in the event of reasonable suspicion of theft, misappropriation, or failure to return the vehicle by the contractual deadline; (d) in the event that it is impossible to contact the renter at the provided contact details for more than 48 hours (Art. 1.9). The activation of these devices does not render the lessor liable for any direct or indirect damages resulting therefrom for the renter, except in cases of fraud or gross negligence on the part of the lessor (Art. 100 of the Swiss Code of Obligations). The tenant acknowledges that these measures constitute the legitimate exercise by the lessor of its ownership rights over the vehicle, and not an unlawful act of coercion.

6.17 Use for unlawful purposes. Any use of the rented vehicle in connection with the commission of a criminal offense, including the transport, concealment, or trafficking of illicit goods, merchandise, or substances (narcotics, contraband, undeclared weapons, or any object whose possession or transport is prohibited), will render the renter personally and fully liable for all resulting consequences for the lessor (vehicle confiscation, immobilization, damage to business reputation, legal defense costs), regardless of any criminal proceedings the renter may face. The lessor reserves the right to report such acts without delay to the competent authorities and to terminate the rental agreement with immediate effect, in accordance with Article 13.6 herein.

6.18 Identity theft, sale or pledging of the vehicle. The renter declares that the identity and driving documents presented at the time of signing the contract are authentic and pertain to them personally. If the contract was concluded using falsified or forged documents, or on behalf of an undeclared third party, the person(s) who physically used the vehicle are jointly and severally liable, along with the apparent signatory of the contract, for all obligations arising from these General Terms and Conditions of Rental, without prejudice to the lessor's right to report these facts as constituting fraud within the meaning of Article 146 of the Swiss Criminal Code. The renter is further prohibited from selling, pledging, encumbering, or otherwise transferring the rented vehicle, even to a third party acting in good faith; any violation of this prohibition will render the renter liable up to the replacement value of the vehicle within the meaning of Article 146 of the Swiss Criminal Code. 6.13 of these, without prejudice to the criminal classification of breach of trust (art. 138 CP) and the exercise, by the lessor, of any action for recovery or damages against the third purchaser.

6.19 Death of the tenant. In the event of the tenant's death during the rental period, their heirs or beneficiaries must inform the lessor as soon as possible and ensure the immediate return of the vehicle to the lessor's address, at their own expense. The heirs are jointly and severally liable, within the limits of Swiss inheritance law, for all sums owed by the deceased tenant under the rental agreement and these General Terms and Conditions until the vehicle is effectively returned.

Article 7

Return of vehicle, found items and transfer of risks

  1. The vehicle (along with all its accessories, keys, equipment and papers) must be returned in a clean and ready-to-use condition at the end of the reservation period, to the location specified in the contract.
  2. If the vehicle cannot be returned on time, the rental company must be notified immediately.
  3. The vehicle and all accessories listed in the rental agreement must be returned during opening hours (available on the rental company's website) no later than the last day of the rental period. The vehicle should be returned to the rental company's garage address, or to the address specified in the rental agreement, which must be located within Switzerland, and parked in the designated area provided by the rental company.
  4. The refund is only effective under the following conditions:

— handover on the date and at the time specified in the rental agreement, failing that during the opening hours of the lessor's garage on the last day of the rental; ;

— at the place and location indicated/provided by the lessor in this contract, i.e. in principle at the same place as the pick-up (unless otherwise indicated in the rental contract); ;

— effective handover of the keys to the lessor or to one of its agents or representatives; ;

— signature by the lessor and the lessee of the joint condition report carried out when the vehicle was handed over.

Until the vehicle has been returned under the conditions described above, the vehicle remains under the full responsibility of the renter (damage, theft and any other incident or loss) and the rental fees are due.

