1. Scope
These General Terms and Conditions of Rental govern every vehicle rental concluded between Dark Rent Sàrl (hereinafter the “Lessor”) and the customer (hereinafter the “Renter”).
Signing the rental agreement constitutes full and unreserved acceptance of these General Terms and Conditions, the Special Contractual Provisions, the Price Schedule and any attached documents.
2. Eligibility requirements
The Renter and every authorised driver must:
- Be at least 18 years old
- Hold a valid driving licence for at least 12 months
- Present a valid official identity document
- Provide any information requested by the Lessor
The Lessor reserves the right to refuse a rental without having to give reasons for its decision.
Any false declaration entitles the Lessor to terminate the contract immediately without a refund.
3. Authorised drivers
Only persons expressly named in the rental agreement are authorised to drive the vehicle.
Contractual penalty and liability
Driving by an undeclared person constitutes a serious breach of contract and results in:
- A contractual penalty of CHF 2,000
- The removal of any limitation of liability
- Full invoicing of the loss or damage incurred
4. Vehicle handover
The vehicle is handed over in apparently perfect working condition.
The Renter acknowledges having carried out all necessary checks before departure.
Time-stamped photographs and/or videos provided by Dark Rent Sàrl constitute evidence of the vehicle's condition at handover.
Any defect not reported before the vehicle leaves is deemed not to have existed at handover.
5. Use of the vehicle
The Renter undertakes to use the vehicle:
- In accordance with applicable Swiss and foreign laws
- With care and diligence
- In accordance with the manufacturer's recommendations
The following activities are strictly prohibited in particular:
- Participation in any race or rally
- Use on a racing circuit
- Drifting
- Burnouts
- Repeated standing starts (Launch Control)
- Transporting illegal goods
- Towing
- Driving instruction
- Subletting or lending the vehicle to a third party
- Undeclared commercial use
6. GPS tracking
All vehicles are equipped with a GPS system.
The Renter expressly accepts:
- Real-time geolocation
- Recording of journeys
- Analysis of driving behaviour
In the event of a breach of contract or risk to the vehicle, Dark Rent Sàrl may:
- Locate the vehicle
- Immobilise it
- Arrange its recovery
All related costs shall be borne by the Renter.
The Renter acknowledges that the vehicle may record technical, mechanical, electronic, geolocation and driving data. Dark Rent Sàrl may use this data in cases of absolute necessity, accident or claim, dispute, offence, breach of contract, or at the request of the competent authorities.
7. Permitted geographical areas
The Renter undertakes to inform the Lessor of the regions in which the vehicle is intended to be driven.
Undeclared travel
Any travel in an undeclared or prohibited area may result in:
- Immediate termination of the contract
- A penalty of CHF 2,000
- Recovery of the vehicle
- Invoicing of the corresponding costs
8. Insurance and liability
The vehicles are insured in accordance with the Lessor's insurance policy.
The applicable insurance excess is specified in the rental agreement.
The Renter remains responsible for:
- Any applicable insurance excess
- Costs not covered by insurance
- Any reduction or refusal of insurance cover
- Any claims made by the insurer against the Renter
Serious misconduct and speeding
In the event of serious or intentional misconduct, the Renter is liable for the full amount of the damage without any monetary limit.
Any speeding offence classified as serious under Swiss or foreign law, as well as any excess of more than 30 km/h above the permitted speed limit, constitutes serious misconduct and removes any contractual limitation of liability.
The Renter is solely responsible for all tolls, parking charges, impoundment, storage, vehicle recovery, temporary road taxes and any other costs related to use of the vehicle during the rental period.
9. Accident, theft or breakdown
Any accident, theft, attempted theft or breakdown must be reported immediately to Dark Rent Sàrl.
The Renter must:
- Contact the competent authorities
- Complete the necessary accident reports
- Provide all relevant documents
No repairs may be carried out without prior written authorisation.
10. Maintenance and wear
The Renter must regularly check:
- Fuel
- Tyre pressure
- Warning lights
- Fluid levels required for normal use
Any abnormal wear, damage or negligence will be charged.
Duty to stop immediately when a critical warning light appears
The Renter undertakes to stop using the vehicle immediately and notify Dark Rent Sàrl without delay if an engine, oil-pressure, temperature or any other critical warning light appears. The Renter shall bear the full cost of any damage resulting from continued use of the vehicle despite such a warning.
11. Payment
The full rental price must be paid before the vehicle is handed over.
No refund is due if the vehicle is returned early.
Any delay in payment results in:
- Interest at 5% per annum
- Administrative fees of CHF 50
- Debt collection costs
12. Security deposit
The Lessor may require a security deposit.
In particular, the deposit secures:
- Insurance excesses
- Damage
- Fines
- Administrative fees
- Delays
- Missing fuel
- Contractual penalties
Dark Rent Sàrl may directly set off any amount owed against the deposit.
The Renter irrevocably authorises Dark Rent Sàrl to retain, set off or deduct all or part of the security deposit to cover any claim arising directly or indirectly from this contract.
13. Cancellation
The advance payment made at the time of booking remains with Dark Rent Sàrl.
The outstanding balance is payable as follows:
| Time before rental | Cancellation charge |
|---|---|
| More than 7 days | No additional charge |
| 7 days to 48 hours | 50% of the outstanding balance due |
| Less than 48 hours / No-show | 100% of the total amount due |
14. Return of the vehicle
The vehicle must be returned:
- On the agreed date
- At the agreed time
- At the agreed location
- With the agreed fuel level
Any delay, damage or failure to comply will be charged in accordance with the rental agreement and the Price Schedule.
The Renter undertakes to be present at the return inspection. If absent, Dark Rent Sàrl may inspect the vehicle without the Renter.
Time-stamped photographs and/or videos taken at return constitute evidence and may be relied upon against the Renter.
Loss, theft or damage to a key, access card, badge or any starting device will be charged at the actual cost of replacement, programming, transport and vehicle downtime.
15. Immediate termination
Dark Rent Sàrl may terminate the contract immediately without refund, in particular in cases of:
- False declarations
- Prohibited use
- Dangerous driving
- Serious speeding offences
- Driving under the influence of alcohol or drugs
- Undeclared drivers
- Travel in a prohibited area
- Suspected theft or misappropriation of the vehicle
16. Damage and loss of business
The Renter is liable for any damage sustained by the vehicle.
Dark Rent Sàrl may claim, in particular:
- Repair costs
- Expert assessment fees
- Administrative costs
- Loss of vehicle value
- Financing costs
- Loss of business
- Legal costs
- Recovery costs
The Price Schedule establishes minimum charges and does not limit the Lessor's right to claim a higher amount corresponding to the loss actually suffered.
17. Acknowledgement of debt
The Renter expressly acknowledges that any sum due under the rental agreement, these General Terms and Conditions, the Special Contractual Provisions or the Price Schedule constitutes a due and payable debt.
Signing the rental agreement constitutes an acknowledgement of debt within the meaning of Article 82 of the Swiss Federal Act on Debt Enforcement and Bankruptcy (SchKG/LP).
18. Applicable law and jurisdiction
These General Terms and Conditions are governed by Swiss law.
Subject to applicable mandatory provisions, all disputes fall within the exclusive jurisdiction of the courts of the Canton of Geneva.
