TERMS AND CONDITIONS
GENERAL CONDITIONS OF THE LEASE
1. General provisions
1.1. The purpose of this Contract of Hire (hereinafter referred to as the Contract) is to regulate the legal relations arising out of the granting by the authorised user of the Vehicle to the Customer of the right to use the Vehicle for a short period of time, as set out in the specific terms and conditions of the Contract.
1.2. These general terms and conditions of the contract are annexed to the specific terms and conditions of the contract and form an integral part thereof.
1.3. The Customer confirms that the terms and conditions of the contract (including the general terms and conditions of the contract) have been made available to the Customer prior to the conclusion of the contract.
1.4. The rights and obligations of the Customer set out in this Agreement shall also extend to the persons set out in the special conditions of the Agreement to whom the Customer may transfer the right to drive the car during the use of the car. The aforementioned persons are jointly and severally liable with the Customer for all obligations and claims arising from the contract, if the right to drive the car is actually transferred to them, and confirm by their signature their acceptance of the terms of the contract. It is the responsibility of the customer to ensure that these persons have a valid driving licence.
2. Right of use of the car and its exercise
2.1. The customer is entitled to use the car free of charge for the specific purpose during the period set out in the special conditions of the contract, subject to the conditions and limitations set out in the contract. The Customer is obliged to reimburse the authorised user of the Vehicle for the cost of the petrol and diesel fuel in the vehicle’s tank at the time of delivery, unless otherwise agreed by the parties.
2.2. The customer has the right to transfer the right to drive the car during the use of the car to the persons provided for in the special conditions of the contract. The customer is not allowed to transfer the right to drive the car to persons not provided for in the special conditions of the contract.
2.3. The Customer is obliged to use and maintain the car in a prudent manner, taking the usual care for the safety of the car and avoiding any risk of loss, damage or damage to third parties.
2.4. The Customer is not permitted to use the Vehicle without the prior written consent of the authorised user of the Vehicle:
2.4.1. use the vehicle for the transport of goods or animals, for towing or for connecting a trailer to the vehicle;
2.4.2. use a car to commit misdemeanours and offences provided for in the Penal Code and other laws, both on the territory of Estonia and outside Estonia (including. (e.g. transportation of prohibited toxic and narcotic substances, smuggling of contraband across state borders, etc.);
2.4.3. drive a car on an ice track;
2.4.4 carry out, personally or by allowing third parties to carry out, modifications or installations of equipment or parts, maintenance, repair or overhaul of the car;
2.4.5. use the car for driving outside the Republic of Estonia;
2.4.6 keep or park a car in an unauthorised or prohibited place.
2.4.7. exceed the mileage limit laid down in the contract;
2.4.8. take part in sports competitions and similar events by car;
2.4.9. smoke in the car.
2.5. When using and keeping the car, the Customer is obliged to comply with all legal requirements and road safety. If the Customer wishes to refuel the vehicle during the exercise of the right of use, the Customer undertakes to ensure the suitability and quality of the petrol or diesel fuel to be refuelled. The Customer shall be liable for any loss or damage caused by failure to comply with this obligation.
3. Delivery of the Car to the Customer and return to the authorised user of the Vehicle.
3.1. The car will be handed over to the Customer at the time and place indicated in the Contract. The authorised user of the Vehicle has the right to unilaterally change the time of delivery of the vehicle for good cause.
3.2. Upon delivery of the car to the Customer, the Customer is obliged to inspect the car. The parties shall note in the Contract any defects or deficiencies in the car at the time of delivery.
3.3. The Customer is obliged to return the car to the authorised user of the Vehicle at the time and place specified in the Agreement (except in the case specified in the second sentence of clause 8.2. of the Agreement).
3.4. The Customer is obliged to return the car to the authorised user of the Vehicle in the same condition in which the car was handed over to him. The parties are obliged to inspect the car when returning it.
3.5. The Customer is liable for any defects in the car which occurred while the Customer was using the car. For the purposes of determining the time of the shortage, the following shall be taken into account in points 3.2. and 3.4. from the provisions of.
3.6. For defects that occur when the car is returned but are not mentioned in point 3.2. of the contract. fixed in accordance with the procedure laid down in the Contract, it shall be presumed to have been incurred at the time the Customer used the car. It is for the customer to prove the contrary if such a presumption would be contrary to the nature of the defect.
4. Liability of the parties
4.1. The parties are liable for any failure to fulfil their obligations. Nothing in this Part of the Agreement shall exclude or limit the liability of the Parties in other cases arising under the Agreement or by law.
4.2. Persons to whom the Customer may transfer the right to drive the car in accordance with the Contract shall be jointly and severally liable with the Customer under clause 1.4 of the Contract. in accordance with the procedure laid down in. The liability of such persons and the Client shall not exclude or limit the liability of third parties.
4.3. The insurance cover extended to the car will be indicated in the special conditions of the contract.
4.4. The Customer shall be liable in particular for the preservation of the car, for damage caused to the car by the Customer or third parties and for damage caused by the car to third parties while the Customer is using the car. The authorised user of the vehicle has the right to compensate third parties for such damage and to bring a claim against the Customer.
