ARTICLE 1 - OWNERSHIP OF EQUIPMENT​

The equipment remains the property of the lessor.
The lessee must inform the lessor directly in the event of bankruptcy, seizure by third parties or any other creditor exercising its rights. The lessee is obliged to inform any third party that he is not the owner of the leased equipment. In the event of legal reorganization, bankruptcy or liquidation, the lessor has the right to terminate the subscription contract and demand the return of the equipment. 

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The lessee chooses the equipment of the brand and type that suits him, according to technical qualities, desired performance and his own needs as a user in the category of his choice and depending on vehicle availability.

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Consequently, if, for any reason beyond the Lessor's control, the equipment does not meet the use for which it is intended, is affected by redhibitory or hidden defects, or does not ensure the expected yields or profitability, the Lessee may neither defer nor interrupt the regular payment of its rental payments at the due dates, nor exercise against the Lessor any recourse whatsoever to obtain the cancellation of the subscription contract, defer its application or formulate any claim for damages.

 

The hirer also signs the inventory of fixtures on receipt, which states that the equipment delivered conforms to that covered by the subscription contract and reservation.
This signature or acceptance of the inventory of fixtures implies unreserved acceptance of the equipment by the lessee, who thus declares that he/she is familiar with all its characteristics, particularly its operation. 

        

In the absence of an inventory of fixtures, the lessor, after the equipment has been made available, may consider that the lessee has accepted the equipment and is therefore entitled to pay for it, if he has not already done so. 

 

Sub-letting the equipment is strictly forbidden. 
If the lessor has in his possession elements which may lead him to believe that the lessee is sub-letting the leased equipment, the lessor has the right, without prior notice, to recover the vehicle.

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ARTICLE 2 - EFFECTIVE DATE OF THE LEASE - RENTS - TERMS OF PAYMENT

The subscription contract takes effect upon signature. Rental takes effect from the date of delivery of the equipment to the hirer. Rent is payable upon reservation of the equipment. The annual subscription fee is non-refundable, and no reason may be given for its reimbursement. 

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Monthly installments are payable in advance. On any amount not paid on the due date, the lessee will owe, ipso jure and without formal notice, a rate of 1.5% per month. No claim or dispute of any kind whatsoever suspends the obligation to pay. All costs incurred by the lessor as a result of refusal to accept delivery or late acceptance shall be borne by the lessee. If the monthly payment, annual fee or security deposit is not paid or is only partially paid within 30 days of the due date, the lessor reserves the right to terminate the contract immediately and to seize the vehicle. 

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Rents remain unchanged for the entire duration of the reservation, subject to changes in VAT rates, or in general the tax regime applicable to the transaction.

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The subscription contract is automatically renewed on expiry. If the lessee does not wish to renew the subscription, the lessee is required to inform the lessor at least 30 days prior to renewal. The lessor reserves the right not to renew the subscription. 

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In the event of early termination of the subscription, the annual fee is non-refundable. 

Breach of contract automatically entails a AED 2000 termination fee payable to the lessor by the lessee.

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Rental is granted for a minimum period of 1 month, starting on the day of delivery. The tacit renewal of a monthly payment is validated on the basis of inaction 15 days before the end of the reservation period previously established by the lessee. The next instalment will also be tacitly renewed on the basis of inactivity, and so on. If this process encounters a reservation conflict with another renter, the subscription will be automatically paused and the vehicle recovered by Luxilo at the end of the monthly payment concerned.

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ARTICLE 3 - USE AND OPERATION OF EQUIPMENT

The lessee is obliged to use the property with due care. He is responsible for the loss, disappearance, deterioration and premature wear of the equipment. On delivery of the vehicle, or in advance, the hirer must sign a supplementary rental contract, specifying the terms of insurance and deductible linked to the specific value of the equipment chosen. This rental contract will also mention the additional costs to which the hirer is exposed in the event of damage, vehicle cleaning, fines, etc.

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The hirer must comply with the obligations mentioned on the rental contract.

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In the event of non-use of the equipment reserved for any reason whatsoever, the lessee may not claim any reduction in rent or compensation of any kind from the lessor, nor demand cancellation of the rental contract. However, the lessee may suspend the reservation by notifying the lessor 15 days in advance. 