  1. A joint inspection will be carried out upon return of the vehicle by F-Motors Sàrl. This inspection forms an integral part of the rental agreement and aims to document the condition of the vehicle upon its return by the customer (see the dispute period in article 2.7 herein).
  2. The renter must report any defects and any damage caused to the lessor's vehicle upon its return.
  3. The vehicle must be returned in the same condition as when it was given to the renter, meaning it must be clean inside and out, free of all personal belongings, and include all accessories and vehicle documents. All provisions of these general rental conditions also apply. Otherwise, the vehicle will be charged for repairs according to the rates mentioned in Article 12 of the General Rental Conditions.
  4. The vehicle must be returned with a full tank of fuel. Otherwise, the cost of refueling by the rental company will be charged according to the rate mentioned in Article 12 of the General Terms and Conditions.
  5. The lessor reserves the right to withhold any amount from the client's deposit and therefore to resort to compensation under the conditions of Article 120 of the Swiss Code of Obligations.
  6. For any sums unpaid by the tenant on their due date, the tenant shall be liable to pay the lessor interest (calculated on a daily basis) at a rate of 5% per annum from the date the debt became due. All rights and remedies of the lessor are reserved.
  7. Early return of the vehicle under the rental agreement does not entitle the customer to any discount or refund.
  8. The rental company is not responsible for any items found after a vehicle return. However, these items may be kept on the rental company's premises for 30 days. After this period, the rental company is authorized to dispose of them, and the renter is presumed to have relinquished ownership (Art. 729 CC).

Article 8

Lessor’s commitments

The lessor certifies that their vehicle has passed its technical inspection and is in working order and normal use. The lessor declines all responsibility in the event of a breakdown or unforeseen technical fault.

Article 9

Liability insurance

  1. The renter, as well as any authorized driver, are covered by a motor vehicle liability insurance policy, which can be viewed at the rental company's garage.

9.2 Franchises. The contractual deductible payable by the Renter is set as follows, subject to a different amount expressly indicated in the individual rental agreement depending on the category or value of the rented vehicle: (a) CHF 2,000 for collision/accident damage to the rented vehicle (comprehensive collision insurance); (b) CHF 1,000 for damage caused to third parties (third-party liability insurance), in accordance with Article 12 of these General Terms and Conditions. These amounts are contractually fixed by the Lessor and are independent of the deductible applicable in its own fleet insurance policy, which may vary depending on the insurer and the options selected. Third-party liability is excluded outside of Europe.

Mandatory civil liability insurance does not apply:

— for damage caused by the renter or any authorized driver to their agents or employees with the rented vehicle; ;

— for damages suffered by persons being transported when their transport is not carried out under sufficiently safe conditions; ;

— if, at the time of the accident, the driver's license of the tenant or that of any authorized driver, if he is driving, is not valid or has been withdrawn; ;

— in the event of intentional or fraudulent misconduct; ;

— in the event of use of the rented vehicle for trials, competitions or motor races; ;

— in the event of attempted suicide or suicide; ;

— in the event of an attempted fraud; ;

— in the event of intentional misrepresentation in the contact details indicated on the rental agreement or the amicable settlement agreement.

In the event of non-compliance with the obligations arising from these GCL, the tenant or any authorized driver is required to return to the Lessor any sum or compensation that the Lessor may have paid to a third party on behalf of the tenant in the event of death or bodily injury and/or property damage suffered by the third party.

Article 10

Contraventions and other criminal sanctions

  1. If the renter commits an offense and receives a ticket, they must bear all costs, including administrative fees, in accordance with Article 12 of the General Terms and Conditions. Upon returning the vehicle, the renter is responsible for notifying the rental company if they receive a ticket or believe they have committed an offense recorded by an automated system.
  2. In the event of non-compliance with traffic rules by the tenant or if the latter does not pay the taxes which he owes in Switzerland or abroad, he authorizes the lessor to communicate the data of the contract to all official administrations (police, public prosecutors, road traffic offices) or to their agents.