4.5. In addition, the Customer shall be responsible for the timely return of the car to the authorised user of the Vehicle and for the Contract 2. for the proper performance of the obligations set out in Part. In the event of failure to return the car on time, the Customer is obliged to pay to the authorised user of the Vehicle a contractual penalty of EUR 64.- for each day by which the Customer is late in returning the car to the authorised user of the Vehicle, starting from the day following the day on which the Customer should have returned the car to the authorised user of the Vehicle. In case of breach of the obligations set out in clauses 2,3,4 of the Contract, the Customer is obliged to pay to the Authorised User of the Vehicle a contractual penalty in the amount of EUR 640.- for each individual breach within three days from the date of receipt of the corresponding claim from the Authorised User of the Vehicle. The settlement is not conditional on a claim for damages and is paid in addition to the damages.
4.6. The Customer is responsible in clause 2.4.2 of this Agreement. damage caused to the authorised representative of the Vehicle as a result of a breach of the obligations set out in the. For the purposes of this contract, loss is deemed to include all of your personal property for both material and non-material damage (including the value of lost or destroyed property, loss of value due to deterioration of property, costs incurred or to be incurred in the future in connection with the damage, loss of income, etc.). In the event of detention of the car by persons investigating a misdemeanour or a criminal offence, the Customer undertakes to pay the contractual rent and is also responsible for the continued performance of the other obligations set out in the contract until the car is handed over to the authorised user.
4.7. The Renter is obliged to pay the rent for the time spent on repairing the damage to the Vehicle, at the rate of 1 day of repair = 1 day of use of the Vehicle, but not more than 30 days.
5. Transmission of notifications
5.1. All notifications of a legal nature (requests, proposals, statements, etc.) submitted by the parties must be in writing. Such written notices shall be deemed to have been received if they have been handed over to the postal authority for delivery on the requisites set out in the contract and three (3) days have elapsed since the date of delivery of the notice to the postal authority.
5.2. Informative notices of a non-legal informative nature may be given orally.
6. Force majeure
6.1. Non-performance of the contract in force majeure circumstances shall be excused provided that measures are taken to comply with the contract.
6.2. Force majeure refers to any unforeseen event beyond the control of the parties involved, including fire, explosion, natural disaster, war, decisions by public authorities, embargo, strike, riots, etc.
6.3. Clause 6.1. does not exempt the Parties from their efforts under clause 6.2 of the Agreement. to remedy the grounds stated and the parties must resume their contractual obligations as soon as the obstacles have been removed.
6.4. Force majeure alters the time limits in the contract by the period during which performance of the contract is suspended as a result of these factors.
7. Interpretation of the contract
7.1. The technical conditions of the car at the time of the conclusion of the contract, which define the equipment, dimensions, weight, fuel consumption, running costs, etc. of the car. should be taken as approximate estimates and not as contractual terms or guaranteed characteristics of the car.
7.2. In the event of a conflict between the general and special conditions of the contract, both conditions shall, as far as possible, be interpreted in such a way as to leave both conditions in force. If such an interpretation proves impossible, the contract shall be interpreted in such a way that the special conditions prevail.
7.3. Pre-contractual negotiations have no bearing on the interpretation of the contract, unless the contract states otherwise.
7.4. Correspondence signed by the parties is only relevant for the interpretation of the contract in the light of its terms.
8. Entry into force, validity, modification and termination of the Contract 8.1. The Agreement shall enter into force on the date of signature and shall remain in force until all the obligations set out therein have been performed, except in the cases provided for in the Agreement and by law.
8.2. Either Party shall have the right to withdraw from the Agreement without giving any reason by giving notice to the other Party. If the Customer withdraws from the Contract and the car has already been handed over to the Customer, the Customer is obliged to return the car immediately to the authorised user of the Vehicle at a time convenient for the authorised user of the Vehicle. In such a case, the Customer’s liability is not affected by the withdrawal from the contract and the return of the car is subject to the provisions of the contract.
8.3. The termination of the contract does not affect the rights and obligations of the parties that have accrued before the termination of the contract.
8.4. The parties have the right to modify the contract only in writing. The amendments will enter into force when they are signed by both parties.
9. Final provisions
9.1. By signing the contract, the parties confirm that they have read it, understood its contents and that it is in accordance with the parties’ intentions.
9.2. The contract is concluded in two copies with equal legal force, one of which remains with the authorised user of the Vehicle and the other with the Customer.
In the event of cancellation of a reservation confirmed by the customer, we have the right to charge the customer a penalty fee of 200 EUR.
If the Rental Company is presented with a traffic or parking fine due to the Renter, the Rental Company has the right to charge the Renter up to 50 euri +km for handling the fine.
For a broken tyre during the rental period, the hirer is entitled to charge a contractual penalty of 250 euri per broken tyre.
When returning the vehicle, the hirer has the right to charge a penalty of up to 500 euri for missing or broken accessories.