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Contrary to articles 1719 et seq. of the French Civil Code, all costs incurred by the use and repair of the equipment are the responsibility of the lessee.
Repairs covered by the manufacturer's warranty are at the Lessor's expense, as is normal maintenance, which is part of good housekeeping. The lessee undertakes to inform the lessor of any alert, warning light or other message requiring maintenance or repair.

 

It is forbidden for the hirer to incorporate parts, equipment and accessories into the equipment. All modifications to the vehicle are strictly forbidden. 

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The lessor may at any time inspect or check the condition of the equipment and its use. He can always check the execution of any repairs or incorporation of parts. 

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Within 24 hours, the lessee must notify the lessor of any deterioration, damage or destruction of the equipment and of any accident caused by it, and assumes all liability in the event of failure to do so. 

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The lessee undertakes to comply with the laws and regulations in force concerning the possession, transport and use of the equipment. The equipment may only be driven by persons with the appropriate and authorized driving license for this equipment; any driving under the influence of drugs or alcohol is prohibited and will be prosecuted before the competent courts.

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The lessor assumes the warranty for hidden defects. However, no recourse may be taken against the Lessor for such defects.

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Liability to third parties arising from the use of the leased equipment rests exclusively with the lessee, even if the damage was caused by a defect in the equipment.

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In the event of a dispute, the courts of the Emirates shall have jurisdiction. For the interpretation of the present contract and all its consequences, the parties submit to Emirati law.

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If a vehicle has to be transferred between one of our pick-up areas, a transfer fee may apply. 

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AED 3800 including VAT if the amount of the reservation is less than AED 20 000 including VAT.

AED 1400 including VAT if the amount of the reservation is between AED 20 000 including VAT and AED 40 000 including VAT.

Free of charge for bookings over AED 40 000 including VAT.

 

The "One" lessee-subscriber has 600 logistical kms included in the subscription. The kilometer consumption of this offer will be calculated on the basis of the distance covered by the courier from the nearest Luxilo pick-up zone to his return to the pick-up zone. When this package is exhausted, the renter may still request Luxilo delivery services at the normal rate (AED 6.00/km). The "One" tenant-subscriber is not exempt from transfer fees.

 

The monthly payment includes a flat-rate kilometer charge of 4,500 km, regardless of the vehicle or category chosen. This fixed kilometer rate cannot be accumulated or renewed from one reservation to the next.

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ARTICLE 4 - UPDATING GENERAL TERMS AND CONDITIONS AND CONTRACTS

These terms and conditions and any subscription or reservation contracts are subject to change. If this is the case, new documents will be submitted to the lessee. Should the Lessee reject these, the Lessor reserves the right to terminate the contractual relationship between the Lessor and the Lessee.

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ARTICLE 5 - SCOPE OF APPLICATION

Any vehicle rental made by Luxilo to any customer (hereinafter the "Renter") is governed entirely and exclusively by these terms and conditions.
 

The Renter expressly and unreservedly acknowledges that he/she is subject to these terms and conditions when renting a vehicle from Luxilo. They also apply to any contractually designated driver, who is deemed to be the Renter for the application of these terms and conditions, to which he/she unreservedly adheres. 

 

In the event of any contradiction between the rental contract and these general terms and conditions, the rental contract shall prevail.
 

Any reservations the Renter may have must be made at the time the vehicle is made available and must be mentioned on the rental contract. Luxilo reserves the right to modify these terms and conditions at any time and without prior notice, but undertakes to apply the terms and conditions in force at the time of rental.

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ARTICLE 6 - PROCESSING OF PERSONAL DATA

Within the framework of its services, Luxilo processes personal data in compliance with the provisions relating to the protection of individuals with regard to the processing of personal data and the free circulation of such data.
 

Luxilo may use all information provided to it by the Renter in connection with the Rental, including the personal data of each designated driver, to verify identity, collect payments, monitor fraud and deal with any possible problems before, during and after the Rental period.
The Renter consents to Luxilo processing his/her personal data. For more information on the processing of personal data, please consult the privacy policy.

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ARTICLE 7 - CONDITION OF THE VEHICLE - AVAILABILITY

Luxilo draws up a vehicle condition sheet called a "departure inspection sheet". It mentions any damage or mechanical defects. This sheet is drawn up and signed by the parties when the vehicle is made available via the "WeProov" application and via the "ProPlanner" application.
 