Article 11

Rental price

  1. The rental price is calculated per day of rental, i.e. per 24 hours, per week or per month, unless otherwise stated in the rental agreement.
  2. The rental price is that fixed in the rental agreement and includes the use of the vehicle for the rental period indicated in the agreement and, if agreed, additional charges for accessories, young drivers, additional drivers, service for returning the vehicle to the lessor's garage, fuel, and other charges.
  3. In principle, rentals are paid in advance but at the latest on the day of delivery of the vehicle, or upon return of the vehicle in the case of vehicles rented for a short period.
  4. If the rental period is exceeded by more than 30 minutes, an additional day's rental will be charged for each 24-hour period started. This charge will be increased by CHF 250 for each additional 24-hour period of delay, in accordance with Article 12 of the General Terms and Conditions.
  5. Early return does not entitle the customer to any reduction or refund, in accordance with Article 7, paragraph 11 of these general terms and conditions.
  6. Any extension must be validated in writing; otherwise, the day will be charged at the standard rate plus 100%.

Article 12

Additional charges

Additional charges apply in the following situations:

—  Vehicle handover to another address: at the rate indicated on the rental agreement; ;

—  Rental of additional equipment: according to the amount indicated in the rental agreement; ;

—  Additional charge for drivers under 25 years of age: according to the rate indicated in the rental agreement, or proving driving experience of less than 7 years of driving licence; ;

—  Additional driver: according to the rate indicated in the rental agreement; ;

—  Additional kilometers: CHF 2.- to CHF 3.- (depending on the rental agreement and type of vehicle rented) will be charged for each additional kilometer; ;

—  Fines and other penalties: the penalty for the offence or for the removal of the vehicle from the impound lot (if applicable), plus administrative fees; ;

—  Failure to return the vehicle and its keys within the contractual period, without authorization from the lessor: additional day rate plus CHF 250.- per twenty-four hour period of delay; ;

Weekly or monthly packages are not taken into account when calculating the fee.

If the delay causes other costs or losses (e.g. cancellation of the next customer's reservation), the lessor reserves the right to charge the customer in full.

—  Incomplete fuel tank: price at cost price of fuel plus CHF 50.- for service provided by the lessor; ;

—  Use of fuel or fluids not compatible with the vehicle: repair costs to be borne by the tenant;

—  Failure to replenish consumed liquids: costs to be borne by the tenant; ;

—  Changing the vehicle configuration: repair costs to be borne by the tenant;

—  Incorrect use of available equipment and vehicle options: repair costs to be borne by the tenant;

—  Cleaning not performed: Price charged per hour of cleaning, CHF 140.-/hour; ;

—  Failure to comply with the no-smoking rule in the vehicle: flat rate of CHF 200.-, and additional repair costs in case of any resulting damage (holes in the seats, various damage to the passenger compartment and any other damage); ;

—  Damage to the vehicle's stickers: price at cost price for reproduction and application of the sticker, plus CHF 180.-; ;

—  Damages related to negligent driving: repair costs to be borne by the tenant;

—  Vehicle damage deductible: CHF 2,000.- (or other amount fixed in the individual rental contract according to the vehicle category, see art. 9.2 herein), plus the cost of repairing damage not covered by the insurer; ;

—  Third-party liability deductible: flat rate of CHF 1,000.- (see art. 9.2 of these); ;

—  Vehicle immobilization following damage: CHF 250.-/day, this amount constituting a minimum flat fee, without prejudice to the Lessor's right to claim the actual rental loss incurred (calculated on the basis of the contractual daily rate of the vehicle concerned) if it proves to be higher, in accordance with Article 6.9 of these General Terms and Conditions

—  Breakdown and repatriation costs in case of accident or vehicle abandonment: price at cost price plus CHF 250.-; ;

—  Lost keys: The renter agrees to cover all costs of key replacement. Additional charges may apply if the vehicle is immobilized. ;

12.bis Excess scale according to vehicle category. The excess amounts mentioned above are the reference amounts for the standard fleet category. For prestige, classic, or very high-value vehicles, a specific and higher excess amount is set out in the individual rental agreement or in a price list attached to these General Terms and Conditions, and takes precedence over the reference amounts above.

