1. Motor
vehicle usage
1.1 The Rental
Company gives the Vehicle into temporary use of the Renter. The Renter is bound
to use the Vehicle in to the prescribed manner and according to the intended
purpose of the Vehicle, and to use the Vehicle prudently.
1.2 The Renter
has the right to transfer steering to a third party only with the prior written
consent of the Rental Company. The Renter is still responsible to the Rental
Company after the transfer of the driving right.
1.3 Motor
vehicle usage in purposes of towing other vehicles, driving practice,
fee-charging service and as a motor racing vehicle is prohibited.
1.4 Parking
the motor vehicle the Renter shall follow the manner of parking and general
traffic safety, not leaving in the car objects of interest to any third party
which may seduce the third party and lead to a criminal offence, lock the doors
and switch the signalisation on. The Renter undertakes to do
everything depending on
him/her so that the keys would not get into the possession of third parties.
1.5 The Renter
is advised to check the motor vehicle for any possible damages before the lease
and to make a corresponding remark in the Rental Agreement. The absence of
corresponding remarks in the Agreement excludes the Renter's right to make any
claims regarding motor vehicle damages.
1.6 The Renter
undertakes to check the availability of the valid insurance policy and vehicle
inspection. The Renter undertakes to inform the Rental Company of the
expiration of the insurance policy and technical inspection in good time.
1.7 The Renter
is prohibited to drive the motor vehicle out of the territory of the
1.8 The Renter
undertakes to follow the Traffic Code and the traffic safety requirements with
accuracy and do everything in his/her power to avoid
possible damage.
1.9 Smoking is
prohibited in the motor vehicle. In the case of this clause is disregarded, the
Renter is liable to pay a forfeit of the sum of 100 EUR (one hundred).
2. Renter's
liability
2.1.1. To
compensate for the damages inflicted to the motor vehicle or its parts during
the rental period, which are not the subject of compensation by the insurance
company.
2.1.2. To
compensate for lost or broken or damaged items in full.
2.1.3. In case
it is impossible to use the motor vehicle and any circumstances (for example,
breakage or vandalism) impeding the use of the rented motor vehicle emerging
while the motor vehicle was in the Renter's possession, the Renter shall pay
the rental fee specified in the Agreement to the
Rental Company
for each day since the moment the circumstances impeding the use of the motor
vehicle emerged till the moment of removal of the circumstances impeding the
use of the motor vehicle. The Renter bears expenses related to the removal of
the circumstances impeding the use of the
motor vehicle which emerged while the
motor vehicle was in the Renter's possession. Any repair works which restore
the motor vehicle till the condition the Renter got it into his/her possession,
shall be considered as a removal of the circumstances impeding the use of the
motor vehicle.
2.1.4. The
Renter undertakes to pay the fines for the violation of parking rules and
Traffic Code etc. presented to him/her during the rental period. In the case of
the Renter's failure to pay the fines, the Rental Company has the right to
demand double fine amount.
2.1.5. The
Renter confirms that he or she is aware of the fact that upon causing damages
to the Vehicle, the amount of his or her liability is 320 Eur (except if the
Renter has purchased the service of decreasing the liability) and 15% of the
cost of the Vehicle in case of theft. The Renter is aware that
violation of the obligations
arising from the Contract can cause his or her liability to increase to a level
of 100% of the cost of the Vehicle.
2.1.6. The
Lessee is bound to pay the cost of repairs of a damaged tyre in the amount of
20 Eur per each damaged tyre, or the cost of a new tyre in case the damaged
tyre cannot be repaired.
2.1.7. In case
the Lessee fails to return the Vehicle with the same amount of fuel, that was in the tank when resaving the vehicle, the
Leasing Company becomes entitled to demand payment of compensation for each
liter of fuel according to the price list of fuel purchased, plus a service fee
of 10 Eur.
2.2. The
Renter is responsible for the damage done and/or fully value of the motor
vehicle in case:
2.2.1. The
motor vehicle was driven by a person in the state of alcohol intoxication or
with the symptoms of alcohol usage, in the state of
fatigue or under the influence of
narcotic substances;
2.2.2. The
motor vehicle was used for unlawful purposes (criminal offence etc.);
2.2.3. The
damage was caused by the Renter's breach of traffic safety requirements and the
insurance company refuses from insurance indemnity pay-out;
2.2.4 The
damage arisen is caused by the breach(es) of the terms
of the hereby Agreement;
2.2.5 The
insurance company reduces the insurance indemnity to the Rental Company because
of breach of the Traffic Code or traffic safety requirements, the Renter
undertakes to pay the remaining sum of the motor vehicle's full value that is
not covered with the insurance indemnity as well as the
damage done.
