CONDITIONS OF AGREEMENT FOR CAR RENTAL
Hereby, the OWNER rents the vehicle specified in Agreement, hereinafter referred to as Car, to RENTER under the following conditions of Agreement for Car Rental. Minimum rental period (to be paid for) is 24 hours (a day).
The RENTER and the OWNER are hereinafter referred to as Parties.
By signing this Agreement for Car Rental, the RENTER states and warrants that he is aware of the fact that all personal data in the Agreement shall be used exceptionally for execution of the Agreement for Car Rental. The OWNER undertakes to keep and process personal data received from the RENTER for the execution of the Agreement in accordance with the General Data Protection Regulation of the European Union No. 2016/679.
1. SUBJECT OF AGREEMENT
1.1. Hereby, the OWNER, the permanent business of which is car rental services, undertakes to provide a right to RENTER to temporarily handle and use a Car for a certain fee, while the RENTER undertakes to pay rental fee and other taxes and/or fines for non-compliance with contractual obligations.
1.2. Before concluding the Agreement for Car Rental, the RENTER shall present a valid passport or personal identity card and a valid driving licence, granting a right to drive a Car to be rented, to OWNER. The aforementioned requirements shall also be applicable to person, authorized by legal entity.
1.3. In case of wishing to specify the second driver, entitled to drive the rented Car, in Agreement, the RENTER shall present the necessary information for assessing the possible risk (personal data, age, driving experience of the second driver) to OWNER. By signing the Agreement, the RENTER confirms that all liability for second driver’s failure to comply with conditions of Agreement is implicitly assumed by RENTER.
1.4. The rented Car shall be driven only by persons, specified in Agreement. In the case of violation of this condition, the RENTER shall assume the responsibility related to the use of the Car and the damages made to the Car.
2. PICK-UP AND DROP-OFF OF CAR
2.1. By signing the present Agreement, the RENTER confirms that he implicitly agrees with prices of provided services and all conditions of Agreement, that he received a tidy Car of good technical condition for handle and usage with all additional extras, including documents (technical passport, insurance policy) and keys of Car.
2.2. The RENTER must return a Car of the same technical condition and content as it was rented. A car shall be picked-up and dropped-off in time and location, specified in Agreement.
2.3. Unless otherwise specified in Agreement, a Car shall be rented with full fuel tank. As the rental term expires, the RENTER must return a Car with full fuel tank and/or not lower quantity than it is specified in Agreement.
2.4. In case of returning a dirty Car, the RENTER agrees on that the hidden damage would be identified after washing a Car, but not later than 3 business days after drop-off of Car.
3. CAR USAGE
3.1. The RENTER confirms his consent with the condition, according to which the Car cannot be operated and used for: paid transportation of passengers; towing of vehicles or trailers; racing; transportation of smuggled goods; transportation of flammable liquids and substances, explosives, drugs or other items, the storage and consumption of which is forbidden by laws of the Republic of Lithuania and/or European Union; criminal actions; third persons, except the persons, who are specified in Agreement; sports and/or traffic events, where safe road traffic rules are ignored; in countries, which are not specified in Agreement; driving in locations, where there are no roads, suitable for Cars, or in locations, which are not adapted for Car.
3.2. Before driving a Car, the RENTER should visually check the condition of tires. Upon noticing that at least one yellow and/or red warning indicator (except the cases when it is caused by fuel level) turns on in a dashboard or upon hearing extraneous sounds, going from Car, the RENTER must immediately stop and inform the OWNER. The further operation of Car is possible only upon obtaining the consent of OWNER.
3.3. In case of Car breakdown, the repair can be made in the service, recommended by RENTER, only upon consent of RENTER.
3.4. In case the RENTER is not able to use a Car for longer than 24 hours due to Car breakdowns, accident, damage or accidental destruction, which are not caused by the fault of RENTER, the OWNER, if the Agreement does not specify otherwise, shall provide alternative/other car to RENTER within 24 hours within the boundaries of the Republic of Lithuania, following the conditions and procedure, stipulated in the present Agreement.
