Rent Conditions and Arrangements in the Rental Contract
Based on all conditions and arrangements stipulated herein, the Lessor herewith lets a vehicle described on the opposite page ("the Vehicle") to the Lessee and the Lessee herewith recognizes and approves that:
- The Lessee has received the Vehicle in good order and condition and he/she shall return the Vehicle together with all tyres, tools, documents related to the Vehicle, accessories and equipment in the same condition (common wear and tear is expected, but not inappropriate wear and tear caused by mistreatment), to the agreed place specified on the opposite page and on the date specified on the opposite page, unless the Lessee has asked for an extension which the Lessor has agreed with or unless the Lessor has asked for an earlier return of the Vehicle.
2. The Vehicle shall not be used (operated):
a) for transportation of goods in contradiction to customs regulations or in any other illegal manner;
b) for transportation of passengers or property for remuneration (direct or indirect);
c) for powering or towing any vehicle or trailer;
d) during car (motor) sports events;
e) by drivers who are under the influence of alcohol or drugs;
f) by any other person than:
- i) the Lessee or any other person/s designated or employed by the Lessee and approved by the Lessor who is at least 21 years old at the time of renting the Vehicle (or falls into such other age category as specified in the Lessor´s tariff in relation to the particular type of the rented Vehicle), meets the required conditions and has been a holder of a valid driving license for at least one year; or ii) in the event of a failure or accident, repairer of motor vehicles, providing that he/she meets the required conditions and has a relevant license (and a driving license);
- g) outside the country of rent without an express approval of the Lessor.
The Lessee shall be fully and exclusively liable for paying the following to the Lessor based on the Contract:
a) a fee for the number of kilometres made, calculated using the tariff specified on the opposite page, for the number of kilometres made until the Vehicle is returned (the number of kilometres made shall be determined after reading the mileage on the tachometer installed by the producer; in the event of any tachometer failure, the fee shall be calculated based on the distances made during the journey according to the car map);
b) a fee for the period of use of the Vehicle, a fee for waiver of damage in the event of a collision (if S-CDW has been ordered), a fee for protection against theft (if ordered), personal accident insurance (if ordered) and other fees using the rate specified on the opposite page;
c) other fee for a one-way rent (if relevant) as specified on the opposite page, or if the Vehicle has been left elsewhere than at the agreed place of return without a written approval of the Lessor, and also a fee, determined continuously by the Lessor, for the number of kilometres made from the rent place to the place where Vehicle is left;
d) all fines and court expenditures related to parking, road traffic offences or other violations of law imposed on the particular Vehicle, on the Lessee, other driver or Lessor after the Vehicle was returned, with the exception of cases when it has been caused by a mistake of the Lessor;
e) compensation of costs of the Lessor for recovering payments resulting from the Contract in the event of their delay;
f) costs of the Lessor expended on repairing any damage caused to the provided Vehicle regardless of the fact who has caused it and which group the Vehicle belongs to; as well as a lost profit calculated using the daily rate specified on the opposite page which the Lessor has lost as a result of the impossibility to use the Vehicle; costs of the Lessor for replacing the Vehicle in the event of its theft; however, if the Lessee has met all conditions of the present Contract, particularly pursuant to the paragraph 4, his/her liability for such costs:
- i) has not exceeded the amount of liability specified in the boxes on the opposite page for such occurrence; and
ii) will be restricted to a corresponding difference which cannot be waived in relation to damage, if the Lessee has previously purchased a waiver of damage in the event of theft of the rented motor vehicle, what will be marked in the "I approve" box on the opposite page (as a part of the insurance conditions agreed upon between the Lessor and their insurance company);
iii) it will be restricted to a corresponding difference (according to the amount of compensation for damage), not covered by a collision (accident) insurance and the damage incurred to the rented motor vehicle, if the Lessee has previously purchased accident - damage insurance, what will be marked in the "I approve" box on the opposite page (as a part of the insurance conditions agreed upon between the Lessor and their insurance company;
- g) costs of fuel consumed during the rent together with any fee for refilling fuel which the Lessor is applying at the moment;
h) applicable local taxes (if relevant) payable in relation to the above-stated items.
- The Lessee also agrees that he/she will protect the interests of the Lessor and their insurance company in the event of any accident, loss or damage to the Vehicle by:
a) finding out the names and addresses of all parties involved (participants) and witnesses;
b) not acknowledging his/her liability or guilt and not giving money to any person involved;
c) not leaving the Vehicle without ensuring its appropriate securing and safeguarding;
d) informing Požiačaj a vráť by phone, also in the event of a minor damage, and by filling in an incident (accident) report for the Lessor within 24 hours;
e) always informing the police immediately, also in the event of minor damage or a person injured;
f) making sure that the Vehicle is locked always when left unattended.
