|
GENERAL CONDITIONS OF RENT
In accordance with the conditions of this Rent Agreement (hereinafter referred to as the Agreement) the Rental Company provides to the Renter whose name and address are indicated in paragraph (15), into a temporary keeping and use of the vehicle, as indicated in paragraphs (7, 8), for the period specified in paragraphs (31, 12) of the Agreement.
This Agreement is a contract of adhesion аnd а public agreement.
The Renter shall assume responsibilities under this Agreement by means of its signing. The Rental Company shall be entitled to send all official notices at the address indicated by the Renter and specified in the paragraph (15) оf this Agreement.
1. The Rental Company provides the vehicle (hereinafter referred to as the vehicle) to the Renter in a technically proper and clean form. No breakage that has occurred during the term of the rent of the vehicle and has not been related to a traffic accident shall be considered as breach or non-compliance on the part of the Rental Company liabilities under the Agreement.
2. The Renter shall confirm that he/she has obtained the vehicle in a proper technical condition with fully fitted and clean hull without any signs of damage or accident, apart from those that are indicated in the Certificate of technical condition of the vehicle. Following the receipt of the vehicle by the Renter no complaints with regard to visible defects of the vehicle shall be accepted.
3. The Rental Company shall prepare a Certificate of technical condition of the vehicle that indicates visible damage and defects of the vehicle, if any, and provides the copy of this Certificate to the Renter.
4. Тhe Renter shall undertake full material accountability for safekeeping of the vehicle and shall return it in а proper condition at the time indicated in the paragraph (9).
5. In case of loss of the vehicle or making it unusable, the Renter shall reimburse its value in accordance with the prices effective at time of calculations. In cases of damage and disassembling of the vehicle, the Renter shall reimburse the costs for its repair.
6. The Renter shall guarantee that he/she or other persons authorized to drive the car under the Agreement, possesses all the required permits and certificates for the right to drive the vehicle.
7. The vehicle shall be returned to the Rental Company in the condition it hаs been ассерtеd for use, allowing for standard wear and with the equipment, tires, and documents, constitutive аnd other elements that have been provided to the Renter in accordance with the Certificate of technical condition of the vehicle. Тhe Renter shall return the vehicle to the place where the vehicle has been provided for rent, or to Ihe place indicated in paragraph (10) of this Agreement. In case of failure tо return the vehicle at terms and to the place agreed by the parties, the Renter shall agree to the right of the Rental Сompany to put this vehicle on a wanted list through the law-enforcing authorities.
8. The vehicle shall be returned with the same amaunt of fuel as it has been provided to the Renter with the amount of fuel at time of providing the vehicle to the Renter and at time of its return shall be indicated in the Certificate of technical condition of the vehicle. In case the vehicle is being returned with less amount of fuel than the amount it has been rented out, the Rental Company shall be entitled to demand the proportional reimbursement of the costs of the fuel in accordance with the tariffs of the Rental Company.
9. The terms of civil legal liability insurance of the owners of road vehicles shall apply to the vehicle being used by the Renter, in accordance with the legislation of Ukraine, as well as special civil and legal liability insurance.
10. From the time of transfer of the vehicle to the Renter, he/she shall bear full responsibility for the risks that the vehicle can be exposed to. For this purpose of preventing the occurrence of negative consequences (losses) as a result of a traffic accident or illegal possession of the vehicle, the Rental Company shall insure the vehicle for the entire period of validity of this Agreement under the insurance categories indicated in the paragraphs (51 and 55) of this Agreement. In the event if a traffic accident, damage or illegal possession of the vehicle, the Renter shall each time compensate to the Rental Company the amount of financial liability of the Renter that is specified by the appropriate categories.
11. The vehicle has been insured by the Rental Company against damage, fire and theft. Special liability of the Renter varies, the amount is indicated in the paragraphs on the tariffs and depends upon the group to which the vehicle belongs.
12. The following types of insurance shall apply to the vehicle. As well as personal liability of the Renter, as indicated in paragraphs (50, 51, 55) of the Agreement.
