Insurance terms and conditions

Within the context of this document, we have assigned the following meanings to the terms and expressions listed:

Accident: A sudden, involuntary or unforeseen event.

Accident notification: Refers to a comprehensive declaration that relates all of the facts relative to an accident or an incident as they happened (for example, how the incident occurred, the nature of the damage caused to the vehicle, the location at which the incident took place, the dates and the circumstances under which this occurred and the details of the third party/parties involved and of any potential witnesses if applicable).

Damage to the environment and/or pollution: Accidental damage to the environment resulting from the emission, dispersion, discharge or depositing of any solid, liquid or gaseous substance distributed via the atmosphere, soil or water, the generation of odours, vibrations, variations in temperature, waves, radiation, rays that exceed levels normally tolerable to neighbours, whereby the occurrence is concurrent with the sudden and unforeseen event that caused it, and does not take place slowly or gradually.

Authorised driver: Any person authorised under the rental contract.

Forfeiture: Loss of cover in the case of the failure on the part of the Lessee to respect his contractual obligations.

Personal injury: Any physical injury suffered by a physical person.

Immaterial damage: Any damage other than physical or material, such as the deprivation of the enjoyment of a right, interruption to a service rendered by a person or by means of an asset or the loss of a benefit. These are classified as:

• consequential, if they are the direct result of the covered personal injury or material damage,
• non-consequential, if they do not result from covered personal injury or material damage, or if they arise in the absence of any personal injury or material damage.

Material damage: Any deterioration or destruction of an object or substance, ay physical harm caused to animals.

Explosion : The sudden and violent action resulting from the pressurisation or depressurisation of gas steam.

Excess: The sum for which the Lessee, in any event, remains liable.

Fire: Combustion with flames, outside of a normal fireplace.

Loss:

• In the case of personal liability cover: Any damage or all collective damage caused to third parties for which the Lessee is liable, resulting from a harmful event and giving rise to one or more claims. The harmful event is the event that causes the damage. A series of harmful events with the same technical cause are grouped together in a single harmful event.
• For other cover: The occurrence of an event that may result in the cover being granted under the contract.

Storms, hurricanes, cyclones: Tempêtes, ouragans, cyclones : Direct action of the wind or the impact of an object overturned or thrown by the wind, when the respective incident has such a force that it destroys, breaks or damages vehicles or a certain number of buildings of sound construction, tress or other objects within the risk area that suffered the damage or in the neighbouring areas, or if it is established that the speed of the wind at the time of the accident exceeded 100 Km/h.

Attempted theft: Commencement of the commitment of theft, characterised by the coming together of sufficiently precise and concordant indicators confirming the intention of the thieves. These indicators consist in particular of material traces left on the vehicle.

Vandalism: Damage caused intentionally by a third party, with no motive other than the intention to destruct or spoil.

Vehicules: Vehicle that is the subject of the rental contract. The definition refers to the vehicle itself, including its original optional extras, replacement parts listed in the manufacturer’s catalogue and its non-standard accessories.

Theft: Fraudulent removal as defined under criminal law.

All vehicles rented out by Virtuo are covered by:

• Personal Liability Cover compliant with the regulation in force concerning the liability of the Lessee with regard to damage caused to third parties.
• Theft, Fire and Damage Cover for all accidents, covering the rental vehicle.
• Personal Cover for drivers/passengers covering the drivers and passengers

This cover applies within the limits (amounts and excesses) specified in the rental contract.

The cover provided under your contract applies in mainland France, in the French departments and overseas territories, in the member countries of the European Union, the states of the Vatican, San Marino, Monaco, Liechtenstein, Andorra, and in all of the countries in which the International Insurance Card referred to as the “Green Card” is valid (other than those countries already mentioned), Exceptional cases

• Cover for damages resulting from “Natural Disasters” only applies in mainland France, in the French overseas departments, the territory of Wallis and Futuna and the territorial units of Saint Pierre and Miquelon.
• Cover for damage resulting from attacks and acts of terrorism only applies within the French national territory.

It is hereby pointed out that the purpose of this contract is not to provide cover for vehicles that are in permanent use abroad.

