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 referred to as the " renter These terms and conditions may be modified at any time without notice.

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 tenant must also be in possession of a driving license valid for at least 6 months at the start of the rental. The license must not be subject to cancellation, suspension, expiration or withdrawal at the time of renting the vehicle.
  3. For any rental, the tenant must be able to present the valid identity documents throughout the rental period, namely a Swiss identity card or foreign passport, a residence permit (B) or establishment permit (C). All change of address must be notified to the lessor within 15 days.
  4. The rental contract 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 can only be driven by the renterHowever, at the Lessor's discretion, another person may be authorized to drive the rented vehicle provided that this person is named in the rental agreement as additional driver and meets the prerequisites for renting a vehicle, in accordance with the provisions of the General Terms and ConditionsThe renter remains fully responsible to the rental company 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 day of rental. Subletting or lending the vehicle to a person not authorized by the rental company is prohibited and will void insurance and protection coverage.
  6. During the term of the rental contract, it is prohibits the tenant from selling or to pledge the rented vehicle. For this purpose, code 178 “Change of keeper prohibited” is entered on the vehicle registration document for the rental vehicle.
  7. Vehicle delivery can only take place 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 a extract from the register of prosecutions in order to ensure the solvency of the tenant or any other document justifying that the tenant has not committed any traffic offence and any regulations in force in this matter.

 

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 will take place within Switzerland.
  2. Vehicle collection is carried out according to the schedule provided for in the booking confirmation or during the opening hours indicated in the commercial documentation or on the rental company's website.
  3. On request, the vehicle maybe delivered to another address in Switzerland. for an additional charge (price indicated on the rental contract).
  4. The vehicle is handed over to the renter in good condition of cleanliness – inside and out – with a full tank of fuel – the levels of various fluids checked – the Swiss motorway vignette is 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 are checked By the lessor and the lessee, any defects are reported on the vehicle handover inventory. The lessee is responsible for any defects that he or she has not reported before handing over the keys.
  2. An inventory is carried out upon departure and return of the vehicle using the software WeProov, with the customer's signature during both operations. The Lessor also reserves the right to carry out additional observations by photo and/or video, which the tenant recognizes as having full probative value in the event of a dispute.

 

Article 3

General Restrictions of Use

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

It is permitted in the territories of the following countries provided 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. Our vehicles are equipped

The tenant may not under any circumstances without the express prior written agreement of the lessor to circulate with the rented vehicle in territories not included in the list above. In the event of damage caused to the vehicle in violation of this clause, the renter will be fully and personally liable for the entirety of the damage and will lose the benefit of insurance and protections.

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 reporting to the 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.

 

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 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

  1. The tenant agrees to use the vehicle with care. He must respect all traffic regulations as well as the rental company's instructions regarding the use of the vehicle (in particular, respecting the vehicle's warm-up time and careful handling of the gearbox). Failing this, the tenant will be required to compensate the rental company for the full cost of repairing the vehicle not covered by the rental company's insurance.
  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 force in all circumstances and in particular all the rules relating to driving a vehicle in the winter season (installation of winter tires, chains etc…).
  3. The tenant must immediately notify the lessor of any incidents affecting the rented vehicle and follow the rental company's instructions regarding the procedure in the event of an accident, the renter must follow the specific guidelines as provided for in Article 5 of these general conditions. In any case, repairs carried out on the renter's own initiative are not permitted.
  4. The tenant also undertakes to comply with:
  5. The conditions of the rental vehicle insurance;
  6. The mileage stipulated in the rental contract and inform the lessor if it is exceeded;
  7. Do not allow other drivers other than those mentioned in the rental agreement.
  8. Smoking is strictly prohibited in the vehicle. Failure to comply will result in additional charges in accordance with Article 12 of the General Terms and Conditions of Business.
  9. Modification of the vehicle configuration is prohibited (without prior written authorization from the rental company).
  10. The renter agrees 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.