13. Hull insurance risks:
TP - illegal possession of the vehicle or its complete structural loss;
CDW - collision damage waiver;
FE - fires, explosions;
IАТР - illegal асtions of third persons;
AD- natural disasters (lightning strike, windstorm, storm, hurricane, rainstorm, earthquake, mudslide, landslide, earthfall, high waters, flood) attack of animals;
ЕI- external impact of foreign objects on the vehicle (including, blow-out of stones or other solid objects from under the wheels of the vehicles oг spontaneous falling of the trees of objects);
14. TPL- third party liability.
15. The Renter is prohibited to use the vehicle:
- for transportation of passengers for remuneration;
- for towing or pushing other vehicles and/or towing or pushing of the vehicles the weight of which exceeds the weight of the vehicle;
- for transportation of goods in violation of customs regulations and for committing illegal actions;
- in drunken state or under the effect of narcotic drugs or psychotropic agents;
- for races or related training sessions;
- for driving lessons;
- for riding off-road or at places not designed for road transport;
- for any other purpose that differs from the normal operation of the vehicle;
- for transportation of explosive, fire hazardous sr radioactrve objects and "ubsta ness:
- without the driver possessing appropriate certificate (permit) for driving the vehicle of the appropriate category;
- in the improper technical condition of the vehicle known in advance to the Renter (driver) (the identification of the technical condition of the vehicle shall be carried out in accordance with the traffic rules);
- outside the territory of Ukraine without the obtainment of a written authorization from the Rental Company.
16. The use of the vehicle:
- the vehicle shall be driven by the Renter, whose name shall be indicated in the paragraph (15) of this Agreement, and who possesses valid driving license (the number of the driver’s license shall be indicated in the paragraph (15) of this Agreement). The vehicle can be driven by the persons authorised by the Renter who shall be indicated in the paragraph (15) of this Agreement.
- the age of the driver that carries out control of the vehicle shall be at least 21 years. The total term of experience of the driver in driving the vehicles shall be at least 2 years.
- the Renter bears full responsibility for the driver to whom he/she has entrusted driving of the vehicle to comply with the conditions of this Agreement.
17. The Renter shall bear personal responsibility for the payment to the Rental Company (at its request) of the following:
- payment for the use of the vehicle in accordance with the effective tariffs the amount of which shall depend upon the number of rental days, mileage distance run during the rental period. The number of kilometers shall be calculated by the difference between the values of the odometer at time of the provision of the vehicle to the Renter and at time of return of the vehicle to the Rental Company. In case of return of the vehicle to the Rental Company at a later time than the specified date, the Renter shall pay for the period of actual use of the vehicle. The Rental Company shall be entitled to demand advance payment that corresponds to the payment for the use of the vehicle during the entire period of the rent.
- any additional payments including the taxes (insurance against traffic accidents, theft, delivery charge, etc.) to which he/she agrees by means of signing this Agreement.
- the sum of personal financial liability;
- traffic fines in case of traffic accidents, driving the vehicle in drunk condition, and other violations of the traffic rules, parking costs.
- full costs of repair of the vehicle if the Renter is returning the vehicle to the Rental Company beyond the working hours of the Rental Company and doesn’t demonstrate it to the personnel of the Rental Company, oг in case the Rental company has noticed any damage to the vehicle after the Renter has left it.
18. The Renter and any driver authorized by him/her shall use necessary measures for the protection of the interests of the Rental Company and the insurance company of the Rental Company in the event of a traffic accident and in other insurance cases, as follows:
- not to plead him/her guilty in committing the traffic accident;
- not ta abandon the vehicle without providing its protection and security;
- immediately inform the police and not to leave the place of the traffic accident without the permission of the police;
- the Renter shall call the State Vehicle Inspection (SVI) in all cases the vehicle has an accident and after the drawing all documents of the accident (obligatory receive the accident note) during 24 hours after the accident provide the Rental Company with the following documents: copy of the accident note (in the note should be specified car model, state registration number, name and family name or the name of the vehicle owner, time and place of the accident and damages);
- in any insurance case not later than 72 hours of the case provide the Rental Company with the following documents:
detailed written explanation of the accident (if possible to specify the names or addresses of the accident participants and witnesses and provide the Rental Company with this information);
driver’s license copy;
waybill/notary copy;
technical passport copy;
- if the Renter is not using the vehicle, he/she must use precautionary measures (lock the doors, remove the radio panel, etc.) for the purpose of avoiding possible accidents or theft. In case of theft or illegal possession of the vehicle the Renter’s responsibility shall be limited provided it has returned the car keys to the Rental Company (the remote alarm, if available) and car documents (certificate of registration, insurance policies and the counterpart of this Agreement) and provided evidence that he/she has used necessary precautionary measures. Otherwise the Renter shall reimburse to the Rental Company for incurred losses in full amount.
