The ACDS Sarl Company (ADA Rentals New Caledonia) provides short term commercial car rentals for enterprises and private individuals.
We operate our business with agencies spread out all over New Caledonia that work for the most part with independent franchises. We have at our disposal the following internet site: in New Caledonia, www.ada.nc, whose main goal is to offer its clients the possibility to reserve car rentals with in-advance payment in the terms outlined on the following pages.
The “client” will give his/her name, address, and phone number under the “Identification” heading.
The ADA Company, designates the ACDS Company, SARL, registered at the RCS of Nouméa under the number 98B 532770, whose registered office is on 49 Rue Georges Clémenceau, and is published on the website www.ada.nc
Article 1: Acceptance of the general terms and conditions
All reservations made through an intermediary are subject to the existing terms and conditions on the website and to the ADA’s general rental conditions.
Article 2: Rental rate
2.1. The rental rates apply to online reservations made on the website www.ada.nc and are calculated according to the information given at the time of the reservation. A change in the reservation can change the rental rate.
2.2. The rate of an anticipated payment cannot be combined with a discount or any another promotional offer. Thus, the advantages of the ADA member card or any other commercial agreement are not applicable to internet reservations.
2.3. The rates exclude all additional costs and supplementary options that are not mentioned in the reservation confirmation. These costs and options will need to be paid in addition by the client directly to the ADA Agency.
Article 3: Rental cars
The reservation concerns a certain category of vehicle, but the preferences in the brand and model depend on the availability of the ADA Agency at the time of the rental. The client selects the category but not a specific car. All the presented vehicles on the website are only there to illustrate the selected category.
Article 4: The length of the rental
The length of the rental is mentioned in the reservation confirmation, keeping in mind that keeping the vehicle beyond the expected length will result in additional costs.
Rentals that last more than 14 days for tourism vehicles and more than 5 days for commercial vehicles cannot be made on the website www.ada.nc. For this type of reservation, the client must either send an email, a fax, or call by telephone.
Article 5: Internet reservation period
The reservation requests must be made on the internet at least 48 hours before the rental departure.
Article 6: Rental terms and conditions
6.1. The client must present him/herself to the ADA Agency with the following:
-a reservation confirmation sent by the ADA by email
-his/her driver’s license (The client must have received his or her driver’s license at least one year before the date of the rental) as well the driver’s licenses of any other possible drivers registered on the contract.
-a bank card with the cardholder being the main driver, he/she must have his/her name on the contract in order to establish a deposit.
-his/her identity card as well as those of the other possible drivers registered on the contract.
6.2. The client must sign the rental contract with the local ADA Agency for the rented vehicle.
6.3. The ADA Agencies reserve the right to refuse to rent their cars:
-to any persons who don’t meet the minimum age requirements
-who do not have a valid or recognized driver’s license
-who do not meet the general rental terms and conditions
Article 7: Changes or cancellations
If the client wishes to modify his or her reservation, he or she must first cancel the existing one and then make a new reservation.
The cancellation must be made according to the procedure defined by the ADA and at least 24 hours before the departure date.
After this time period, the reservation amount will not be reimbursed.
If the cancellation takes places:
*7 days before the departure date: there will be a complete refund of the reservation amount minus the refund costs (transfer or other)
*less than 7 days before the departure date: there will be a reimbursement for the reservation with a deduction of 3000 CFP (25.14 euros) plus the costs of the reimbursement (transfer or other)
*less than 24 days before the departure: no reimbursement will be given, the totality of the price will be charged. The ADA Agency reserves the right to cash only 30% of the down payment made by the client.
There is no reimbursement for rentals that are shorter than expected in the rental agreement, if you are late picking up the vehicle, if you come at a different time than scheduled, or if you cancel after the departure date.
Article 8: Refunds
If, for instance, the local ADA Agency cannot honour a client’s reservation, ADA commits to contacting the client themselves by mail or telephone to cancel or come to an agreement with the client concerning the changes in the reservation. In the case of a cancellation, ADA commits to immediately reimbursing the total amount paid for the reservation.
Article 9: Payment
9.1. All orders, no matter where they are made from, are payable in Pacific Francs (CFP) (1 euro=119.33 CFP)
The amount must be automatically paid by credit card according to the payment procedure described at the time of registration. The card number given by the client will be used to pay 30% of the total price at the time of the reservation.
The collection of the client’s credit card information (bank card number, expiration date, visual cryptogram) is used to carry out the transaction and the payment of the rental reservation.