The following are not covered:

• Damage resulting from an intentional act on the part of the Lessee or the authorised driver,
• Fines and the associated fees,
• Damage caused by civil or foreign war,
• Damage or the worsening of damage caused by weapons or devices intended to explode by means of the modification of the nucleus of the atom or by means of any nuclear fuel, radioactive product or waste, or by any other source of ionising radiation, and that falls under the exclusive liability of a nuclear facility operator.
• Damage caused by a vehicle transporting sources of ionising radiation intended for use outside of the nuclear facility, if these sources caused or worsened the damage.
• Damage caused if, at the moment the accident occurred, the vehicle driver is not of the required age or does not hold a valid driving licence (suspended, expired, cancelled or invalid)

In any case, even if these conditions are not fulfilled, you remain covered in the event of theft, violence or the unwitting use of the vehicle.

• Damage incurred during testing, courses or sporting competitions (or associated trials) subject to the prior authorisation of the public authorities under the regulations in force, whereby the Lessee is participating as a competitor, organiser or an employee of either of the two.
• Damages incurred while the vehicle is transporting flammable, explosive, corrosive or combustible materials, which would have caused or exacerbated the accident. However, the transportation of oils, mineral spirits or similar products is acceptable, provided the load does not exceed 500 kg or 600 litres (including the delivery of liquid or gaseous fuel required for the motor), as is the transportation of gas within a 70 kg limit.
• Damage resulting from harm to the environment and/or pollution whereby this does not result from a traffic accident in which the vehicle is involved.

5.1. Cover

You are granted personal liability cover for personal injury, material and immaterial damage caused to others as the result of an accident, a fire or an explosion in which the vehicle, its accessories and equipment or the objects and substances it is transporting are involved, or in the case of a crash, the materials that are thrown or deposited on the road.

5.2. Exclusions

In addition to the exclusions specified in Article 2, the following are not covered:

• Injuries suffered by the driver of the vehicle,
• Injuries suffered by the perpetrators, co-perpetrators or accomplices to the theft of the vehicle,
• Damage to the goods and objects transported by the vehicle, except damage to the clothing worn by injured passengers, if their damage is an accessory to the personal injury.
• Damage caused to buildings, objects or animals, rented by or in any way attributable to the driver of the vehicle. However, we do cover any liability on the part of the driver on account of fire or explosion damage caused to the building in which the vehicle is parked.
• Damage caused to the Lessee assets.
• Damage caused to a vehicle and, in the case of the towing of another vehicle, damage caused to this other vehicle.
• Injury caused to persons who are not transported in sufficiently safe conditions as defined in Articles R 211-10 and A 211-3 of the French Insurance Code.

6.1. Cover

You are covered for damage caused to the Vehicle and resulting from:

• A fire (even resulting from spontaneous combustion) or an explosion, including if it results from acts of vandalism or sabotage, riots or civil disturbances,
• Lightning strike,
• Storms, hurricanes or cyclones, provided these events are not classified as natural disasters in accordance with the provisions of article L 122-7 of the French Insurance Code,

Water damage to the interior of the vehicle is also covered provided it arises within the 48 hours following the initial damage caused by the wind to the structure of the vehicle in question.

You are also covered for:

• Damage resulting from the electronic or electrical devices, caused by simple combustion without flash-over,
• Fees incurred for extinguishing and rescue in the case of a fire or the beginning of a fire in the vehicle or a third-party vehicle.

6.2. Exclusions:

In addition to the exclusions specified in Article 2, the following are not covered:

• Burns caused by smokers and those caused by excess heat without flash-over (unless the latter result from a fire affecting an asset other than the vehicle or its contents),
• Explosions caused by dynamite or a similar explosive transported within the vehicle,
• Damage due to wear, due to damage to the electronic or electrical devices or to the simple mechanical function,
• Damage to the lights, fuses, electrical tubing, semi-conductor cells,
• Damage of any kind to content transported within the vehicle,
• Objects made of gold or precious metals, works of art ad collectible pieces, jewellery, furs, silverware, cash, stamps and securities,
• Indirect damage, such as loss of use, loss of earnings, depreciation of the value of the vehicle