2.2.6. The
insurance company refuses from insurance indemnity pay-out or the loss event is
not the insured event, the Renter undertakes to pay the full value of the motor
vehicle to the Rental Company and compensate for the damage done.
2.2.7. The
Renter and the rented motor vehicle are involved in a traffic accident as a
result of which the insured risk coefficient is increased; the Renter is liable
to pay a one-time contractual fee of the amount of EUR 100.
2.2.8. The
motor vehicle is stolen, hijacked, robbed; the Renter's own risk makes up 15%
of the full value of the rented motor vehicle, provided the Renter returns to
the Rental Company motor vehicle's documents, keys and signalisation panel. If
the Renter does not return to the Rental Company motor
vehicle's documents, keys and
signalisation panel in the above-mentioned case, the Renter is responsible for
the full value of
the motor vehicle and undertakes to
compensate for the damage to the Rental Company.
2.2.9 The
motor vehicle has been taken from the Renter's possession by fraud,
the Renter is liable to compensate the Rental Company the amount of the total
price of the vehicle.
2.2.10 The
Rental Company has the right to demand a contractual penalty in the amount of
200 EUR for the breach of any of the terms of the Agreement unless otherwise
provided by the Agreement.
2.2.11 All financial claims and obligations arising from the
Agreement shall be fulfilled by the Renter in seven (7) days since the moment
when such a claim was received from the Rental Company.
2.2.12 The
Rental Company has the right to demand and submit any financial obligation
arising from the hereby Agreement at once in case the sum of the claim, which
the Renter shall pay pursuant clause 2.2.11. of the
Agreement, has been established. Criminal or misdemeanour proceedings as well
as the proceedings of the insured
event do not obstruct or prevent from the fulfilment of the financial
obligations.
2.2.13 In case
the Renter does not agree with the claim or its amount as submitted by the
Rental Company, he/she has the right to submit a reasoned declaration of
opposition within seven days. Failure to submit the objection within seven days
is considered an acceptance of the claim to its full extent
and all claims hereafter are not
taken into consideration.
3. Rental fee
3.1 The Renter
undertakes to pay a fee for the use of the Vehicle according to the Contract
and the currently valid price list of the Rental Company as well as the terms
of sale (found on the website of the Rental Company at www.aaarent.ee) from the
moment of delivery of the Vehicle to the Renter until
the returning of the Vehicle to the
Rental Company in the condition set forth in the Contract.
3.2 In case
the Renter does not pay the rental fee specified in the Agreement by the fixed
date and the motor vehicle has been given into the Renter's exploitation under
agreement the Rental Company has the right to demand one-time contractual
penalty in the amount of 3 rental days' fee. The
payment of penalty does not exempt from
the payment of rental fee.
3.3 In case
the Renter does not pay any financial obligation arising from the hereby
Agreement on time pursuant to clause 2.2.11, the Rental Company has the right
to demand a penalty in the amount of 0.5% of the sum payable for each day of
delay.
3.4 Prior to
the delivery of the Vehicle, the Renter is entitled to demand payment of the
security, indicated in the terms of sale of the Rental Company (www.aaarent.ee)
from the Renter. The security may be paid with a credit card, cash or bank
transfer.
4. The rental
Company undertakes
4.1. To give
the Renter the motor vehicle in good working order as well as its documents at
the agreed time and place.
4.2. To
perform regular technical maintenance.
4.3. To return
the security to the Renter who has performed all contractual obligations to the
Rental Company.
4.4. To
inspect the Vehicle which has been returned by the Renter within 7 (seven)
calendar days from the returning of the Vehicle by the Renter, and to submit
claims relating to the discovered damages to the Renter within 14 (fourteen)
calendar days.
5. Fuel and
motor vehicle's inspection
5.1. The motor
vehicle shall be returned fully fuelled, unless agreed otherwise between the
Parties.
5.2. The
Renter provides customary everyday inspection of the operating condition of the
motor vehicle.
5.3. The
Renter is responsible to inform the Rental Company immediately of the motor
vehicle's breakage.