4. ACCIDENT, THEFT, OTHER DAMAGE TO CAR
4.1. In case of car accident, fire and upon noticing the damage made by third persons to Car or in case of Car theft, first of all, the RENTER must undertake the measures that could reduce the losses. In addition, the RENTER must inform the RENTER about event as soon as possible by telephone +370-686-00611 and emergency number 112. The OWNER must fill an event declaration and, taking into account the possibilities, write down the contact data of participants, witnesses of event.
IMPORTANTLY: The notice shall specify, where a Car has been damaged, who and when have been informed about event, whether a culprit is known, his name, surname, address, telephone.
4.2. Police documents, reference certificates, issued by transportation companies, are the basis to receive the insurance benefit and to accuse third persons for the damage made to property of OWNER and/or RENTER.
4.3. It is forbidden for RENTER to sign any documents, accusing/obligating the OWNER to compensate the losses, caused by damage.
4.4. If the traffic even occurs outside of the borders of Lithuania and the Car is not able to be used further, the replacement vehicle is not provided to the RENTER and all costs of transportation of the Car to the headquarters of the OWNER shall be borne by the RENTER.
5. CAR INSURANCE AND ITS VALIDITY CONDITIONS
5.1. The rented Car is insured, according to Vehicle Insurance Rules, valid in the Republic of Lithuania. The insurance includes: CASCO insurance (insurance against accident, theft or fault of third persons), Compulsory Insurance Against Civil Liability in Respect of the Use of Motor Vehicles. The liability can be reduced for additional fee to drivers with driving experience of 5 years and longer. The reduction of RENTER’S liability shall not be valid, if the interior of Car is damaged, tires, wheel drives, Car glass are damaged, and if a Car was used in cases, when it is forbidden to use it.
5.2. The insurance shall not be valid, if in case of any Car damage or theft, the RENTER failed to register the event properly, failed to fill an event declaration, failed to call police, if it is necessary, failed to obtained the reference about event from police or the Car was stolen with Car keys and/or documents. In this case, all liability for emerged damage or theft is assumed by RENTER, i.e., all damage made to OWNER in respect of Car damage or theft shall be covered by RENTER, even if the liability of RENTER was reduced under Agreement.
5.3. Insurance company shall not compensate the losses incurred by OWNER, if a Car is confiscated from RENTER following the procedure, determined by laws of the Republic of Lithuania (a person has been apprehended for a second time, while driving a Car under the influence of alcohol, drugs or other psychotropic substances). In this case, all liability for damage, made to OWNER, is assumed by RENTER.
5.4. The insurance SHALL NOT BE VALID: for lost documents, keys, tires, wheel rims of Car, damaged windscreen and in all other cases, specified in the present Agreement.
6. PAYMENT CONDITIONS AND DEPOSIT
6.1. Before transfer of Car, upon signing the Agreement, a deposit of payment is authorized in credit card (i.e., money is “frozen”). The authorized amount consists of Car rental price for the whole period and responsibility of RENTER (franchising). If the RENTER has already paid Car rental price, then only the amount of liability is authorized in the RENTER’S credit card before the Car is transferred.
6.2. The rental price includes: Car rental fee, insurance, technical service and other payments that are specified in the Agreement.
6.3. Upon request of OWNER, the RENTER also undertakes to pay unconditionally:
6.3.1. rental fee for exceeded mileage;
6.3.2. fee for extended rental term, if the rental term is extended and confirm upon mutual agreement between Parties;
6.3.3. fee for a lack of fuel, if RENTER returns a Car to OWNER with lower quantity of fuel than it is specified in Agreement;
6.3.4. other discussed fees for additional services;
6.3.5. amount, by which the RENTER is responsible for losses, made to OWNER;
6.3.6. fines: a) for traffic accidents, if it is caused by the fact that the RENTER (or other driver, specified in Agreement) was intoxicated (drunk) or his actions violated the law; b) for speeding or other violations of traffic accident, Car parking fees;
6.3.7. all Car repair expenses, when the damaged Car is returned to OWNER without the presence of representative of RENTER. In this case, the violations are identified during pick up or within 3 business days, if a Car is returned dirty. This condition is applied in all cases, if a Car is returned dirty or defects cannot be identified without cleaning a Car;
6.3.8. to cover the expenses of chemical Car wash, if there is no possibility to make a dry cleaning as a Car is returned;
6.3.9. fines: a) for driving into a country which was not provided for in the Agreement; b) for RENTER to fail to return a Car to OWNER on agreed time and properly, as provided for in this Agreement, did not inform OWNER about the Agreement extension.
