General terms and conditions
1. Rental period
a) The term of the agreement is set out on the front of the present agreement.
The renter is required to return the vehicle by the end of the agreed period unless they have requested in writing and been granted an extension to the initial rental period. The rental company is entitled to apply an additional daily rental charge in the event that the renter fails to return the vehicle by the agreed time.
b) Daily rental charges will be applied in full for each 24-hour period or part thereof, beginning from the time at which the vehicle is delivered.
c) The renter consents to the rental company taking back the vehicle with no other formalities required in any of the following cases:
- the renter has been formally notified of their obligation to pay the cost of the rental but has failed to do so within the specified time frame
- the rental agreement expired at least 7 days ago
- the rental company has good reason to be concerned for its property
- the renter has failed to fulfil any of their contractual obligations.
2. Security deposit
- The renter shall pay a deposit as outlined on the front of the present agreement by credit card or in cash. The amount of the deposit shall be returned within a maximum of three working days upon the return of the vehicle, after deduction, where applicable, of
a) the costs of repairing any damage caused by the renter during the rental period that has been duly recorded and is not covered by insurance;
b) the cost of recovering, cleaning and refilling the vehicle with fuel
c) the rental days invoiced but not paid for at the end of the hire period. (see Article 4. Return).
3. Delivery of vehicle
- The renter consents to receiving instruction on maintaining and driving the vehicle. The renter will be responsible for any damage caused by failure to correctly maintain the vehicle. The fuel tank will be full when the vehicle is delivered to the renter and must be full when the vehicle is returned.
- The renter acknowledges that the vehicle stated on the front of the present agreement, its features and tools and its spare wheel have no defects and that the vehicle is perfectly safe to drive.
- The renter agrees to return the vehicle in good condition and to the agreed location. In the event of failure to return the vehicle to the agreed place, the renter agrees to pay a recovery fee calculated based on the current towing tariff.
- The renter is required to pay the value of any parts, tools or other equipment not returned with the vehicle.
- In the event that the vehicle is returned early during school holidays, no refund will be offered. Excess buy-back is non-refundable.
- If the vehicle is returned in a poor state of cleanliness, the cost of having the vehicle cleaned by a specialised company will be borne by the renter.
- The renter will be charged a flat-rate refuelling fee, in addition to the price of the fuel added, in the event that the vehicle is not returned with a full tank of fuel.
- The renter is responsible for parking the vehicle in accordance with the provisions in force (blue disc, parking meter, parking prohibitions, etc.) for the entire duration of the rental period and until the vehicle is returned to the ACL. In the event of failure to comply with these provisions, the costs of any fines will always be borne by the renter. If the vehicle is returned to a garage, the ACL recommends that the renter park the vehicle in an authorised, charge-free location.
5. Payment conditions
- The cost of the rental must be paid in advance for the duration of the rental period. If the rental period has been extended and the extension has been duly accepted, the renter must pay the full amount on return of the vehicle. In the event of non-payment, the amount will be deducted from the amount of the deposit paid when the vehicle was collected. The renter consents to the rental company taking back the vehicle immediately in the event of the former failing to make the additional payment when required to do so.
- The renter may not offset the value of any part of the agreement outstanding against any amounts payable to the rental company in the framework of the present agreement. The renter also renounces any right of retention.
- The renter must return any documents that can only be used in accordance with the relevant legal provisions at the end of the term of the agreement and without being specifically asked to do so. The renter is solely responsible for any breach of any relevant legal or administrative provisions, such as those relating to customs and excise, for example.
6. Sub-rental of the vehicle
- The vehicle may not be sub-rented, driven by individuals not stated on the agreement or used for the paid transportation of individuals or to participate in motor races or teach learner drivers without the written agreement of the rental company.
- Using the hired vehicle to tow or push another vehicle is prohibited. The renter agrees to fully reimburse the rental company for any damage caused to the vehicle as a result of their failure to adhere to this prohibition, without any need to first establish responsibility.
7. breaches of the highway code
- In accordance with the Luxembourg Highway Code, and in particular Article 4 of the amended law of 25 July 2015, financial responsibility for any offences committed with the hired vehicle lies with the renter. Under no circumstances may the ACL be held financially responsible for any offences committed when the vehicle with which the offence is committed is rented to the renter, for the duration of the contract and until the vehicle is returned in accordance with Article 3 of the present conditions.
Pursuant to Article 8 of the amended law of 25 July 2015, the ACL may contest the offence within 45 days by returning the duly completed and signed dispute form to the Centre by registered letter, accompanied by a copy of the rental contract.
