Dec 3, 2022 12:35
1 yr ago
45 viewers *
French term

durée réelle de conservation du Véhicule

French to English Bus/Financial Business/Commerce (general) Vehicle rental contract
Part of the t&cs for long-term vehicle leasing:

De convention expresse entre les Parties, lorsqu'un kilométrage parcouru est supérieur de 15% au kilométrage contractuel moyen calculé au prorata temporis ou lorsque la **durée réelle de conservation du Véhicule** est supérieure à la durée contractuelle de plus de six (6) mois est considéré comme une modification de l'économie du Contrat de Location et emportera de plein droit la modification corrélativement du Loyer du Véhicule qui fera l'objet d'une notification de modification du Contrat de Location par le Loueur auprès du Locataire.

Is this "actual period over which the vehicle has been kept"
or something like its "shelf life"?

My attempt at the whole para:

By express agreement between the Parties, where kilometrage travelled is greater than 15% of the average contractual kilometrage calculated pro rata temporis or where the **xxxxxxx** of the Vehicle is greater than the contractual term by more than six (6) months, this is deemed to have a financial impact on the Rental Contract and will automatically entail a consequent revision of the Lease Payment for the Vehicle which will be the subject of a notice of amendment of the Rental Contract by the Rental Company to the Hirer.

Discussion

philgoddard Dec 4, 2022:
I always say mileage rather than 'kilometrage'. Mileage here means distance travelled, and the unit of measurement isn't relevant.
Emmanuella Dec 3, 2022:
Mpoma,
1) ' ceci' n'est pas indispensable
2) est/ emportera - les temps sont corrects
3) j'aurais utilisé 'entraînera' et non 'emportera' je vous le concède.

http://lettres.clg.free.fr/?Valeurs-du-futur
Mpoma Dec 3, 2022:
@Bourth Yes, it has to be "...six (6) mois, *ceci* est..." at the very least.

Also est is present, but emportera future.

So pretty poor for a contract.
ph-b (X) Dec 3, 2022:
durée réelle de conservation "The actual length of time during which the vehicle was kept, owned, rented or used." Rien à voir avec le jambon.
Emmanuella Dec 3, 2022:
@ Bourth
Please read the translation to understand what is meant: where ...or where.
Mpoma Dec 3, 2022:
Agree with Cyril ... again, the context seems to make this virtually unambiguous. Conservation just means "keeping", doesn't it, in the absence of any other indication that this vehicle must only be kept in its jar of aspic until such-and-such?
Bourth Dec 3, 2022:
Poorly written French or omission? WHAT 'est considéré comme une modification'? Two 'lorsque's doth not a subject make.
Cyril Tollari Dec 3, 2022:
The first option makes more sense.

Proposed translations

+3
1 day 12 hrs
Selected

time during which the vehicle is held

Poyssonally I would say something along these lines:

By express agreement [between the Parties], A MILEAGE greater than 15% of the average contractual MILEAGE calculated pro rata temporis or A TIME DURING WHICH THE VEHICLE IS HELD THAT IS MORE THAN SIX (6) MONTHS LONGER than the contractual term [is/] shall be deemed to have a financial...

For the phrase in question, however, if you want validated actual usage, there is this:
"If the lessee does not return the vehicle or its key(s) to Sixt after expiry of the maximum agreed rental term (see section A point 1), either culpably or not, Sixt shall be entitled to demand payment in the amount of at least the previously agreed rental rate as compensation for use of the vehicle FOR THE PERIOD FOR WHICH THE VEHICLE IS DETAINED"
[General Terms and Conditions of Rental for SIXT share (Terms and Conditions)
https://sx-content-labs.sixt.io/Media/9share-pages-media/202...

Or this: "Rental Period’ means the hire period referred to on the Rental Agreement or any agreed variation thereof and any additional PERIOD DURING WHICH THE VEHICLE IS IN THE CUSTOMER’S POSSESSION OR CONTROL"
https://imjmotorhomes.co.uk/full-terms-and-conditions/

Peer comment(s):

agree Tony M
9 hrs
agree Steve Robbie : Clearly correct - and the Sixt example clarifies why it's mentioned in the first place.
10 hrs
neutral philgoddard : I think you've made the sentence way more complicated than it needs to be, and hard to follow.
14 hrs
agree ph-b (X)
15 hrs
Something went wrong...
4 KudoZ points awarded for this answer.
-2
1 hr

actual rental of this vehicle

... or the actual rental of this vehicle is in excess of its contractually stipulated duration by more than 6 months ...

... or the actual rental of this vehicle exceeds its contractually stipulated duration by more than 6 months ...