Article 13

Deposit and payment methods

  1. The rental price and security deposit are payable by credit card accepted by the rental company or in cash. However, a credit card in the name of the primary driver is required for booking and renting the vehicle. Other payment methods may be accepted under certain circumstances (for example, a foreign check). In accordance with its due diligence obligations under the Anti-Money Laundering Act (AMLA), the Rental Company reserves the right to refuse any cash payment and to request additional information and documents from the Renter regarding the origin of funds, particularly if the amount exceeds the limits set by the AMLA.
  2. Alternatively, a security deposit will be held on the credit card as an amount specified in the rental agreement. Upon return of the vehicle, the final price will be deducted from the security deposit if the renter has not paid the rental fees at the time of vehicle return. In the event of damage or additional costs as defined in Article 12 of the General Terms and Conditions of Rental, or in the event of loss or theft of the vehicle, the security deposit will be deducted along with any potential compensation due from the rental company.
  3. The tenant authorizes the lessor to reserve with the credit card issuer a credit corresponding to all potential obligations of the tenant arising from the rental agreement or the CGL, and more specifically the fees provided for in article 12 CGL and the amount of the security deposit as fixed in the rental agreement.
  4. The lessor has the right to refuse the rental, even if a reservation has been made previously and an advance payment has been made, if no security deposit can be provided or if the deposit is insufficient. The lessor is also entitled to subsequently adjust the lessee's obligations arising from the rental agreement (for example, breakdown assistance, fuel, repair costs, etc., as well as fines or penalties and administrative fees) using the payment methods made available to them. The final invoice is deemed approved if the lessee does not contest it in writing within 30 days to F-Motors Sàrl at its registered office address.
  5. The security deposit may be retained by the Lessor for a maximum of 90 days from the return of the vehicle to cover any costs related to the contract, any damages found, or any ongoing legal proceedings. The Lessee acknowledges that any sum owed to F-Motors Sàrl under this contract constitutes a certain, due, and undisputed debt within the meaning of Article 82 of the Swiss Federal Law on Debt Enforcement and Bankruptcy (LP), allowing the Lessor to immediately initiate legal proceedings. The Lessee expressly authorizes the Lessor to subsequently debit their bank card for any costs or damages found after the return of the vehicle, upon simple written notification or email, which shall serve as proof.

13.6 Default of payment and automatic termination. For contracts with successive performance, in particular subscriptions, any failure to pay an installment by its due date, which is not rectified within 5 days of a written reminder (letter, email or SMS), will automatically and without further formality result in: (a) the immediate payment of all sums due until the end of the minimum agreed contractual period; (b) the immediate termination of the contract, without prejudice to the Lessor's right to demand performance or additional damages; (c) the Lessor's right to repossess the vehicle immediately, at the sole expense, risk and peril of the Lessee, continued possession of the vehicle beyond termination being considered a breach of trust within the meaning of Article 6.10 herein.

13.7 Proof of payment. Only the actual and final crediting of funds to the Lessor's bank account constitutes payment within the meaning of these General Terms and Conditions. The mere production by the Lessee of a transfer order, a screenshot, or any other document that does not constitute a certified confirmation of execution from the issuing bank does not release the Lessee from its payment obligation and does not preclude the application of the measures provided for in Articles 13.6 and 6.16 herein.

13.8 Subscription payment methods. For any contract involving successive performance, the Lessee undertakes to maintain at all times a valid means of payment (bank card or direct debit mandate) registered with the Lessor and to promptly notify the Lessor of any change, renewal, or revocation. Refusal, expiration, or revocation of the registered means of payment, if not rectified within 5 days, shall be considered a default of payment as defined in Article 13.6 herein.