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

Guidelines in the event of an accident or breakdown

  1. In the event of an accident or breakdown, the tenant must immediately notify the lessor.. He must also carry out with the greatest care, in the event of an accident, all the following formalities:
  2. Correctly complete the accident report while protecting the interests of the lessor;
  3. Indicate legibly and in full the identity of the persons involved and witnesses (names and addresses);
  4. Take safety measures regarding the vehicle;
  5. Notify the police in the event of injuries or refusal by those involved to admit their wrongdoing.
  6. The tenant is liable for any damage caused to the lessor by the violation of the obligations provided for 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 breakdown service can intervene.

 

Article 6

Tenant's responsibility

  1. Transfer of risks is carried out when the renter takes possession of the vehicle using the keys. The renter thus becomes responsible for the vehicle in his possession (including all accessories made available to the renter), which must be returned in its original condition. To this end, an inventory of the vehicle must be carried out upon delivery and return of the vehicle. This is an integral part of the rental contract. If the insurance company refuses to accept the damage, the damage must be borne by the renter. The insurance excess is always the responsibility of the renter.
  2. In case of damage, accident, theft of the vehicle, the tenant is in principle liable up to the amount of the excess provided for in the insurance contract. This reduction in liability does not apply to the damages listed in paragraphs 3 to 7 of this article and particularly in the absence of protection by the vehicle insurance. In addition, the additional costs referred to in article 12 of these general conditions will also be borne by the tenant. Failure to return is considered a breach of trust (art. 138 CP).
  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 tenant and intentional or grossly negligent damage (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 the load.

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 tenant is liable regardless of the date or place of return, until the release of liability is confirmed in writing by the lessor, respectively until the release of liability is confirmed and signed by the lessor.
  2. The tenant is fully responsible (unlimited liability) – also when concluding a reduction of liability or damage caused by an additional driver – for damage caused by a breach of contract and for damage to/in the vehicle caused intentionally or by serious negligence including all damage not covered by the lessor's insurer (including damage caused to the vehicle's wheels, namely rims and tires in particular). In such a case, the lessee agrees to cover all repair or replacement costs.
  3. The tenant is responsible for all damage caused by a third party (whether or not declared in the rental agreement as an additional driver) driving the vehicle at the time of the damage or accident. Upon request, the renter must provide the name and address of the driver to the rental company 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. In addition, the renter is particularly liable for all defects and/or damage to the vehicle for which he must be personally responsible. This includes, but is not limited to, damage caused by:
  6. the use of unsuitable fuel;
  7. improper use of vehicle equipment;
  8. failure to comply with the rental company's instructions regarding the use of the vehicle;
  9. careless handling of the interior of the vehicle (in particular, cigarette burns and stains on the seats and damage of any kind);
  10. off-road driving and generally negligent driving (in particular, damage to the underbody, e.g. steering, gearbox, suspension, shock absorbers as well as damage to axle components, underbody, oil pan, cables and lines, exhaust, protective panels and grilles);
  11. improper handling of the vehicle (mechanical damage to the clutch, gearbox, suspension and any other damage not covered by the vehicle insurance contract).
  12. The extent 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 damage as well as consequential damages such as towing costs, expert fees, depreciation, rental losses, lawyer's fees, administrative costs, transport and expert fees, immobilization and loss of bonus.
  13. Any act of retention, concealment or non-return of the vehicle is deemed to bebreach of trust within the meaning of Art. 138 of the Swiss Criminal Code, and will be immediately reported to the relevant authorities.
  1. 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, as long as it can no longer be re-rented under the same conditions

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) Before departure, check with the customs and tax authorities of the countries of destination and transit 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 respect the permitted stay periods in the destination countries and ensure the return of the vehicle to Swiss territory before the expiry of this period.
  4. d) Inform the Lessor immediately and by any means of any immobilization, confiscation, detention, customs or tax control, or any other abnormal event occurring abroad.

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 use or storage of the vehicle outside of Switzerland. The Lessor is expressly released from all liability, direct or indirect, civil, criminal, customs, tax, 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, 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 indemnity of CHF 1,000 (or another amount) for administrative and management costs incurred by the Lessor in handling any case related to an incident abroad, without prejudice to full compensation for other damages suffered.

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 agreement continues and all rent payments remain due until the vehicle is actually returned to the Lessor's headquarters in Switzerland. No refunds or reductions 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 to recover the vehicle wherever it may be, at the sole expense, risk and peril of the Lessee.

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.