The lessee acknowledges having received the vehicle in good mechanical and body condition, or failing that, that the damage and mechanical problems have been correctly documented via the "WeProov" and "ProPlanner" applications, and that the vehicle is clean inside and out. He further acknowledges that the vehicle is equipped with a spare wheel if applicable and a full tank of fuel, that the level of oil and other fluids is adequate and that the vehicle is equipped with all accessories and official documents required by law. He undertakes to return the vehicle in the same condition and with the same documents and accessories as on delivery.

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The Tenant is required to thoroughly inspect the vehicle and the inventory of fixtures drawn up in advance by Luxilo. He/she must report any defects, damage and technical problems not mentioned that he/she has observed. Failing this, Luxilo is deemed to have delivered a vehicle with no apparent defects and no subsequent claim relating thereto will be taken into account. Once sent by e-mail and the vehicle collected by the renter, the vehicle condition sheet is binding on both parties, whether signed by the renter or not.
 

If Luxilo is unable to provide the vehicle specified in the rental contract due to force majeure (as defined by the case law of the UAE courts), it undertakes to offer the renter a comparable vehicle. If the latter does not agree with the proposed alternative, the rental contract will be automatically terminated, without Luxilo being liable for any form of compensation or indemnity.

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ARTICLE 8 - DRIVING CONDITIONS

The Hirer must be at least 25 years of age and hold a valid form of identification and a valid, recognized driving license obtained at least 3 years previously.
 

The Hirer declares that he/she knows how to drive the vehicle perfectly and declares that he/she is not disqualified from driving.
Any other person may be designated as a driver in the contract, subject to compliance with the above conditions and payment of a supplement. However, the Renter remains fully liable to Luxilo for compliance with these terms and conditions and for any damage that may occur during the rental period.
 

If the Renter deliberately provides Luxilo with false information regarding his/her identity, age, address and/or driver's license validation, this will be considered a breach of these terms and conditions and the Renter will be liable for any accidents and damage to the vehicle or persons occurring during the rental period.
 

In general, the Renter undertakes jointly and severally with the legal entities, natural persons and associations on whose behalf he/she undertakes to Luxilo, to fulfill all obligations incumbent upon him/her under the rental contract and these general terms and conditions.

 

ARTICLE 9 - HIRER'S OBLIGATIONS WITH REGARD TO THE VEHICLE - CONDITIONS OF USE

The Hirer undertakes to use the vehicle with due care and in accordance with its intended use.
He/she undertakes to carry out the usual inspections of the vehicle, such as checking the oil and water levels and tire pressure, insofar as this is indicated by the warning signs on the vehicle's dashboard, and to notify Luxilo if any action needs to be taken.
In addition, the customer must take all necessary measures to ensure that the vehicle is returned in the same condition in which it was received.
 

Any illegal, non-contractual and/or inappropriate use of the vehicle is strictly forbidden. In particular, the lessee undertakes not to use the rented vehicle to push or tow another vehicle or a trailer, to use it for illegal purposes, to sublet the rented vehicle, to modify it, to carry loads exceeding the authorized load weight, or to entrust the driving to a driver not mentioned in the contract

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The vehicle may not be used to transport flammable, explosive, toxic and/or corrosive products, flammable liquids or radioactive materials. It may not be used for the transport of persons or any other type of similar transport for consideration.
The vehicle may not be driven by a person under the influence of alcohol, narcotics or medication, or who is unable to control his or her actions. The vehicle may not be driven on a racetrack or any obvious equivalent.
 

In particular, the Tenant undertakes to: 

• Take all reasonable precautions to prevent the vehicle from being damaged, crashed or stolen;

• Not to use the vehicle in sporting competitions, particularly automobile competitions, or more generally to drive at excessive speed;

• Never transfer the rental contract, sell, mortgage or pledge the vehicle, its equipment or tools, or treat them in a way that is detrimental to Luxilo;

• Always lock the vehicle and remain in possession of the keys;

• Not to apply advertising lettering, except with the prior written consent of Luxilo;

• Not to smoke inside the rented vehicle;

• Do not clean the rented vehicle other than by hand and using appropriate products;

• Regularly check oil, coolant and windshield washer fluid levels

• Make the vehicle available to Luxilo when maintenance is required.

