Facts
A. S.A., a car rental company, leased a BMW 735 I automobile to S. from April 27 to April 30, 1990. The rental contract included a "CDW" (collision damage waiver) clause allowing the lessee to be exempt from the deductible in case of damage to the vehicle. However, Article 10 of the general rental conditions stipulated that the lessee remained fully responsible in case of negligence or violation of traffic regulations.
On April 28, 1990, while driving under the influence of alcohol, S. lost control of the vehicle and completely destroyed it. A. S.A. then invoiced S. for the amount of 36,168 francs, corresponding to the value of the vehicle before the accident, less the value of the wreckage and the expert fees.
S. refused to pay this amount, which led A. S.A. to take legal action against him. The court of first instance dismissed the claim, but the Court of Justice of the Canton of Geneva ordered S. to pay 7,500 francs to A. S.A., considering that the fault committed by S. should be qualified as gross negligence.
Considerations
The Federal Tribunal first considered that Article 10 of the general conditions of A. S.A. was not enforceable against S., as this clause was written in small print and its existence had not been specifically brought to S.'s attention, who could legitimately believe that he had taken out comprehensive insurance. According to case law, such an unusual clause does not bind an inexperienced contracting party.
Furthermore, the Federal Tribunal considered that even if Article 10 had been brought to S.'s…