 

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 within the time limit, the rental company must be notified immediately.
  3. The vehicle and all accessories listed in the rental contract must be returned during opening hours (times available on the rental company's website) no later than the last day of the rental. The vehicle will be returned to the rental company's garage address in principle or to the address mentioned in the rental agreement and parked in the space provided for this purpose by the rental company.
  4. The restitution is only effective under the following conditions:
  • Delivery on the date and time specified in the rental contract, failing which during the opening hours of the rental company'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);
  • Actual delivery of the keys to the lessor or to one of its agents, representative;
  • Signature by the lessor and the lessee of the joint condition report carried out upon handover of the vehicle.

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 condition report will be carried out when the vehicle is returned by the F-Motors Sàrl garage. This is an integral part of the rental contract and will be intended to attest to the condition of the vehicle when the rented vehicle is returned by the customer.
  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 as it was handed over to the renter, so it must be clean inside and out, emptied of all personal belongings, with all accessories and vehicle documents. All provisions of these general rental conditions apply in addition. Failing this, the restoration of the vehicle will be invoiced in accordance with the rates mentioned in article 12 CGL.
  4. The vehicle must be returned with a full tank of fuel. Otherwise, the rental company will charge for refueling in accordance with the rate mentioned in Article 12 of the General Terms and Conditions.
  5. The lessor reserves the right to withhold any amount from the customer'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 restitution of the vehicle under the rental contract does not entitle you to any reduction or reimbursement.
  8. The lessor is in no way responsible for any LOST AND FOUND following the return of a vehicle following the rental. However, these may be kept on the rental company's premises for 30 days. After this period, the rental company is authorized to dispose of them, the tenant being presumed to have renounced their ownership (art. 729 CC).

 

Article 8

Lessor’s commitments

  • The rental company certifies that its car has passed its technical inspection and is in working order and normal use. The rental company declines all responsibility in the event of Unforeseen breakdown or 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.
  2. The liability and casco insurance excess is CHF 2,000 (or another amount set out in the vehicle's insurance contract). Civil liability is excluded outside Europe.

Mandatory civil liability insurance does not apply:

  • for damages caused by the renter or any authorized driver, their agents or employees, with the rented vehicle,
  • for damages suffered by transported persons when their transport is not carried out under sufficiently safe conditions
  • if, at the time of the accident, the driver's license of the renter or that of any authorized driver, if they are driving, is not valid or has been revoked,
  • in the event of intentional or fraudulent misconduct
  • in the event of use of the rented vehicle for testing, competitions or motor races,
  • in the event of attempted suicide or suicide,
  • in case of attempted fraud,
  • in case 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 fine, he must bear all costs and administrative fees in accordance with Article 12 of the General Terms and Conditions of Business. When returning the vehicle, the renter is responsible for notifying the rental company if he receives a fine or believes he has committed an offense recorded by an automatic check.
  2. In the event of non-compliance with traffic regulations by the lessee or if the latter does not pay the taxes for which he is liable in Switzerland or abroad, he authorizes the lessor to communicate the contract data 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 rental day, either per 24 hours, per week or per month unless otherwise stated in the rental agreement.
  2. The rental price is the one set out in the rental contract and includes the use of the vehicle for the rental period indicated in the contract and, if agreed, additional taxes for accessories, young drivers, additional drivers, service for returning the vehicle to the rental company's garage, fuel, and others.
  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. In case of exceeding the rental period of more than 30 minutes, an additional day of rental will be charged for each 24-hour period started. This rate will be increased by CHF 250.- for each twenty-four-hour period of delay in accordance with Article 12 of the General Terms and Conditions. 
  5. Early restitution does not give rise to any reduction or reimbursement in accordance with article 7 paragraph 11 of these general conditions.
  6. All extension must be validated in writing ; otherwise, the day is billed at the standard rate +CHF 250.-.