The lessee shall bear all costs arising from improper use of the vehicle or use contrary to this article, as well as any damage to property or persons resulting from failure to comply with the above prohibitions.

 

If the renter intends to entrust the driving of the vehicle to a third party, he/she must obtain Luxilo's prior written authorization. In this case, additional costs will be invoiced to the renter. In the event of infringement of this provision, the lessee acknowledges that he/she is civilly liable for the said third party, and any resulting damages and costs will be borne by the lessee.
The lessee is authorized to drive the vehicle outside the territory of the United Arab Emirates subject to prior written authorization from Luxilo.
 

Non-compliance with the obligations incumbent upon the Renter under the terms of this article will result in the application of an indemnity proportional to the prejudice suffered of a minimum of AED 600, without prejudice to the immediate return of the vehicle at Luxilo's request. In this case, no reimbursement will be made.
Furthermore, in the event of material damage caused to the vehicle resulting in its immobilization, the renter will be liable for an unemployment indemnity of at least AED 2,000/day of immobilization, intended to compensate Luxilo for the loss suffered as a result of the immobilization of the vehicle. The exact amount is shown on each contract drawn up between Luxilo and the Renter.

 

The renter is responsible for the payment of any fines or other costs resulting from an infraction committed with the rented vehicle, regardless of who was driving the vehicle at the time of the infraction. In addition, Luxilo will charge the renter an administrative fee of AED 300 per violation. This amount may be increased to AED 480 in the event of non-payment within 15 days of the invoice being sent.

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ARTICLE 10 - VEHICLE DEFECT OR VICE

The lessee will remain vigilant to any warning lights appearing on the vehicle's dashboard, if any, and will take all necessary precautionary measures, if any, such as emergency stop and immobilization of the vehicle.
 

If the renter notices a defect or fault in the vehicle during the rental period that is not apparent when the vehicle is made available, the renter must immediately stop using the vehicle and notify Luxilo, which will decide what action to take. Failing this, he/she will be held responsible for any damage that may occur as a result of using the vehicle in this condition. If repairs are necessary, Luxilo must be given priority. If this is not possible, the renter must request Luxilo's express prior agreement to have the vehicle repaired by a third party. If this is not possible, the cost of the repair will be borne entirely by the renter, except for emergency interventions necessary to preserve the vehicle (for example, in the event of fire). The cost of repairs for which prior approval has been given by Luxilo will be reimbursed provided the invoice is made out in Luxilo's name.
However, repairs, exchanges of parts or supplies resulting from the renter's negligence remain entirely at the renter's expense.
Any transformation or mechanical intervention on the vehicle is forbidden without prior written authorization from Luxilo.

 

ARTICLE 11 - PRICES AND PAYMENT TERMS

All rentals are subject to a rental contract which specifies the rental price and mileage.
 

The Hirer undertakes to pay the following amounts in cash before the vehicle is made available:
The rental price as stated in the rental contract. Any overrun of the rental period and/or mileage package will be invoiced proportionally to the Hirer. The mileage covered corresponds to the difference between the mileage indicated by the odometer when the vehicle is returned and the mileage indicated by the odometer at the time the vehicle was made available by the lessee. The odometer is the one installed on the vehicle by the manufacturer. 

 

Optional items to which the lessee has subscribed in the rental contract, for example if the lessee has requested that the vehicle be delivered to him/her by Luxilo.

AED 12 as environmental tax.
AED 400 for each additional driver mentioned in the rental contract. 

In the event of non-payment of invoices sent in compliance with the provisions of the general terms and conditions, late payment interest at the rate of 12% per annum will be charged until full payment of all sums due. Non-payment of a due invoice automatically entails forfeiture of the payment period for all outstanding invoices. In the event of legal recovery, the lessee will be liable for costs as set out in the law.

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ARTICLE 12 - RESERVATION CANCELLATION - EXTENSION - EARLY RETURN - CANCELLATION ​

The hirer has 14 days to retract and cancel his subscription free of charge. The amount of the subscription fee will be reimbursed if no consumption has yet been made with the subscription. Once this period and these conditions have elapsed, the following provisions apply. 

