GENERAL BUSINESS TERMS AND CONDITIONS FOR VEHICLE RENTING
- I. Vehicle rental contract
- The present General Business Terms and Conditions for Vehicle Renting (“GBTC”) form a part of the Contract. The following terms are used in the Contract and in GBTC: The Price List is the Lessor´s price list which is annexed to the Contract; the Parties are the Lessor and the Lessee specified in the Contract, jointly and/or each of them separately; the Vehicle is the motor vehicle specified in the Contract together with Vehicle Accessories; the Contract is the Vehicle rental contract concluded between the Parties.
- The Lessor is letting the Lessee temporarily (during an agreed period of time) use the Vehicle in return for payment based on the Contract. The Lessee undertakes to use the Vehicle in accordance with the Contract and to pay the Rent to the Lessor for using the Vehicle.
- The Lessor receives orders for the Vehicle rent in electronic form on www.europcar.sk, by telephone or in person at Lessor´s branches or at contractual partners´ (“Order”) Any Order shall not be placed later than 24 hours before the planned rental start, otherwise the Lessor is not obliged to confirm it. The Lessee shall be entitled to cancel the Order by sending an e-mail to email@example.com, by telephone or in person at Lessor´s branches, free of charge no later than 48 hours before the agreed rental start. Any later cancellation of an Order shall be charged for in accordance with the valid Price List.
- All communication between the Parties shall be made in person at Lessor´s branches or in writing or by e-mail (firstname.lastname@example.org) or by telephone (+421/2 5556 6666).
- II. Taking over and returning the Vehicle
- The Lessor shall hand over the Vehicle to the Lessee and the Lessee shall take over the Vehicle when signing the Contract. When taking over the Vehicle, the Lessee shall check the condition of the Vehicle, in particular:
- usability of the Vehicle;
- obvious damage;
- basic functionality of the Vehicle;
- mandatory equipment (first-aid kit, breakdown warning triangle, tow rope, tyre repair set or spare wheel, jack and wrench for vehicle assembly), including documents necessary for using the Vehicle and security equipment, Vehicle registration certificate (“Accessories”);
- amount of fuel (“Fuel”) and windscreen washing or defrosting fluids;
- cleanliness of the Vehicle (inside and outside);
- presence of all the necessary documents in the Vehicle.
- The Lessee shall report any defects and/or damage and/or comments related to the Vehicle when taking over the Vehicle at the latest, while they shall be reported to the Lessor immediately (usually within 10 minutes), otherwise it shall be understood that the Lessee has taken over the Vehicle without any defects and/or damage and/or comments. The Lessee shall report any defect and/or damage which has occurred during the Vehicle operation to the Lessor immediately (usually within 10 minutes) and follow the Lessor´s instructions; if the defect and/or damage makes it impossible to use the Vehicle, the Lessee shall also pull the Vehicle over at the nearest safe place. If the Lessee does not act in accordance with the provision of this paragraph, the Lessee shall be liable for any defects and/or damage to the Vehicle (regardless of fault).
- Returning the Vehicle - Lessee:
- The Lessee shall return the Vehicle at the place agreed upon in the Contract when the rental period finishes; the Lessee may return the Vehicle at a different place only after an agreement with the Lessor and for a fee in accordance with the Price List. The Vehicle shall be in an excellent condition (without any defects, damage, malfunctions, taking into account the usual wear and tear), with a tank full of the right type of Fuel and with all Accessories, not excessively dirty, otherwise the Lessee shall reimburse the Lessor for the damage incurred. If the tank is not full, the Lessee shall also pay an amount corresponding to the volume of Fuel needed for filling up the tank and a fee according to the Price List. If the Lessee has filled the tank with a wrong type of Fuel, the Lessee shall also pay an amount corresponding to the tank full of the right Fuel and also reimburse the Lessor for any potential damage incurred as a result of using the wrong type of Fuel. The Lessee shall pay a fee for each piece of the Accessories which the Lessee took over upon the Vehicle rental start but did not return. The Lessee shall pay its value and a fee in accordance with the Price List.