Terms and conditions - Goldcar hire a car
https://www.goldcar.es › ...
The return of the vehicle more than 59 minutes over the stated end time of the rental contract will generate a charge of € 40.00 per day plus an extra ...
Peer comment(s):

disagree Mpoma : Er, no, sorry: you have to have "period" or "term" or something in there somewhere.
42 mins
neutral philgoddard : I think this is OK, and you don't need 'period' or 'term', but it's too much of a mouthful.
22 hrs
disagree Tony M : I agree with Mpoma: you do need to specify the time/duration element here.
1 day 19 hrs
Something went wrong...
-1
2 hrs

the actual duration of vehicle retention

or '[...] of retaining the vehicle'
Peer comment(s):

agree Adrian MM. : ...is actually kept in or out of fleet rental. BTW, calculé pro rata temporis = (again means) calculated on a a time-apportioned basis.// Don't worry about the unprofessional, tactical vote against your answer.
7 hrs
Thanks.
disagree Andrew Bramhall : unidiomatic sadly;// disagree based purely on linguistic merits, (or rather in this case, lack of them)
8 hrs
disagree Tony M : I wouldn't favour the use of 'retention' in this instance; although it is used in formal legal documents, I think in everyday language, it has too many other connotations to be idiomatic here.
1 day 18 hrs
Something went wrong...
-1
3 hrs

Actual duration of the lease

Actual duration of the lease versus the contractual duration of the lease?
Peer comment(s):

agree Andrew Bramhall : Your comments under the disagree below are perfectly valid and correct.
6 hrs
disagree Adrian MM. : > 'la durée réelle de conservation du Véhicule est *supérieure à la durée contractuelle* de plus de six (6) mois..': this patently envisages the vehicle(s) being kept beyond the lease term (rental or hire period).
19 hrs
That's right, therefore the actual duration of the lease is longer than the contractual one.
disagree Tony M : I agree with Adrian: you would in effect be saying 'where the lease is longer than the lease'
1 day 18 hrs
Something went wrong...
-1
9 hrs
French term (edited): durée réelle de conservation du Véhicule

actual Vehicle usage period

I think "usage" is a more natural choice in English in this field...

“[…] ou lorsque la durée réelle de conservation du Véhicule est supérieure à la durée contractuelle de plus de six (6) mois […]”

“[…] or if the actual Vehicle usage period exceeds the period specified in the contract by more than six (6) months […]“
Example sentence:

“[…] ou lorsque la <b>durée réelle de conservation du Véhicule</b> est supérieure à la durée contractuelle de plus de six (6) mois […]”

“[…] or if the <b>actual Vehicle usage period</b> exceeds the period specified in the contract by more than six (6) months […]“

Peer comment(s):

disagree Adrian MM. : the Vehicle might be kept in possession without being used.//Possession doesn't equal ownership, even though a sub-lessor might be labelled 'owner' (UK HP legislation). Besides, the vehicle fleet could be laid up in a car pound, So impossible to 'use'.
14 mins
I toyed with "possession" a lot, but based on research went with "usage", regardless of this possibility / "Possession" also carries strong notions of "ownership", which is not the case here
agree Andrew Bramhall : Whether actually in use or how often or not in use is irrelevant to lease terms.
1 hr
My thoughts exactly! Thanks, Andrew.
disagree Tony M : I agree with Adrian: the length of time it is held is not by any means necessarily the length of time it is being used; hence the use of 'conservation' in FR rather than say 'utilisation'.
1 day 11 hrs
Something went wrong...
-1
15 hrs

actual duration of vehicle holdership

Hello

I think it's the time you have the vehicle in your possession but "possessorship" does not work as you are not the owner."Tenure" might work too but as it's normally only used for jobs or land, people might object
Note from asker:
can't say I like "holdership"
Peer comment(s):

neutral Adrian MM. : No refs. cited for holdership + possession does not equal ownership : https://www.toppr.com/guides/legal-aptitude/jurisprudence/di... Also, a sub-lessor in UK hire purchase might be described as the owner vs. hirer.
6 hrs
disagree Tony M : I don't think 'holdership' is usable in current EN usage.
1 day 6 hrs
Okay but you voted for an answer with the verb "hold" so I wasn't far off from what you liked.
Something went wrong...
+1
1 day 21 mins

the vehicle is retained

...for more than six months longer than the contractual term.

I don't think you need to translate "réelle".
Peer comment(s):

agree Steve Robbie : Of course
22 hrs
Something went wrong...
+3
1 day 22 hrs

The actual length of time the vehicle is in their possession

Plenty ideas here but this might nail it
Peer comment(s):

agree Tony M
22 mins
agree ph-b (X)
4 hrs
agree Conor McAuley
2 days 4 hrs
Something went wrong...
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