13.9 Personal commitment of the representative (professional clients). When the Tenant is a legal entity, the natural person who signs the lease agreement on its behalf declares, by that same signature, that they are also personally liable as a joint and several debtor (cumulative assumption of debt as defined by case law relating to Art. 143 of the Swiss Code of Obligations, excluding any guarantee as defined in Art. 492 et seq. of the Swiss Code of Obligations), up to a maximum amount equal to three months' rent or the total rental price. This personal, direct, and non-incidental liability is in addition to, and does not replace, that of the Tenant. The Lessor will ensure that a specific clause and signature space for this personal liability are included in the lease agreement concluded with any business client, in order to strengthen its enforceability.

13.10 Tenant's Insolvency. The occurrence, with respect to the Lessee, of a request for enforcement for a significant amount, an uncontested payment order, a notice of seizure, a declaration of bankruptcy, a request for a composition agreement or any equivalent collective procedure abroad, authorizes the Lessor to terminate the lease agreement with immediate effect and to repossess the vehicle, without prejudice to its right to produce its claims in the procedure concerned.

13.11 Compensation and solidarity between several contracts. When the Lessee is bound to the Lessor by several simultaneous or successive rental or subscription agreements, any failure to pay under any one of these agreements shall be deemed to constitute a failure to pay under all other current agreements, entitling the Lessor to apply the measures provided for in Article 13.6 herein to all of said agreements. The Lessor may at any time offset any sum owed by the Lessee under one agreement against any sum owed by the Lessee under another agreement, in accordance with Article 120 of the Swiss Code of Obligations.

13.12 Chargebacks and disputed payment methods. Any dispute, chargeback, cancellation, or reversal of a payment made by the Renter, regardless of the reason given to the payment issuer, shall not affect the Renter's payment obligation to the Lessor if the vehicle has been made available or used. Such an event shall be considered a default of payment as defined in Article 13.6 herein, and the Renter undertakes to immediately reimburse the Lessor for any amount thus refunded, plus any related bank and administrative fees.

13.13 No right of withdrawal. In accordance with applicable regulations regarding distance selling and consumer protection, in particular Article 16(l) of European Directive 2011/83/EU on consumer rights, the rental of a vehicle for a specific date or period is excluded from any right of withdrawal. The Renter acknowledges that no cooling-off or withdrawal period applies after the conclusion of the rental agreement; only the cancellation conditions in Article 14 of these General Terms and Conditions apply.

Article 14

Cancellation conditions

Any sum paid at the time of booking constitutes a deposit within the meaning of Art. 158 of the Swiss Code of Obligations, and not a down payment. In the event of cancellation of the booking by the tenant, regardless of the date or reason, the deposit paid will be retained by the lessor as fixed compensation, without any refund being due.

Article 15

Applicable law and jurisdiction

  1. Swiss law is applicable to the rental contract and these general conditions.
  2. The courts of the Canton of Valais, specifically those of the jurisdiction where the Lessor's registered office is located, shall have exclusive jurisdiction over any dispute arising from the rental agreement and these general terms and conditions. The mandatory provisions of the Swiss Code of Civil Procedure and the Swiss Federal Supreme Court Act (LTF) remain reserved.
  3. When the tenant acts as a consumer within the meaning of the Lugano Convention and is domiciled in a State bound by that Convention, this choice-of-court clause does not preclude them from also bringing proceedings before the courts of their own domicile, in accordance with Articles 15 to 17 of said Convention; however, it remains fully enforceable, exclusively, against any tenant acting in a professional or commercial capacity, as well as against any tenant domiciled outside the area covered by the Lugano Convention. Swiss law remains applicable to the merits of the dispute in all cases, in accordance with paragraph 1 of this article.

Article 16

Entirety of the agreement and prevalence of the CGLs

These General Terms and Conditions, the signed rental agreement and any annexes constitute the entire agreement between the Parties.

In the event of contradiction, inconsistency or divergence between the provisions of the CGL and those of any annex concluded between the Parties, the stipulations of the CGL shall always prevail to the extent of the inconsistency.