These banking details will be directly communicated to the ADA Agency, but not through the internet reservation request, in order to prevent unauthorized third parties from intercepting, reaching, distorting, or diverting the data for his or her own benefit.
By giving his/her banking details, the client accepts in advance and unconditionally that the ADA Agency of New Caledonia sets about to complete the banking transaction. The client authorizes in advance his/her bank to debit his/her account, in view of the statements or invoices sent by the ADA Agency, even without an invoice signed by the client him/herself.
Article 10: Responsibility
10.1. We remind you that the vehicle rental contract is concluded between the local ADA Agency and the client. If the local ADA Agency is an ADA Franchise, the ADA Sarl company assumes no obligation or responsibility for the carrying out of the vehicle rental.
All damages or disputes that may occur during the drawing up, carrying out, or finalizing of the rental contract must be brought against the local ADA Agency in question.
10.2. Neither the ADA Company nor the local ADA Agency incur responsibility for the losses, damages, or delays resulting from the loss or theft of the reservation confirmation sent by email to the client, and/or the fraudulent use of this document by a third party.
Article 11: Modifications of the general terms and conditions
ADA reserves the right to possibly modify the general terms and conditions concerning the use of offered services in order to adapt to the evolution of the technical, legislative, and offered services.
Article 12: Right to intellectual property
In application of the code of intellectual property, all the elements of the site (formatting, images, texts, logos, data bases, programs, etc…) are the full and entire property of the ADA Company, except the elements (logos notably) provided by a partner.
Article 13: Personal data
A client’s personal data (last name, first name, email address, home address, and telephone number) are collected by the ADA and are destined only for its network and agency in order to carry out the reservations, with respect to the provisions of the Computer and Freedom Law n°78-17 of January 6 1978.
All the information that needs to be entered in order for a customer to make a reservation is identified online with an asterisk.
By making the reservation on the internet, the client gives his/her contentment to ADA to use the data gathered at the time of the order. ADA keeps, for reference purposes, this information for three years after the order in a computer data base, except for the banking data, which is never kept.
Furthermore, the ADA Company can, if the client accepts, use the client’s personal data (but not the banking data) in order to send him/her commercial offers that might interest him/her. By applying the Computer and Freedom Law, the client has at his/her disposal the right to refuse unwanted emails or commercial offers, by checking the appropriate box or by sending a letter to Service Client ADA- 49 Rue G. Clémenceau 98800 Nouméa (NOUVELLE CALEDONIE).
Finally, the ADA Company can, if the client accepts, be led to transmit the client’s personal data (but not the banking data) to commercial partners who may have services that interest the client. By applying the Computer and Freedom Law, the client has at his/her disposal the right to refuse the sharing of his/her data to third parties by checking the appropriate box or by sending a letter to Service Client ADA- 49 Rue G. Clémenceau 98800 Nouméa (NOUVELLE CALEDONIE).
The client has at his/her disposal a right to access, modify, correct, or delete data concerning him/herself (article 34 of the Computer and Freedom Law). To exercise this, the client must go to the ADA 49 Rue G. Clémenceau 98800 Nouméa (NOUVELLE CALEDONIE).
Article 14- Cookies
The client recognizes having been advised of the implantation in his computer of a “cookie” which allows him/her to record useful information for navigating the website (the pages that have been seen or visited, the date and time of the viewing). The client can refuse the recording of all cookies by configuring his browser in the following manner:
*If you navigate using Internet with Internet Explorer 3 or 4 (Microsoft):
Click “display”, “options”, “advanced”. Among different warnings that you can activate, the fourth is entitled “warn before accepting cookies” and only on Internet Explorer 4, the fifth is entitled “always refuse cookies”.
*If you navigate using Internet with Internet Explorer 5 (Microsoft):
Click “tools”, “internet options”, “security”, “personalize the security network”. In the heading “cookies”, choose “ask” or “deactivate” for the two proposed options.
*If you navigate using Internet with Navigator Gold 3 (Netscape):
Click “options”, “network preferences”, “protocol”. Among different warnings that you can activate, the first is entitled “warn before accepting a cookie”. You will from then on be warned when a cookie comes up, and you can refuse to keep it in your navigation software.
*If you navigate using Internet with Communicator (Netscape):
Click “edition”, “preferences”, and put “advanced” in highlighted letters. Choose the desired option.
Article 15: Applicable Law- Jurisdiction
In the case of a dispute or a lawsuit related to the use of the website www.ada.nc, the Courts of Nouméa will be able to help you.