General Terms and Conditions of Rental – Garage-Location Patrick SA
1. Start and End of the Rental, Extension
• 1.1 These general terms and conditions of rental (“GTC”) form an integral part of the rental agreement (the “Agreement”) between Garage-Location Patrick SA (the “Lessor”) and the natural or legal person renting one or more vehicles from the Lessor (the “Lessee”).
• 1.2 By signing the Agreement, the Lessee confirms having read and unconditionally accepted the GTC.
• 1.3 Regardless of the date of signature of the Agreement, the rental begins upon the actual handover of the vehicle to the Lessee and ends on the agreed date, when the vehicle and its keys must be returned to the Lessor (see Article 6).
• 1.4 Extension: If the Lessee wishes to extend the rental period, they shall inform the Lessor. Subject to the vehicle’s availability confirmed by the Lessor, the Lessee shall pay the additional rental fee on the same day. Otherwise, each 24-hour period until the vehicle and keys are returned shall be charged at the daily rate, increased by CHF 5.- per day. Weekly or monthly packages are not applicable.
2. Rental Price, Reminder
• 2.1 The rental price is detailed in the Agreement according to the applicable pricing schedule.
• 2.2 The price is indicated in Swiss francs (including VAT).
• 2.3 Unless otherwise agreed, the total rental price must be paid no later than upon collection of the vehicle.
• 2.4 All additional charges invoiced in accordance with these GTC are reserved.
• 2.5 In the event of late payment of an invoice issued by the Lessor, a first reminder will be sent to the Lessee granting a 10-day deadline for full payment. If payment is not made within this period, a formal notice will be sent by post granting a final 30-day deadline. If the payment remains outstanding, debt collection proceedings will be initiated.
3. Security Deposit
• 3.1 The Lessee is required to pay a security deposit upon signing the Agreement or, at the latest, upon handover of the vehicle (see Article 4). The deposit must be paid in full either in cash (Swiss francs only, unless expressly authorised by the Lessor) directly at the agency, or by credit card (Mastercard, Visa, Amex).
• 3.2 The standard deposit is CHF 500.- and does not bear interest. For persons not domiciled in Switzerland, the deposit is CHF 1,000.-.
• 3.3 The Lessor is entitled to offset against the deposit any claims arising from or in connection with the Agreement or these GTC that it may have against the Lessee.
• 3.4 A cash deposit is refunded only to the person who signed the Agreement, and only at the agency where it was originally paid. Refunds cannot be made by bank or postal transfer. If the deposit is not collected within 12 months following the return of the vehicle, it becomes the property of the Lessor.
4. Vehicle Handover by the Lessor
• 4.1 Once the Agreement has been signed and both the rental fee and the security deposit have been paid, the Lessor shall hand over the rented vehicle to the Lessee on the agreed date.
• 4.2 The Lessee is required to check the condition of the vehicle and immediately report any defects to the Lessor. The Lessee is liable for any defects not reported before leaving the handover location.
• 4.3 The vehicle is handed over in working condition and clean, with a full tank of fuel, water and oil, washer fluid and engine coolant, as well as a valid Swiss motorway vignette.
5. Use of the Vehicle by the Lessee
• 5.1 Authorised Drivers: The Agreement states the names, surnames, and addresses of the authorised driver(s) permitted to operate the rented vehicle (the “Authorised Drivers”), who are the only individuals allowed to drive it. The Authorised Drivers must hold a valid driving licence for the category of the rented vehicle. A copy of each Authorised Driver’s licence is retained by the Lessor at the time of signing the Agreement or vehicle handover and is attached to the Agreement. The Lessee is responsible for the conduct of the Authorised Drivers; their behaviour is attributed to the Lessee without restriction. The Lessor’s right of recourse against the Authorised Driver remains reserved.
• 5.2 Until the vehicle is returned, the Lessee is solely responsible for all offences committed by the Authorised Driver(s) using the rented vehicle, including violations of the Swiss Federal Road Traffic Act. Article 7.6 remains reserved.
• 5.3 The Lessee undertakes to use the vehicle with due care and solely for purposes permitted by law and the Agreement, to lock the vehicle when not in use (including windows, sunroof, bonnet), to regularly check tyre pressure, and to stop the journey as soon as reasonably possible and safe in the event of any defect, and to immediately inform the Lessor in accordance with Articles 7.1 and 7.5.
• 5.4 The Lessee is responsible for checking and, if necessary, refilling the levels of fluids (fuel, oil, washer fluid, AdBlue). Article 6.4 remains reserved.