- Upon the process of returning the Vehicle, the Lessor shall inspect the Vehicle together with the Lessee and they shall write a Vehicle status protocol (“Protocol”) containing all identified damage/defects of the Vehicle.
- If the Parties identify any damage during the process of returning which was not identified when the Vehicle was being taken over by the Lessee at the rental start, the Lessee shall confirm the damage with his or her signature in the Protocol. In the case of tolerated damage, the Lessor shall not claim any costs for the identified damage from the Lessee. The list of tolerated damage is available on www.europcar.sk as well as at each Lessor´s branch. In the event of any other damage, Article VI below shall be followed. If the Lessee has refused to sign the Protocol, the Lessor shall act in accordance with sub-paragraphs (b) and (c) below.
- If the Lessee returns the Vehicle after the opening hours without presence of the Lessor, the Lessee shall put the Vehicle keys together with all documents to the key box. The Lessor shall inspect the Vehicle without the Lessee.
- If the Lessor has identified any damage when inspecting the Vehicle after rental termination and/or if the Lessee has refused to sign the Protocol, the Lessor shall send to the Lessee:
i. A protocol where all the identified damage is displayed and described;
ii. a photographic documentation of the damage;
iii. quantification and claim for the damage in accordance with Article VI below shall be followed.
- If the Lessee refuses to be liable for the damage and/or disagrees with the amount of the claimed damage, the Lessee shall contact the Lessor by e-mail to: email@example.com or in writing no later than 14 days after the damage claim is delivered by the Lessor. The Lessee may also lodge a complaint through the customer service on: firstname.lastname@example.org.
- The Lessor is granting a reserve time of maximum 59 minutes to the Lessee for returning the Vehicle which is included in the Rent.
- If the Lessee is delayed with returning the Vehicle and/or any part of the Accessories after the Vehicle rental has finished, the Lessor shall be entitled to withdraw the Vehicle from the Lessee or to take other steps. Any costs related to withdrawing the Vehicle/other steps shall be borne by the Lessee and paid to the Lessor. If the Lessee is delayed with returning the Vehicle, the Lessee shall still pay the Rent until the Vehicle is returned. In addition, the Lessee shall pay a contractual fine amounting to EUR 500 to the Lessor for the time he or she was delayed with returning the Vehicle if, in spite of a Lessor´s warning, the Lessee has failed to return the Vehicle in an appropriate additional period of time specified by the Lessor.
- III. Rent and its due date
- The Lessee is obliged to pay the Rent agreed upon in the Contract. The Rent is determined as an amount payable for one day of renting (“Daily Rate”) and the number of days of the rental period. The Minimum rental period shall be one day. One rental day shall be understood as 24 hours after the rental start; the rental start shall be understood as the time (day and hour) when the Vehicle was taken over by the Lessee. The rental period shall also include the time of concluding the Contract and handing over and taking over the Vehicle. If the actual rental period is shorter than 24 hours, the Lessor shall charge the Rent for one day. If the agreed rental period is exceeded by more than 59 minutes, another Daily Rate shall be charged.
- The Rent shall be payable: (i) on the rental start day, unless the rent is longer than 30 days; (ii) on the first day of the relevant calendar month, if the rent is longer than 30 days.
- The Lessee agrees and bears in mind that due to its tax obligation the Lessor is entitled to charge the Rent and issue a separate invoice for each finished calendar month of the rent, namely as at the last day in the month, even if the rent continues also after the turn of the calendar months.
- The Rent shall include: The basic cover for damage, road tax, agreed mileage, cleaned and washed Vehicle. If the rent is shorter than one month, an unlimited mileage is permitted. If the rent is longer than one month, the permitted mileage expressly stated in the Contract or in the Price List shall apply; the Contract or the Price List shall also contain a fee payable when the mileage is exceeded. If the agreed mileage limit has been exceeded, the Lessee undertakes to pay a fee in accordance with the valid Price List for each extra kilometre made.