7.1. Cover

You are covered in the case of damage resulting from the disappearance, destruction or the deterioration of the vehicle (including if this damage is the result of acts of sabotage, rioting or civil disturbance) following:

• The theft or attempted theft of the vehicle,
• The theft or attempted theft of the elements that make up the vehicle, if they are removed, destroyed or damaged at the same time or in isolation, but after, the breaking into the vehicle, the use of false keys or an act of violence, murder, attempted murder or threats committed against you or one of your acquaintances. The theft of the wheels and the tyres on which the vehicle rests is also covered. Compensation is granted on the basis of the cost of identical wheels. A quotation regarding the damage to the tyres will always be issued by an expert.
• Acts of vandalism caused to the vehicle, committed during the theft or attempted theft of the vehicle, or to one of its components or accessories.

7.2. Exclusions

In addition to the exclusions specified in Article 2, the following are not covered:

• Theft committed by members of the Lessee’s family, by the driver or by any person in possession of the vehicle living under their roof, and theft committed with their complicity,
• Theft of content of any kind transported in the vehicle,
• Damage caused to covers covering the vehicle following the theft or attempted theft of content of any kind transport6ed in the vehicle,
• Objects made of gold or precious metals, works of art ad collectible pieces, jewellery, furs, silverware, cash, stamps and securities,
• Indirect damage, such as loss of use, loss of earnings, depreciation of the value of the vehicle.

8.1. Cover

You are covered in the case of the breakage of the windows and components made of glass or organic glass (a transparent plastic material used as a substitute for glass) whatever the cause:

• To the windshield, side windows, the rear window, including their settings, advertising images, lettering,
• To the headlight optical units located at the front of the vehicle, whether integrated into the bodywork or otherwise,
• To the glass of the rear-view mirrors,
• To the sunroof.

8.2. Exclusions

In addition to the exclusions specified in Article 2, the following are not covered:

• Break-down, towing or garage fees,
• The breakage of the rear-view mirrors themselves,
• Damage to a non-opening glass roof,
• Indirect damage, such as loss of use, loss of earnings, depreciation of the value of the vehicle

9.1. Cover

You are covered in the case of damage to the vehicle, resulting from:

• A collision with one or more other vehicles,
• Impact with a fixed or mobile object (tree, wall, pedestrian, animal...) that is separate from the vehicle,
• The flipping of the vehicle,
• Transport by land, river, canal or lake (even in the case of a malicious act by a third party) by sea or air between two countries in which the cover is valid,
• Acts of vandalism, provided that a complaint has been lodged with the police authorities, including whereby these events are the result of acts of sabotage, rioting or civil disturbances,
• Forces of nature, that is: hail stones, snow falling from rooftops, landslides or subsidence, avalanches or flooding, provided that these events are not classified as natural disasters,
• Loading and unloading operations.

9.2. Exclusions

In addition to the exclusions specified in Article 2, the following are not covered:

• Damage to the vehicle if, at the time of the accident, the driver:
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• Damage caused directly by poor maintenance, characterised by wear or a defect in the vehicle, that is known to you,
• Indirect damage, such as loss of use, loss of earnings, depreciation of the value of the vehicle,
• Damage caused to the vehicles by animals, goods and transported objects,
• Damage of any kind to content transported within the vehicle,
• Objects made of gold or precious metals, works of art ad collectible pieces, jewellery, furs, silverware, cash, stamps and securities,
• Damage limited to the tyres.

You are covered for direct material damage to the vehicle for which the determining cause is an abnormal level of a natural agent, whereby the standard measures to be take have not managed to prevent the damage occurring or have not been taken.

The cover can only be enforced following the publication of an Interministerial Decree being published in the Official Journal of the French Republic (Journal Officiel de la République Française) confirming the natural disaster.

The insured party shall retain liability for a proportion of the compensation due following the accident and is prohibited from taking out insurance to cover the portion of the risk represented by this excess.

The cover provided under the contract extends to the repair of direct material damage to this vehicle and caused by an attack or an act of terrorism as defined under articles L 421-1 and L 421-2 of the French Penal Code.