• 5.5 The Lessee agrees not to use the vehicle in the following circumstances:
(i) motor racing, driving courses, skid control or as a driving school vehicle;
(ii) towing, pushing or moving another vehicle or trailer;
(iii) transporting goods or persons for payment;
(iv) carrying more passengers than permitted by the vehicle’s seating capacity;
(v) subletting the vehicle to third parties;
(vi) providing false personal information (including that of the Authorised Drivers);
(vii) driving under the influence of alcohol, drugs, medication or stimulants;
(viii) driving in an overloaded state or otherwise unfit to drive;
(ix) driving off-road, through rivers or similar terrain;
(x) transporting flammable, explosive, toxic or hazardous materials;
(xi) participating in civil unrest or any unlawful activity.
The Lessee acknowledges full liability for any damage resulting from failure to comply with these rules.
• 5.6 Smoking is strictly prohibited in the vehicle whether in motion or stationary. In case of breach, the Lessor reserves the right to charge a flat fee of CHF 150.-.
• 5.7 Vehicles may be equipped with geolocation and tracking systems. The Lessee expressly agrees that the Lessor may use such systems in the following cases:
(a) the vehicle is not returned on the agreed date;
(b) the vehicle is stolen;
(c) an accident occurs.
The collection, storage, and use of tracking data is solely for the purpose of protecting the vehicle fleet. The Lessor may be required to provide such data upon request by competent authorities.
6. Return of the Vehicle
• 6.1 Return: The Lessee is required to return the rented vehicle on the date and at the time specified in the Agreement and according to the instructions provided at the time of handover. The vehicle must be parked in such a way that it does not obstruct the passage or exit of other vehicles. The key must be deposited in the Lessor’s letterbox. Furthermore, the Lessee is responsible for checking directly with the relevant agency regarding opening hours, return procedures and parking rules to obtain the exact information. The agency opening hours are available at www.patricklocation.ch.
• 6.2 If the return is delayed by more than one hour, at least one full day of rental will be charged at the contractual rate. For each 24-hour period of delay, an additional surcharge of CHF 5.- per day will apply. The Lessor reserves the right to charge for any further costs or losses resulting from the delay, such as being unable to fulfil the next customer's booking.
• 6.3 The vehicle must be returned to the Lessor in working condition and clean, with all tanks filled, and the refuelling receipt presented to the Lessor. Otherwise, in addition to the cost of the missing fuel, a flat fee of CHF 50.- will be charged to the Lessee.
• 6.4 All consumed fluids (fuel, oil, washer fluid, engine coolant) are at the Lessee’s expense. If more than one litre of oil is missing, a flat fee of CHF 200.- will be charged to the Lessee for premature engine wear.
• 6.5 If cleaning or waste removal is necessary after return, a minimum of one hour will be charged to the Lessee at an hourly rate of CHF 140.-.
• 6.6 If a promotional sticker, which is considered an integral part of the vehicle, is removed during the rental period, a flat fee of CHF 50.- will be charged for its replacement.
• 6.7 If the vehicle is not returned at the end of the rental period as agreed in the Contract, the Lessor may retrieve or have the vehicle retrieved at the Lessee’s expense. In such a case, a minimum charge of CHF 500.- will apply in addition to the extension of the rental period until the vehicle is returned. The seizure of the licence plates will be charged at CHF 300.-, with any further costs or damages reserved.
• 6.8 The Lessee expressly authorises the Lessor or any third party appointed by the Lessor to enter the premises where the vehicle is located in order to take it back.
• 6.9 The Lessor accepts no responsibility for the loss or damage of items left inside the vehicle upon its return or seizure. The Lessee’s personal belongings may be collected from the Lessor within twenty-four hours following the event. After this period, the Lessor is entitled to dispose of them, and the Lessee shall be deemed to have waived ownership (act of abandonment, Art. 729 Swiss Civil Code).
• 6.10 If the vehicle is returned before the contractual end date and/or the agreed mileage allowance is not used in full, the rental price remains fully due to the Lessor.
• 6.11 In case of non-compliance with the return conditions, a flat fee of CHF 100.- will be charged to the Lessee as a contractual penalty.
• 6.12 The Lessee remains fully responsible for the vehicle until it has been checked by the Lessor’s staff.