6.4. In case a Car is returned earlier than it is stipulated in Agreement, rental fee for unused rent days are not refundable.
6.5. By signing the Agreement the RENTER agrees that in order to ensure the conditions of Agreement and fulfilment of payment obligation, the OWNER has the right to debit all due payments and fees from RENTER’S card account or other account.
6.6. In case the RENTER fails to pay for provided services to OWNER or pays for provided services only partly, or is indebted to OWNER for other reasons, the RENTER undertakes to pay the interest of 0,5% (percent) for each delayed day to OWNER, following the non-contentious proceedings.
7. RESPONSIBILITY OF PARTIES AND SANCTIONS
7.1. The RENTER must follow the valid traffic rules and conditions of the present Agreement for Car Rental.
7.2. In case a Car is returned one hour later (but not more than 24 hours) than it is specified in Agreement, the RENTER undertakes to pay for this period as for additional day.
7.3. In case a Car is returned in other location than the one, specified in Agreement, the RENTER undertakes to cover the expenses, incurred by OWNER for Car transportation to location, specified in Agreement.
7.4. The RENTER shall be fully responsible in respect of OWNER and assumes all responsibility for intentional Car damage or damage, caused by negligence, and compensation of other losses, if:
7.4.1. insurance company recognizes the event or events as non-insurable one and does not cover the made losses;
7.4.2. official dealer of operated Car does not repair a Car, according to the provided warranties, because of the fault of RENTER;
7.4.3. while operating a Car, the RENTER ignored the extraneous sounds, going from a Car, and operated a Car further;
7.4.4. did not followed the conditions of the present Agreement;
7.4.5. used a technically defective Car;
7.4.6. made a car accident and left the location of accident;
7.4.7. unsuitable fuel was used for Car;
7.4.8. losses for damaged tires and/or wheel rims;
7.4.9. after the rental period failed to return the Car keys and/or documents. In this case the OWNER is entitled to calculate from the RENTER the costs of keys and/or documents copies plus the Car rent up to 7 calendar days until the production/receipt (if the RENTER has taken then by mistake or forgot to leave them) of the Car keys and/or documents;
7.5. The RENTER shall be responsible in respect of OWNER for damage made to Car. The size of liability in monetary expression shall be equal to difference between the actual damage and the damage, compensated by insurance company. In addition, upon request of OWNER, the RENTER shall pay for downtimes that occur due to Car repair. This compensation shall be equal for each day till the moment when a Car is completely repaired. The rent for 1 day is equal to the RENTER’S Car rental rate, as long as he uses the Car.
7.6. In case the RENTER fails to return a Car within 24 hours from the term, specified in Agreement, and failed to inform the RENTER and to extend the Car rental term, as it is specified in Agreement, the OWNER shall address the police for appropriation of Car against the will of the OWNER. The RENTER is familiarized with and agrees on with that he will be subject to criminal liability according to Paragraph 2 of Article 1.8.4 of Criminal Code of the Republic of Lithuania and will have to cover: Car value or value decrease losses, forced rental downtimes, other losses, related to recovery of Car value, and incurred till the moment of returning a Car to OWNER.