 

Cancellation of a reservation by the tenant must be made at least 7 days before the rental start date. The deposit and security deposit will be returned. If the aforementioned cancellation deadline is not respected, only the deposit will be returned and the deposit paid will be retained by Luxilo.
 

If the tenant wishes to extend the initial rental period, he/she must make a request to Luxilo at least 24 hours before the end of the initial rental period. This extension must be accepted in advance and in writing by Luxilo. In the event of agreement, the contract will be extended for the period agreed between the parties, subject to payment of the rental price for the extended period and any sums due under
under article 7 of these terms and conditions. Luxilo also has the right to require the renter to visit the renter's premises in order to have the vehicle inspected by one of its agents. All provisions of these terms and conditions apply to this extension.

If the rental is extended without Luxilo's authorization, Luxilo is entitled to file a complaint and the renter is liable to criminal and civil prosecution. The renter will also be liable for a daily indemnity corresponding to Luxilo's current daily rental rate until the vehicle is returned. This daily indemnity will be increased by an unemployment indemnity of AED 2,000 minimum, intended to compensate for the immobilization of the vehicle.

In this case, Luxilo is also authorized to take back the vehicle where it is, at the renter's expense.
Likewise, Luxilo is entitled to demand the return of the vehicle at any time during the rental period or to take back the vehicle from its location if it suspects the renter of illegal, non-contractual or improper use of the vehicle. In this case, Luxilo is not liable for any damage or costs resulting from the return of the vehicle, including loss or damage to objects in the vehicle.
 

If the vehicle is returned before the date specified in the rental contract, no refund will be made.
Luxilo reserves the right to terminate the rental contract, ipso jure and without formal notice, in the event that the Renter fails to comply fully and completely with these terms and conditions. 

The Renter agrees to pay the following amounts in cash upon return of the vehicle or at the latest on the due date indicated on the invoice: 

•  The amount of any damage to the vehicle not covered by insurance;

• The costs of removal, towing and repatriation of the vehicle, which in all circumstances remain the responsibility of the lessee;

• Compensation provided for in these general terms and conditions, particularly in the event of the vehicle being returned without a full tank of fuel, or in the event of the loss of official documents or the vehicle's equipment;

• The rate charged by the vehicle manufacturer for the replacement of keys or spare wheel;

• The cost of exceeding the mileage allowance;

• Any other amount that Luxilo is entitled to demand from the Renter on the basis of the rental contract and these general terms and conditions.

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When reserving the vehicle, the renter agrees to pay Luxilo :

- A deposit of 50% of the rental price or any other amount agreed with Luxilo;
- A deposit, the amount of which varies according to the type of vehicle.
The renter expressly authorizes Luxilo to deduct from the deposit any amount due under these terms and conditions, particularly in the event of exceeding the mileage allowance or if the vehicle is returned without a full tank of fuel.
If the renter is found to have driven the vehicle at excessive speed, the deposit will not be returned. This amount is intended to compensate Luxilo for any loss suffered as a result of the vehicle's improper use.
If, at the end of the rental period, the vehicle is returned undamaged and all contractual obligations have been fulfilled, the deposit will be returned to the renter.
If the damage cannot be immediately assessed, or if the hirer's responsibilities in an accident have not been established, the amount of the deposit will be provisionally withheld until these have been definitively established.

 

All invoices sent to the lessee must be paid in cash on the due date. Any invoice not contested within 15 days of dispatch will be deemed to have been accepted by the hirer. In the event of non-payment by the due date, the invoice will be automatically increased, without prior notice, by a fixed indemnity equal to 15% of the invoice amount, with a minimum amount of AED 500. The invoice will also be automatically increased by late payment interest.
In this case, Luxilo may demand the return of the vehicle or repossess it where it is, at the expense of the hirer.

 

ARTICLE 13 - RENTAL PERIOD AND RETURN OF THE VEHICLE

The rental contract has a fixed duration. The rental contract states the date and time of the start and end of the rental period. The vehicle remains in the custody of the Hirer until it is returned.
The Hirer undertakes to return the vehicle at the location and on the date and time specified in the rental contract, in the condition in which it was received and with full equipment. 