If the Lessee has failed to do so, he/she shall be fully liable for damage, regardless of the purchased insurance, as stated on the opposite page of the present Contract; the Lessee shall also bear in mind that any coverage pursuant to purchased insurances, as stated on the opposite page of the present Contract, shall be conditioned by covering the risks by a policy of the Lessor with their insurance company. If the caused damage is not covered by a policy, the Lessee shall be fully liable for compensation of the damage to the Lessor regardless of the purchased insurances.
Both Contracting Parties have agreed that a special calculation software, commonly used by insurance companies to calculate costs of repairs, may be used to calculate damage to the Vehicle in addition to actual damage, and such calculation shall fully replace evidencing actual costs of repair of the Vehicle.
5. If the Lessee purchased:
a) personal accident insurance (PAI) by confirming the "I accept" box on the opposite page,
he/she shall receive coverage based on insurance conditions agreed upon between the Lessor and their insurance company.
- The Lessee herewith releases and relieves the Lessor from and against any liability for loss of or damage to any property (including related costs) which would be left, stored or transported by the Lessee or any other person in the Vehicle or on the Vehicle before or after returning the Vehicle to the Lessor.
7. Since the Lessor will take any preventive measures and do their best to prevent any losses or damage caused by an error or mechanical failure of the Vehicle and other subsequent losses or damage, the Lessor shall not be liable for such losses or damage.
8. If the Lessee has violated any of the conditions and arrangements stipulated herein, the Lessor may withdraw the Vehicle from the Lessee without any prior notice and for such purpose the Lessor may enter any premises where the Vehicle might be located and take it, while the Lessee shall be liable for any actions, claims, costs and damage which would follow after such withdrawing and taking the Vehicle or which would result from it, and shall compensate the Lessor for all such actions, claims, costs and damage.
9. If, based on invoicing instructions specified on the opposite page, the Lessee wishes to pay with a credit card or a payment card, then the signature of the Lessee on the opposite page represents an authorization for the Lessor to calculate final total fees, including any fees payable as a result of theft of or damage to the Vehicle, and debit the account of the Lessee in the institution which has issued the card. The Lessor shall make a final decision about the exchange rate which shall be used for any conversion of currency.
10. Any amendments of the present conditions and arrangements shall be invalid without a written approval of both Contracting Parties.
11. The Contracting Parties have agreed that all rights and obligations resulting from the Contract shall be governed by provisions of the Contract and its conditions and arrangement of rent (General Trade Terms) and provisions of the Act No. 513/1991 Coll. the Code of Commerce, as amended, or a binding legal act of the European Union.
- If the Lessee has returned an excessively dirty vehicle, the client shall be liable for any damage after washing and cleaning the Vehicle which is not identified in the Acceptance Protocol, part "Condition of the Vehicle when taken over", for 48 hours after a physical hand-over of the Vehicle. The Lessee also undertakes to return the Vehicle in a branch office of the Lessor in the presence of a Lessor´s employee so that any potential damage to the Vehicle may be documented. If the Lessee has returned the Vehicle in the absence of a Lessor´s employee, he/she shall be liable for any damage identified during inspection of the Vehicle by a Lessor´s employee and he/she automatically agrees with being charged for compensation of such damage.
- If the Lessee has purchased accident insurance or it is included in the rent price (with participation of 5%; however, at least in the amount specified in the liability item on the opposite page, in the case of theft, participation represents 10%, unless the framework contract entered into with the Lessee stipulates otherwise), in the event of any damage to the Vehicle, he/she is obliged to provide the Lessor with all available information about the damage by filling in the "Accident Protocol". If the Lessee has failed to do so on the last rent date at the latest, the Lessor reserves the right to charge a full amount to cover the costs of repair of the Vehicle to the Lessee by invoicing or from the credit card which the Lessee has provided when taking over the Vehicle or in the institution which has issued the card.
- If the Lessee has purchased S-SDW, i.e. accident insurance with zero participation, the same conditions shall apply to him/her as stipulated in the document.
- The Lessor reserves the right to debit the account of the Lessee in the institution which has issued the card by a guarantee for the Vehicle in the amount stipulated by the Lessor, it means that the Lessee cannot use the amount throughout the rent period.
- It is prohibited to smoke in Požičaj a vráť vehicles. If the client has violated this condition during the period of use of the Vehicle, Požičaj a vráť reserves the right to charge a fee amounting to EUR 120, including VAT.
- "Processing data and information about rent", regulating conditions of processing personal data in the Lessor´s information system, shall form an inseparable part of the Rental Contract