7.7. The RENTER is subject to fines and taxes for violations and/or non-compliance with the Agreement:
7.7.1. for lost documents or keys of Car – at least 300,00 € (tree hundred Euro);
7.7.2. for each damaged tire – at least 150,00 € (one hundred fifty Euro);
7.7.3. for smoking in Car interior – 200,00 € (two hundred Euro) plus each burned seat or any other part of interior – 300,00 € (tree hundred Euro) per one part;
7.7.4. in case of returning a Car with a lack of fuel, each lacking litre of fuel shall be subject to coefficient of 1,5 from price of filled fuel plus the fuel tank filling fee of 10,00 € (ten Euro);
7.7.5. in winter time (from November to May) for lost or damaged ice scraper and/or whisk – 10,- € (ten euro).
7.7.6. fine of 1,000,- € (one thousand euro) for litigation, if the parties solve the dispute in courts to prove the damage;
7.7.7. administrative tax for unpaid parking, violated Road Traffic Regulations or other notifications – 30,- € (thirty euro);
7.7.8. payment for chemical cleaning of the interior – 150,- € (one hundred fifty euro), if there are no possibilities to clean the Car in a dry manner;
7.7.9. fine for violation of Agreement, when driving into a country which was not provided for in the Agreement, 1000, - € (one thousand euros);
7.7.10. fine for an Agreement which has not been extend properly and when OWNER contacts the police for car misappropriation against OWNER’S will, 500, - € (five hundred euros).
7.8. The RENTER undertakes to cover all repair expenses, incurred by OWNER, in order to remove the faults of Car, according to tariffs, presented by representative of Car manufacturer, within 5 business days from the day of presentation of reasonable OWNER’S request to compensate the incurred losses that were caused by the fault of RENTER.
7.9. The RENTER must provide compensation for all breaches of Agreement, fines and other liability, specified in conditions of Agreement, to OWNER following the non-contentious proceedings.
7.10. The OWNER shall not be responsible:
7.10.1. for losses, incurred by RENTER due to inability to use the rented Car in case of its failure, accident, etc. As well as in case of delayed return of Car, if the reason of delay is Car fault, repair, etc. However, in this case, the OWNER, taking into account the possibilities, must immediately repair a Car or propose other Car to RENTER.
7.10.2. for health condition of RENTER;
7.10.3. for left personal items of RENTER in Car;
7.10.4. for losses, made to third parties due to the fault of RENTER or his authorized driver;
7.10.5. the OWNER shall not assume responsibility for possible accident and shall not compensate the damage to driver and/or third persons.
8. CONDITIONS OF AGREEMENT TERMINATION AND EXTENSION
8.1.The OWNER has the right to unilaterally terminate the Agreement prematurely and take back a Car, if:
8.1.1.the RENTER fails to meet the rental conditions, specified in Agreement, and is in material breach of conditions of Agreement;
8.1.2.bankruptcy or restructuring procedure is initiated/started to RENTER, the accounts of RENTER are frozen (disposal restrictions are applied) or for other reasons, for which the RENTER shall not be able to fulfil its obligations under this Agreement, signed by Parties, properly.
8.2. Upon mutual agreement between Parties, the RENTER has the right to extend the Agreement for Car Rental.
8.3. Extension of Agreement for Car Rental must be confirmed in writing, unless the Parties agree on otherwise. Otherwise, the Agreement shall be considered as not extended.
8.4. In case of failure to return a Car on agreed time, it shall be considered that a rental fee is calculated till the moment when a Car is returned to OWNER or all losses made to OWNER are compensated.
9. FINAL PROVISIONS
9.1. The Agreement is concluded in 2 copies in Lithuanian or other language, of the equal legal power, one to each Party. In case of disputes and discrepancies between texts in Lithuanian or other language, juridical priority shall be given to Lithuanian text.
9.2. The Agreement and disputes, related to or arising from this Agreement, are subject to law of the Republic of Lithuania, however, the priority shall be given to conditions of the present Agreement.
9.3. Disputes and disagreements shall be settled in the way of mutual negotiations. In case of failure to agree, the disputes shall be settled, following the procedure, determined by laws of the Republic of Lithuania, in Klaipeda City Area Court, and in case the claim amount exceeds 50’000,00 € – in Klaipeda Regional Court, irrespective of registration or place of residence of defendant.
9.4. All amendments and supplements of the present Agreement shall be valid only if are made in writing and signed by both Parties.
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