7. Accidents, Breakdowns, Reporting
• 7.1 Accidents, theft, damage: The Lessee must immediately inform the Lessor of any accident, theft or damage to the vehicle. For any damage occurring during the rental period (with or without the involvement of third parties), the Lessee is responsible for having an accident report completed, involving the police where applicable, and must provide the facts, the names and addresses of the drivers involved, as well as any witnesses. Once the report has been completed, and provided that the vehicle remains roadworthy without posing further risk, the Lessee must go as soon as possible to the nearest Lessor agency for damage assessment. If breakdown assistance is needed, Article 7.5 applies.
• 7.2 For each case of damage and/or involved parties, the Lessor may charge the Lessee a CASCO compensation of CHF 2,000.- (comprehensive deductible, loss of bonus and vehicle devaluation) and/or a third-party liability deductible of CHF 1,000.-, plus CHF 250.- in administrative fees per case. Article 7.3 remains reserved.
• 7.3 For each damage not reported through an accident report, a flat fee of CHF 250.- will be charged. A higher compensation amount covering the full cost of repair may be required in cases of intent, negligence or gross misconduct by the Lessee. This compensation is due regardless of whether the vehicle is repaired.
• 7.4 The Lessor reserves the right to claim compensation under Article 97 of the Swiss Code of Obligations for each day the vehicle is out of service during the repair period.
• 7.5 Breakdown, defect: The Lessee must immediately inform the Lessor of any breakdown or defect. If necessary, the Lessor will appoint a third party for breakdown assistance and may authorise repairs. The breakdown assistance number is provided with the vehicle documents (Green Vaudoise Insurance label: +41 21 618 88 88). The Lessee is prohibited from repairing the vehicle themselves or abandoning it on-site. In case of abandonment, towing and recovery costs will be charged to the Lessee (including time lost and other indirect damages).
• 7.6 Reporting: If a report (e.g. a speeding fine) is sent to the Lessor, a flat administrative fee of CHF 50.- will be charged. In addition, the Lessee authorises the Lessor to share their personal information (contact details) or those of the Authorised Drivers with the competent authorities, in the event of a justified request (e.g. police or criminal authorities). The Lessee remains responsible for paying any fines and related costs.
• 7.7 The administrative fee for file processing in case of an incident or dispute (CASCO, third-party liability, litigation, enforcement, etc.) is CHF 250.- per case of liability.
8. Lessee’s Liability
• 8.1 The Lessee is liable for all costs incurred up to the amount of the contractual compensation or deductibles (see in particular Article 7.2), except for damage caused by fire, natural disasters, or animals (excluding damage caused by animals belonging to the Lessee or their passengers).
• 8.2 In addition to liability for damage caused to the vehicle or third parties under Article 7 above, the Lessee is personally and fully liable for the loss or theft of the rented vehicle or any of its components.
• 8.3 The Lessee is liable for any damage not covered by the Lessor’s insurance. The insurer’s right of recourse against the Lessee, particularly in the case of gross negligence, remains reserved.
• 8.4 The Lessee remains responsible for the vehicle until the release of liability has been confirmed and signed by the Lessor’s staff. Hidden defects remain reserved.
• 8.5 By signing these GTC, the Lessee authorises the Lessor to charge their credit card for any costs, compensation, or damages without prior notice or issuance of an invoice.
9. Right of Termination
• 9.1 Lessor: If the rented vehicle cannot be started prior to the beginning of the rental, the performance of the Agreement shall be considered impossible within the meaning of Article 119 of the Swiss Code of Obligations, and the Lessor shall be entitled to terminate the Agreement with immediate effect. Any rental fees already paid by the Lessee will be fully refunded, without any further or additional compensation being owed.
• 9.2 Lessee: In the event of termination of the Agreement before taking possession of the vehicle, the Lessor will refund the rental price in the form of a rental credit, after deducting a flat fee of CHF 50.-.
• 9.3 If the Lessee fails to comply with all the terms of the Agreement or these GTC, the Lessor reserves the right to repossess the vehicle at any time and without prior notice. The rental price remains payable to the Lessor.
10. Derogation
• 10.1 Any exception to these GTC must be agreed in writing and signed by both parties.
11. Governing Law and Jurisdiction
• 11.1 These GTC and the Agreement are governed exclusively by Swiss law, in particular the Swiss Code of Obligations (CO).
• 11.2 In the event of any dispute arising from the execution of the GTC or the Agreement, the Parties shall endeavour to reach an amicable solution.
• 11.3 Any dispute arising from this Agreement shall fall under the exclusive jurisdiction of the ordinary courts of Nyon, Switzerland.