 

Within 3 working days following the return of the vehicle by the lessee, the lessor will draw up a joint inventory of the vehicle in order to identify any apparent bodywork or mechanical damage, or the absence thereof, without prejudice to Luxilo's right to subsequently carry out a more thorough examination of the vehicle and to hold the lessee liable.
In the event of loss of vehicle keys, equipment or official documents during the rental period, the renter will be required to pay compensation proportional to the loss suffered by Luxilo of at least AED 1,200. 

If the vehicle is not returned in a clean condition, Luxilo will charge a cleaning fee of AED 300.
 

The vehicle is returned with a full tank of fuel at the renter's expense. Failing this, Luxilo reserves the right to invoice for a full tank of fuel plus a lump sum of AED 320. If it appears that the tank has been filled by the renter with the wrong fuel, the renter will be required to reimburse the costs of cleaning and repairing the tank and the vehicle's engine. 

Any damage of any kind whatsoever and any costs incurred in repairing the damage will be borne entirely by the lessee.
 

If the renter fails to return the vehicle at the date and time specified in the rental contract, Luxilo is entitled to file a complaint and the renter is liable to criminal and civil prosecution. The renter will also be liable for a daily fee corresponding to the daily rental price in effect on the Luxilo website until the vehicle is returned. In this case, Luxilo is also authorized to take back the vehicle where it is, and at the expense of the renter.
Luxilo is not responsible for any loss or damage to any property or valuables carried or abandoned by the renter or any other person, in or on the vehicle, during the rental period or after the vehicle has been returned.

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ARTICLE 14 - CLAIMS

In the event of an accident, the renter must immediately notify Luxilo in writing. The hirer is obliged to gather in writing all useful information on the circumstances of the accident, the persons and vehicles involved in the accident and the witnesses, to fill in the accident declaration form, and to notify the police so that a report can be drawn up. The renter undertakes to send Luxilo, by e-mail or post, the information gathered, the accident declaration duly completed and signed, and the police report as soon as possible. The hirer undertakes not to deal or compromise with third parties in connection with the damage caused by the accident or its aftermath. The renter further undertakes to ensure the safety and security of the vehicle at all times and to return it to Luxilo as soon as possible. In the event of failure to comply with these instructions, the costs of the accident will be borne entirely by the lessee, unless the vehicle is insured.
if the insurance does not intervene.
In the event of theft of the vehicle, the renter must immediately notify Luxilo and have the theft reported by the police. The renter must forward the report to Luxilo as soon as possible.

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ARTICLE 15 - INSURANCE

All vehicles provided by Luxilo are insured. The renter and the contractually designated driver agree to participate as insured parties in the insurance policy and agree to the contents of the policy.
If the vehicle is driven by a Gers under the terms of the rental contract, insurance cover will lapse. 

The vehicle is only insured for the period specified in the rental contract. Upon expiry of the said period and without extension of the contract granted by Luxilo, the hirer will be jointly and severally liable, in accordance with the provisions of the general terms and conditions, for all financial and other consequences, and for any loss that may occur to the vehicle, including theft of or damage to the vehicle. If, at the end of the extension period of the original rental contract, the vehicle has not been returned on time, on the agreed due date, the lessee will be fully liable for any loss to which the vehicle may be exposed, including theft, accidents or damage. Likewise, any damage caused to the vehicle after the rental period approved by Luxilo will remain entirely the responsibility of the renter.

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ARTICLE 16 - VEHICLE GEOLOCATION

Luxilo has installed electronic devices in all vehicles to monitor the condition, operation and use of the vehicle and/or to track the location and movement of the vehicle at all times. This information may be used by Luxilo during and after the rental period for purposes of vehicle preservation, crime prevention and detection, and evidence. By accepting these terms and conditions, the Renter expressly acknowledges having accepted the use of these electronic devices. 

In the event of non-return of the vehicle on the date stipulated in the rental contract, Luxilo may remotely block the vehicle.

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ARTICLE 17 - FINAL PROVISIONS

The rental agreement is subject to UAE law. Any dispute relating to its interpretation or performance shall be subject to the exclusive jurisdiction of the UAE courts. Should one or more clauses of these general terms and conditions be declared null and void or invalid, this fact shall not affect the existence or validity of the other clauses of this contract. These remain fully applicable. In such a case, Luxilo has the right to replace the inapplicable clause by another provision valid in law and of similar scope.