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Car rental: can a clause presume that there are no defects?

Published on : 24/02/2026 24 February Feb 02 2026

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A consumer entered into a vehicle rental agreement with a professional. The agreement contained a clause whereby the renter acknowledged that the vehicle was in a satisfactory condition, thereby establishing a presumption that there were no defects at the time of delivery; any reservations had to be made at the time of collection, with no distinction between apparent defects and hidden defects.

Following a breakdown that led to the vehicle being returned, the consumer sought the termination of the contract, the annulment of the clause and compensation.

The Court of Appeal dismissed these claims, ruling that the clause is not abusive since it invites the consumer to inspect the vehicle upon handover and does not prevent them from subsequently identifying a lack of conformity.

The Court of Cassation criticised this analysis. The clause treats the vehicle as compliant upon delivery, without taking into account the fact that certain defects cannot be detected immediately, which results in the consumer bearing the consequences of problems of which they could not have been aware at the time of delivery. It concluded that this clause reduces the consumer’s right to compensation and may prevent the termination of the contract in the event of a breach by the trader. The Court concluded that the clause fell within the scope of Articles R.212-1(6) and (7) of the Consumer Code and was to be deemed null and void.

17 décembre 2025, Cour de cassation, Pourvoi n° 24-11.295

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