 

Article 12

Additional charges

Additional fees apply in the following situations:

  • Discount of vehicle to another address : at the rate indicated on the rental contract;
  • Additional equipment rental : according to the amount indicated in the rental contract;
  • Additional rate for drivers under 25 years old : according to the rate indicated in the rental contract or proving driving experience of less than 7 years of driving licence;
  • Additional driver : according to the rate indicated in the rental agreement;
  • Extra kilometers CHF 2.- to CHF 3.- (depending on the rental agreement and the type of vehicle rented) will be charged for each additional kilometer;
  • Fines and other penalties : fee for the offense or removal of the vehicle from the pound (if applicable) increased by CHF – administrative costs;
  • Failure to return the vehicle and its keys within the contractual period and not authorized by the rental company : rate for an additional day increased by CHF 250.- per twenty-four hours 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 booking of the next customer), the lessor reserves the right to charge them in full to the customer.

 

  • Incomplete fuel tank: price at cost of fuel increased by CHF – for service provided by the rental company;
  • Use of fuel or liquids not suitable for the vehicle: repair costs to be borne by the tenant;
  • Failure to replenish consumed liquids : costs payable 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 carried out: rate charged per hour of cleaning CHF 140.-/hour;
  • Failure to comply with the smoking ban in the vehicle: flat rate of CHF 200.- and the repair rate in the event of any resulting damage in addition (holes in the seats, various damage to the passenger compartment and any other damage);
  • Damage to vehicle stickers : price at cost of reproduction and installation of the sticker plus CHF 180.-;
  • Damages related to negligent driving : repair costs payable by the tenant;
  • Vehicle damage deductible : CHF 2,000.- (or other amount fixed in the vehicle insurance contract) plus the cost of repairing damage not covered by the insurer;
  • Third-party damage deductible : flat rate of CHF 1,000.-;
  • Immobilization of the vehicle following damage: CHF 250.-/day;
  •  Breakdown and repatriation costs in the event of an accident or abandonment of the vehicle: price at cost plus CHF 250.-;
  • Lost keys : the tenant agrees to cover the full cost of replacing the keys. Other costs may be charged in addition in the event of immobilization of the vehicle;

 

Article 13

Deposit and payment methods

  1. Payment of the rental price and deposit is made by credit card accepted by the rental company or in cash. However, a credit card in the name of the main driver is required for booking and renting the vehicle. In certain circumstances, another payment method may be accepted (foreign check, for example).
  2. Alternatively, an amount will be blocked on the credit card as a deposit in the amount indicated in the rental agreement. Upon return of the car, the final price will be deducted from the deposit provided if the renter has not paid the rental costs upon return of the vehicle. In the event of damage or additional costs within the meaning of Article 12 CGL, loss or theft of the vehicle, it will be deducted from any compensation rights of the lessor.
  3. The tenant authorizes the lessor to reserve with the credit card issuer a credit corresponding to all the potential obligations of the tenant arising from the rental contract or the General Terms and Conditions and more particularly the costs provided for in Article 12 of the General Terms and Conditions and the amount of the deposit as set out in the rental contract.
  4. The lessor has the right to refuse the rental, despite a possible reservation made previously and an advance payment, if no deposit can be deposited or if the deposit is too low. The lessor is furthermore entitled and authorized to subsequently rectify the lessee's commitments arising from and relating to the rental agreement (for example, breakdown assistance, fuel, repair costs, etc., as well as fines or sanctions and administrative costs) using the means of payment made available to him for the coverage of the costs of The final invoice is deemed approved if the lessee does not contest it in writing within 30 days with the company F-Motors Sàrl  at the address of its registered office.
  5. The deposit may be kept by the Lessor for a maximum period of 90 days from the return of the vehicle, in order to cover any costs related to the contract, damage noted or ongoing procedures. The lessee acknowledges that any amount due to F-Motors Sàrl under this contract constitutes a certain, due and undisputed debt within the meaning of Art. 82 LP, allowing the Lessor to immediately initiate legal proceedings. The tenant expressly authorizes the Lessor to proceed with a subsequent debit from his bank card for any costs or damage noted after return, upon simple written notification or by email serving as proof.

 

Article 14

Cancellation conditions

If the reservation is cancelled less than 7 days before the start of the rental, any sum paid for the reservation will not be refunded.

 

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 Geneva have exclusive jurisdiction to hear 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 Court Act (LTF) are reserved.

 

Article 16

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

In the event of any contradiction, inconsistency or divergence between the provisions of the CGL and those of any annex, including the annex “Annex to the Rental Contract – Release of Lessor’s Liability”, 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.