This preeminence applies without however invalidating all the provisions of the annexes, which will retain their full effect for all their other non-conflicting provisions.

Article 17

Force majeure

The Lessor is released from its obligations, or their execution is suspended without compensation, in the event of force majeure or any event beyond its control which makes the execution of the rental contract impossible or unreasonably onerous, including: strike, natural disaster, epidemic or pandemic, decision or restriction imposed by a Swiss or foreign authority, shortage of vehicles or spare parts, major computer failure or cyberattack affecting the Lessor's systems.

In such a case, the Lessor will endeavor, to the extent possible but is not obligated to do so, to offer the Lessee a replacement vehicle of equivalent category or an extension of the rental period. If the Parties cannot reach an agreement, the rental agreement may be terminated by the Lessor without compensation other than a refund of any sums paid in advance by the Lessee for the unused rental period.

No event affecting the Lessee (including a decision by a foreign authority, a banking, exchange or circulation restriction applicable in his country of residence or stay, or any other circumstance beyond the Lessor's control) shall release the Lessee from his payment obligations to the Lessor, nor shall it suspend the application of Articles 13.6 et seq. hereof; only the Lessor may invoke force majeure within the meaning of this article.

Article 18

Data protection

In the context of the conclusion and execution of the rental contract, the Lessor, as data controller, collects and processes personal data of the Lessee and authorized drivers (identity, contact details, identity documents and driving licence, payment data, vehicle geolocation data, images and videos from the condition report and, where applicable, from the video surveillance of the Lessor's premises), in accordance with the Federal Act on Data Protection (FADP) and, to the extent that it would be applicable, the General Data Protection Regulation (GDPR).

This data is processed for the purposes of managing the rental contract, preventing and prosecuting theft, fraud and damage, complying with the territorial restrictions provided for in Article 3 herein (including by geolocation of the vehicle), recovering the Lessor's receivables, and complying with the Lessor's legal obligations (in particular in matters of road traffic, taxation, customs and the fight against money laundering).

This data may be disclosed to the Lessor's insurers, the relevant authorities (police, customs, tax and judicial authorities, Swiss or foreign), the Lessor's IT and management service providers (including the Odoo management software), and any debt collection agency mandated in accordance with Article 19.3 herein. It is retained for the period necessary for the aforementioned purposes, plus the applicable statutory limitation and retention periods (particularly those relating to accounting and civil liability).

The Renter and any authorized driver have, under the conditions provided by law, a right of access, rectification and, where applicable, deletion of their personal data, which they can exercise with the Lessor at the address appearing in art. 13.4 herein.

Article 19

General provisions

  1. Non-waiver. The Lessor's failure to invoke any provision of these General Terms and Conditions at any given time, or to tolerate a situation which contravenes it, shall not be interpreted as a waiver of its right to invoke said provision at a later date.
  2. Partial invalidity. If any provision of these General Terms and Conditions is declared void, invalid, or unenforceable by a competent authority or court, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect. The Parties shall endeavor, where appropriate, to replace the invalid provision with a valid provision whose effect most closely approximates that of the invalid provision.
  3. Assignment. The Lessor may assign or transfer to a third party, including a debt collection agency or its subrogated insurer, all or part of the claims and rights it holds against the Lessee under this Agreement, by simply notifying the Lessee.
  4. The French language version shall prevail. These General Terms and Conditions are written in French. In the event of a translation into another language, only the French version shall prevail between the Parties in the event of any discrepancy in interpretation.
  5. Electronic signature. The Parties acknowledge the full legal validity of the electronic signature and the online acceptance of the rental agreement and these General Terms and Conditions, which constitutes firm and final acceptance in the same way as a handwritten signature.
  6. Notifications. Unless otherwise provided herein, any notification between the Parties may be validly made in writing or by email to the contact details given in the rental agreement, and shall be deemed to have been sent on the date thereof.