5.4. In case
the motor vehicle's breakage makes it impossible to continue the use of the
motor vehicle, the Renter accords with the Rental Company concerning the
service centre where the breakage can be removed or comes to terms with the
Rental Company in any other way.
5.5 The Renter
is prohibited to remove the breakage at the place chosen by him/her without the
prior consent of the Rental Company. Repair and breakage expenditures, which
were not previously accepted by the Rental Company, shall not be indemnified to
the Renter.
5.6 If the
Vehicle needs dry cleaning upon its return, the Renter shall pay 100.- EUR for the dry cleaning.
6. Renter's
obligations in case of breakage, accident or loss of possession
6.1.The Renter shall promptly inform the Rental Company of the
motor vehicle's breakage, accident, robbery, fraud, theft or other
circumstances which exposed or expose to danger the property of the Rental
Company. The Renter shall also promptly inform the police and/or rescue service
in case of an
occurrence specified in this
clause. In addition, the Renter shall submit a signed letter of explanation to
the Rental Company, providing his or her explanation to the event.
6.2. In case
the Renter does not follow clause 6.1, he/she is responsible for the damage
caused to the Rental Company to the full extent.
6.3 In case of
a traffic accident where the Renter is not found a guilty party, the driver,
who got into the traffic accident, shall fill in form No. 1 of the Traffic Code
or call the police to the place of accident to file a report on the traffic
accident. In case the Renter does not submit a copy of the form No. 1 of
the Traffic
Code or of the scheme of the scene made by the police, he/she is completely in
liable for the damages caused to the Rental Company and the claim is filed
pursuant clause 2.2.12 of the Agreement.
7.
Responsibility of the Rental Company in case of the motor vehicle's breakage
7.1. The
Rental Company bears neither direct nor indirect responsibility for the
damages, which may arise from the motor vehicle's breakage before the rental
period or during it, if in connection to this circumstance a trip will not take
place or will be delayed.
7.2. If
possible the Rental Company provides a substitute motor vehicle in case of the
circumstances specified in clause 7.1 of the Agreement.
7.3 In case
the breakage occurs during the rental period and the intended or unintended
fault of the Renter in the breakage origin is missing, the Renter may demand
10% price reduction for the established rental period in case the Rental
Company has no possibility to replace the motor vehicle.
8. Return of
the motor vehicle in time specified in the Rental Agreement or earlier
8.1 The Renter
is obliged to deliver the motor vehicle to an agreed place at an agreed time. In
the case of the Renter not delivering the motor vehicle, but the Rental Company
picking it up itself or requiring services for the delivering of the motor
vehicle, the Renter is liable to compensate for any such
expenses to the full amount.
8.2 In case of
exceeding rent time limit without corresponding consent of the Rental Company,
double rental amount for each day when the rental time limit was broken can be
demanded.
8.3 In case
the Renter returns the motor vehicle before the time specified in the Rental
Agreement or the Rental Company terminates the Agreement deliberately, the
Rental Company is not obliged to return the advance payment of the Renter.
8.4. The
Renter is aware that in case he or she fails to return the Vehicle on the due
date prescribed by the Contract and he or she has not informed the Rental
Company of any impediments, the Rental Company becomes entitled to submit an
application to the law enforcement authorities of the
9. Termination
of the Rental Agreement
9.1. The
Rental Company has the right to terminate the Rental Agreement and demand the
prompt return of the motor vehicle, if it becomes clear that the Renter has
broken the terms and conditions of the Rental Agreement, submitted false
information about his/her identity when entering into
Agreement,
misled the Rental Company to its prejudice, or if other circumstances
constituting a danger to the rented motor vehicle or the interests of the
Rental Company appear.
9.2 In case
the Rental Company demands the termination of the Rental Agreement on the base
of clause 9.1, the Renter is obliged to return the motor vehicle to the Rental
Company within the territory of the Republic of Estonia during 5 (5) hours
after the notification of the termination of the Agreement
made by the Rental Company by phone.
In case the Renter does not return the motor vehicle during five (5) hours,
he/she undertakes to pay a contractual penalty EUR 200 and clause 8.2.of the
Agreement is applied.
10. Other
provisions
10.1 All
disputes arising from the Contract shall first and foremost be settled by way
of negotiations. Upon failure to reach an agreement, in the Kentmanni court
house of the Harju County Court.