In accordance with the provisions of Article 6 of the General Data Protection Regulation, the processing of this data, including the sharing of the rental contract and the identity of the person with the competent authorities, is perfectly lawful.
- All rental vehicles are covered by civil liability insurance and fully comprehensive insurance covering material damages to the rental vehicle, theft, fire and glass breakage.
- In the case of foreign travel, civil liability insurance is valid for the countries stated on the green map only.
- In the event of any damage being caused to the rental vehicle, the renter is responsible up to the value of the set amount stated on the front of the present agreement, without any need to first establish responsibility. This amount is to be paid at the time the vehicle is returned. The rental company is responsible for any damages that exceed said amount for which the renter is responsible. The renter is also responsible for any damages caused to third parties that are not covered by the liability insurance.
Any damage or deterioration to the inside of the vehicle caused by any animals and/or objects being transported or the loading or unloading thereof is not covered by the insurance.
Comprehensive cover is void if the vehicle is driven by an individual who has consumed alcohol in such a quantity that the blood alcohol level is at least 1.2g per litre or who has shown clear signs of intoxication; if it is proven that the driver has taken drugs, narcotics or hallucinogens.
9. Driver liability
- The driver is responsible for ensuring that the vehicle is returned to the rental company in the same condition in which it is collected and must therefore exercise due care and diligence when using it. In the event of any technical problems or other anomalies (red lights on the dashboard, low water or oil levels, etc.), the driver is required to stop immediately and call the assistance line on +352 26 000. The driver will be held responsible for any mechanical damage due to misuse.
10. Steps to be taken in the event of a road traffic accident
- In the event that the renter is involved in a road traffic accident they are required to complete all necessary procedures such as reporting the accident to the police, obtaining a list of the names and addresses of the individuals involved in the accident and any witnesses, writing an accident report, etc. The renter is required to pass all of this information on to the rental company.
- In the event of any physical damage being caused to any individuals the rental company must be informed immediately by phone.
11. Declaration of damage to and faults with the vehicle
- The renter is required to immediately inform the rental company of any damage to the rental vehicle that they might observe. Damage can only be repaired at the behest of the rental company, in which case the repairer will charge the rental company directly for the cost of repairing the damage in question, without prejudice to Article 7 of the present agreement. The rental company is solely responsible for choosing the party who will repair the damage. The renter will not be reimbursed for the cost of any repairs not ordered by the rental company.
- Any accidents, damage or flaws must again be declared to the rental company at the time the vehicle is returned.
- Any disputes stemming from the present agreement will fall within the jurisdiction of the courts of Luxembourg.
13. Equipment and protection of vehicles
- The renter acknowledges that they have received the vehicle described on the front of the present agreement along with the corresponding documentation, spare wheel, emergency warning triangle, safety vest and accessories stated on the front of the present agreement. The renter has taken the rental vehicle on their own behalf and at their own risk, in perfect roadworthy condition and with a full tank of fuel.
- In order to guarantee the safety of both its vehicles and the customer and to ensure that the present General Terms and Conditions of Rental are complied with, the ACL fits its vehicles with geolocation devices as part of its efforts to fight fraud. Vehicles equipped with geolocation systems and tracking devices can therefore be located in the event of theft or failure to return the vehicle to the rental agency, or even used to locate the vehicle in the event of an accident or breakdown. This information can be used both during the rental period and once it has ended. The processing of this data is legally based on the execution of the rental contract and consent to the General Terms and Conditions of Rental. In accepting the present Ts & Cs you consent to the use of these electronic devices. Location data will be stored for two months from the date on which they are recorded.
14. Processing of personal data
The personal data gathered via this document, based on the execution of this contract and your consent, will be processed to ensure that the services provided by ACL Clubmobil are correctly delivered and developed and for no other purpose. ACL Clubmobil guarantees that your data will be processed in accordance with the applicable data protection regulations. The ACL only stores your personal data for as long as is necessary for the purposes for which they were originally collected. Insofar as the ACL is required by law to store personal data, the retention period complies with the relevant legal obligations. With regard to business documents, and accounting records and supporting documentation (e.g. invoices) in particular, the retention period is 10 years (Article 14 of the Luxembourg Commercial Code). Where applicable, your data will be blocked for on-going transactions during this period, provided that there is no other reason for the to be processed.
You may exercise your rights (access, rectification, etc.) by submitting your request by letter to the following address:
Automobile Club du Luxembourg, 54 Route de Longwy, L-8080, Bertrange Luxembourg,
addressed to the Responsable Protection des Données, by email to firstname.lastname@example.org
or, for general matters,
to the Data Protection Officer at email@example.com
March 2023 version