- The Lessor shall be entitled to unilaterally change the Rent amount (particularly as a result of any change to the insurance premium amount, road tax, etc.). Any change to the Rent shall be notified by the Lessor to the Lessee in writing. No later than three working days after receiving a written notification of a change to the Rent amount, the Lessee shall be entitled to withdraw from the Contract in writing for such reason and also to hand over the Vehicle to the Lessor during such period of time. If the Lessee has not withdrawn from the Contract and/or not returned the Vehicle to the Lessor in the above-stated period of time, it shall be understood that the Lessee agrees with the Rent change and undertakes to pay the Rent in the changed amount from the Rent change notification delivery date, unless a later effective date of the Rent change is specified in the notification.
- If the Lessee is delayed with any Rent payment, the Lessee shall pay a fee for the delay from the sum due in the amount in accordance with the valid legislation for every day of delay until the full settlement.
- If the Lessee has returned the Vehicle before the end of the agreed rental period, the Lessee shall pay the agreed Rent to the Lessor for the entire period, unless the Parties have agreed otherwise.
- When concluding the Contract, the Lessor shall be entitled to ask the Lessee for a relevant collateral to cover the costs related to Vehicle rent and any potential damage caused by the Lessee (“Deposit”). If the rental period has been exceeded and/or any damage caused to the Vehicle and/or any Lessee´s obligation under the Contract or under GBTC has been violated, the Lessor shall be entitled to use the Deposit to pay such costs. The Lessor shall inform the Lessee of using the Deposit. If the Lessor has not used the Deposit, the Lessor shall be obliged to return the Deposit or its unused part to the Lessee within 10 days after all Lessor´s claims towards the Lessee have been settled.
- The Lessee agrees that his or her credit card may be used for settlement of any Lessor´s claims towards the Lessee related to Vehicle rent (particularly claims related to Vehicle rent and use, Fuel, traffic offences, etc.), namely for a period of 36 months after the Vehicle rental termination and/or as long as the Lessor has any claims resulting from a violation of the Contract and/or the present GBTC by the Lessee.
- IV. General terms
- The Lessee shall bear all costs related to common Vehicle maintenance and operation during the rental period, particularly costs of Fuel, working fluids, fees for using highways or parking fees.
- The Lessee undertakes to reimburse the Lessor for any rights exercised (costs claimed) towards the Lessor as a result of the violation of any legal obligation (particularly road traffic regulations) during the rent and/or resulting from Vehicle operation during the rent and/or related to Lessor´s liability during the rental period, even if claimed towards the Lessor after the rental termination.
- The Lessee shall be entitled to use the Vehicle only in the territory of the European Union, with the exception of Rumania, unless expressly stated otherwise in the Contract. The Lessee shall inform the Lessor if he or she will use the Vehicle also outside the Slovak Republic. The use of the Vehicle outside the Slovak Republic shall be charged for in accordance with the valid Price List.
- If the Lessee needs any additional Vehicle equipment (e.g. child seats, snow chains, roof racks, etc., “Additional Equipment”) or any additional service (e.g. another driver, bringing the Vehicle elsewhere than to a branch, bringing the Vehicle after the opening hours, etc., “Additional Service”), the Lessee shall request those already in the Order, in any case when concluding the Contract at the latest. Additional Equipment or Additional Services are not included in the Rent and they shall be charged for in accordance with the valid Price List.
- V. Lessee´s obligations
- Lessee´s obligations related to Vehicle rent are specified in the Annex 1.
- VI. Vehicle damage, loss, theft or destruction
- The Lessee undertakes to protect the Vehicle against any damage, loss, theft or destruction and also to prevent any personal injury or damage to property of other persons (“Damage”). The Lessee shall be liable for all such damage caused.
- The Lessee shall immediately inform the Lessor of any Damage and act in accordance with Lessor´s instructions, otherwise the Lessee shall be held liable for all the damage incurred and also for the damage caused to the Lessor by a failure to perform such obligation in due time.
- In the event of any road accident or other damage to the Vehicle, the Lessee shall inform the Lessor thereof in writing. Lessee´s written notification of the road accident (damage to the Vehicle) to the Lessor shall also include a written report containing mainly names, surnames and addresses of all persons involved in the accident and potential witnesses, registration numbers of vehicles involved in the accident, identification of the relevant Police unit investigating the accident. The Lessee shall report the damage also to a relevant Police unit in any of the following cases: (i) it is a lawful obligation; (ii) the damage incurred is higher than EUR 3,990; (iii) the Lessee has caused damage to any third person or there has been any personal injury or death.