- in case the vehicle was stolen/theft or illegally possessed the Renter shall immediately inform the Rental Company and not more than 24 hours after the accident go to the nearest police office and write a claim about stolen/theft or illegally possessed car and additionally provide the Rental Company during next 48 hours with the:
claim with a note of its acceptance;
origin or copy of the note from the Ministry of Internal Affairs or other competent bodies on the fact and conditions of the accident that has evidences of the insurance case, if the criminal case was opened provide note or copy of the Ministry of Internal Affairs or other competent bodies decision copy on criminal case opening and on stop or continuation of the prejudicial investigation.
- In case of the insurance accident on AD risks additionally shall be provided:
note from the meteorological or seismic service, in case of falling any things on the car – explanation note from the organization on which territory this insurance accident has happened and records from at least 2 witnesses with specification of their names, passport data and address.
- In case of insurance accident on FE risks additionally shall be provided:
note from fire inspection on fire causes if it is possible to indicate them, with specification of the Renter’s name, car model and state registration number, time and place of the accident, list of caused damages to the vehicle and/or additional equipment.
- In case of insurance accident on IATP risks additionally shall be provided:
note from the Ministry of Internal Affairs with specified full name of the Lessee or the Lessor, car model and state registration number, time, place and conditions of the accident, list of damages caused to the leased vehicle and/or additional equipment.
19. The Rental Company that is not the owner of the vehicle cannot bear any responsibility for any losses or damages that occurred directly due to the mechanical defects of the said vehicle or its components as a result of the traffic accident or for other reasons.
20. The Renter shell reimburse to the Rental Company any costs related to holding the later liable as the owner of the vehicle in connection with the damage inflicted by the Renter to the property or health of third parties as a result of using the vehicle during the term of this Agreement.
21. If the Renter is a legal entity, the vehicle can be used for business purposes.
22. The right to use the vehicle shall be given only to persons indicated in paragraph (15) of this Agreement. The Renter shall not be entitled to transfer the rights and responsibilities under this Agreement to third parties and shall not be entitled to execute sub-rent agreement.
23. The Renter shall have the right to cancel this Agreement and return the vehicle to the Rental Company at any time. The payment for the rent of the vehicle paid by the Renter for the entire term of the Agreement shall be reduced in accordance with the duration of the actual use of the vehicle.
24. The provision of the vehicle for rent shall be carried out against collateral of monetary funds, as is indicated in a separate collateral agreement.
25. In all legal relationships not regulated by this Agreement the parties shall be governed by the effective legislation of Ukraine. In case of any disputes with regard la the terms and conditions of this Agreement, the party concerned shall turn to the appropriate court of Ukraine for rewiew and settlement of the dispute.
26. Any additions or amendments to this Agreement shall be executed in written and shall be signed by the parties.
27. In case of violation of this Agreement on the part of the Renter the Rental Company shall be entitled to terminate the effect of this Agreement unilaterally and return the vehicle; in this case the Rental Company shall notify the Renter on the termination of this Agreement.
28. At time of execution of this Agreement the Renter shall agree to the following:
- the information indicated in this agreement and referring tо the Renter is true and correct. Incorrect information can not result in making this Agreement invalid.
- the vehicle provided to the Renter is in technically proper condition.
- the Renter has been made familiar with the traffic rules that are effective in the territory of Ukraine and shall undertake to comply with them.
- the Renter shall authorize the Rental Company to receive all the required amounts in accordance with the Agreement and for its execution from the credit card of the Renter, its details are indicated in paragraph (15) of this Agreement, including the costs for the reimbursement of the fuel and other amounts that the Renter shall pay in accordance with this Agreement.
|
Rental rules and conditions