TERMS OF SALE
The present General Terms of Sale are an integral part of the annex to the service contract. signed by both Parties, the Agency and the Customer. The present terms of sales in appendix are an integral part of the car rental contract.
2. SERVICES OFFERED
A. The Agency sells to the Customer a the rental car and a tour with or without driver with an approved road trip by the Agency. A modification of the road trip leads to a readjustment of the rental price.
B. The Agency rents a category of Cars. While remaining in the ordered category, the model initially proposed could be different from the model delivered.
C. The milleage is unlimited. Driver's accomodation is also included in the price. All road tolls are not included in the price.
3 - PERIOD OF RENT
A. Definition: the unit of the rental is the day, going from 06H00 AM to 08H00 PM on the hiring with driver and from 06H00 AM to 06H00 PM on the hiring without driver (self drive). It is possible to extend the unit from 18H01 to 05H59 on the rental car with driver only and against overtime pay.
B. No change to the contract is possible after the date and time of pick-up.
C. Any late take of the Rental Car, any reduction of the rental period, any unused period, any abbreviated and interrupted period do not entitle to any modification of the rental rate, any possible refund and no possible recourse.
4 - BOOKING AND PAYMENT
A. Rates are guaranteed when the Customer makes a reservation. A reservation is not contractual when it's not followed by the payment of a booking deposit. The Agency can cancel a reservation without prejudice, without recourse and until the last minute for failure to pay a booking deposit.
B. The reservation and / or the order may be canceled and canceled for failure to pay the secure deposit without notice, without prejudice and without recourse. This also applies to any rejection of remuneration, irregular remuneration, incomplete or non-existent whatever the cause. Before receipt and receipt of the full payment, the Agency is not obliged to perform its services.
C. The Agency agrees to be paid in euros, US dollars and Ariary of Madagascar. In the event that the Customer disputes the exchange rate to convert currencies, only the reference price of the Agency will prevail in case of dispute.
Accepted methods of payment are: bank transfer or Western Union or cash. The money transfer fee is the responsibility of the Customer.
Bank details for all bank transfer:
- Account holder (Recipient’s name): N7 Madagascar
- Bank name: BNI Madagascar
- IBAN: MG46 00005 00070 55206140100 72
- BIC Code: CLMDMGMG
5. RENTAL CAR WITHOUT DRIVER ONLY, SPECIFIC TERMS
A - The unit of the rent without driver is from 06H00 AM to 06H00 PM.Between 18H01 and 05H59, the Agency declines all responsibilities.
B - The Agency's responsibility is limited to the following national roads and to the towns and villages that pass through them: RN7 (south to Tulear), RN2 (east to Tamatave), RN4 (to north-west to Majunga), RN34 to RN35 (southwest to Morondava), RN6 (north to Diego-Suarez).
C - If renting without a driver, the assistance is not free if the car is broke down on all unpaved roads and on all dirt roads not accessible by 2 wheel drive sedan car.
D - Drivers who are 21 years of age and have a Category B license for at least 3 years are eligible for driverless hire.
E - The Customer must check the oil level and the water level. He undertakes to report any abnormal consumption of engine oil and cooling water to the Agency. He is required to return to the maximum levels by adding oil and cooling water supplied with the vehicle. The Agency disclaims any liability for failures caused by non-verifications of levels.
F - the Customer is responsible for infractions during the rental period.
G - The person paying must be the person who signs the contract and must also be the driver of the Car. The driving of the car must not be assigned by a third party by the signatory of the contract. The Customer is responsible for acts committed by all his passengers.
H - Upon return of the car, the Customer agrees to return the car, all papers and keys to the Car. If the customer does not return the keys or papers of the car, the value of the damages caused by the loss of keys or papers of the car will be deducted from the security deposit.
I - On delivery, the vehicle is delivered with a certain level of fuel and must be returned to the same level as it was delivered. It's the responsibility of the Customer to restore the refund. Customer's excess fuel will not be refund by the Agency.
J - Only the damages with Third-Party Liability insurance and with the passengers insurence are offered. This pays out if the Customer hurt anyone or damage anything with the hire car. It doesn’t cover the rental car, or anything or anyone in it. Only third party identified is covered by the insurance.
K - The customer must deliver a security deposit which will be returned at the end of the contract provided that
L - The Agency defines the security deposit as a guarantee and as a pledge that the Customer entrusts to it as security for a debt.
M - Agency is not responsible for all damage on all unpaved roads and on all dirt roads.
N - If the Customer wants to organize his own tour, the Agency needs to know the details day by day.
O – Madagascar routes authorized with the self drive:
Rental car with driver: assistance is free.
Rental car without driver (self drive): assistance is free on paved roads only. It is not free on all unpaved roads and on all dirt roads not accessible by 2 wheel drive sedan car.
7 - CASE OF MAJOR FORCES
The Agency declines any liability for any intentional or non-intentional immobilization of the car in prevention or caused by cases of irresistible major forces beyond the control of the Agency.
The Agency is not responsible if the road is cut by water (river and flood).
The content of the Agency's website, the e-mails as well as the telephone / text messages exchanged between the Agency and the Customer are not contractual and do not incur any liability of the Agency vis-à-vis the visitor and vice versa. The Customer can not under any circumstances use as evidence a content of the website and the site itself and / or an e-mail and / or a phone call / sms to claim compensation for any reason.
9 - LITIGATION PROCESS
A. The Agency is not responsible for the luggage and other objects of the Customer and disclaims any liability for loss or destruction.
B. In the event that the contract is translated into one or more languages other than the English language, only the English text would prevail in the event of a dispute.
C. Any dispute arising out of the interpretation or the execution of the present ones will be the subject of an amicable settlement.
D. In the event of a dispute, the parties confer jurisdiction on the court in Antananarivo, Madagascar.
Last update of these Terms of sales : May 8, 2019 at GMT 8:00 PM