- In the event of any Damage the Lessee shall pay a deductible to the Lessor as follows:
- 10% of the damage specified by an authorized repair workshop (in any case at least EUR 330); or
- 15% of the damage specified by an authorized repair workshop (in any case at least EUR 330) in the event of any identified violation of road traffic regulations; or
- in the event of complete destruction, loss or theft of the Vehicle - in the amount in accordance with the valid Price List; or
- in the case of intentional damage or damage caused under the influence of alcohol or other narcotic or psychotropic substances, in the event of any theft of the Vehicle and/or Accessories, refusal to take an alcohol breath test, leaving the accident site, letting a third person drive the Vehicle without a prior written consent of the Lessor, driving the Vehicle abroad without a prior written consent of the Lessor - 100% of the damage specified by an authorized repair workshop.
- When the Lessee leaves the Vehicle during the rental period, he or she shall not leave the vehicle registration certificate in the Vehicle but take it with him or her.
- In the event of any Vehicle theft or loss, the Lessee shall return Vehicle documents (vehicle registration certificate) to the Lessor and, if the Vehicle was equipped with Accessories which the Lessee was obliged to take with him or her before leaving the Vehicle, the Lessee shall also return such Accessories to the Lessor.
- Repairs and/or mandatory regular checks of the Vehicle shall be performed exclusively by the Lessor, unless stated otherwise in each particular case. The Lessee shall not pay the Rent for the Vehicle repair period as stated in this paragraph. If the Lessor provides a replacement vehicle to the Lessee in such case, the Lessee shall pay the Rent also during the period of repair/regular check of the originally provided Vehicle.
- In the event of any sudden and necessary need to repair the Vehicle not caused by the Lessee, the Lessee shall be entitled to ask an authorized repair workshop in the territory of SR to perform the repair with a prior written approval of the subject of repair and of the price for the repair by the Lessor. Providing that the procedure stated in the present paragraph has been complied with, the Lessor shall reimburse the Lessee for all costs expended on the Vehicle repair, namely within 10 days after the Lessee has presented a document proving their payment. The Lessee shall not pay the Rent for the Vehicle repair period as stated in this paragraph.
- VII. Cover for damage
- In the Rent the Lessor provides Basic Cover for damage (Basic package) which includes limited cover in the case of Vehicle theft, total loss or damage to the body during the rent. The price of the Basic Cover for damage is included in the Price List. Basic Cover for damage shall not apply to any damage caused by vandalism, non-tolerated damage to the body and undercarriage, non-tolerated damage to glass, lights and tyres, personal belongings of the Lessee and driver and passengers, damage caused by negligent behaviour of the driver, wrong/excessive use of the Vehicle, deliberate action of the driver, transport of dangerous material, the use of wrong fuel and loss of keys. A list of tolerated damage is available on www.europcar.sk or at each Lessor´s branch.
- The Lessee shall be entitled to increase the Basic Cover of damage by additional cover which is not included in the Rent and is charged for in accordance with the valid Price List (“Additional Cover”). The Lessee shall be entitled to choose from the following types of Additional Covers:
- Additional Cover - Medium includes the Basic Cover and any damage caused by vandalism, non-tolerated damage to the body and undercarriage, non-tolerated damage to glass, lights and tyres.
- Additional Cover - Premium includes the Basic Cover and Additional Cover Medium and damage to personal belongings of the Lessee, driver and passengers up to EUR 300.
- Super Accident Cover for Damage Package (SPCDW) – covers all the damage caused to the Vehicle during an accident caused by the driver. In the event of any accident covered by this insurance, the Lessee shall only pay an agreed deductible.
- Super Cover Against Theft Package (SPCHW) - covers all the damage caused by Vehicle theft. In the event of any accident covered by this insurance, the Lessee shall only pay an agreed deductible.
- VIII. Final provisions
- The Contract has been concluded for a definite period of time and it shall be valid until the termination of the rental period agreed upon in the Contract. The Contract validity may only be extended based on agreement of the Parties. The Lessee shall be entitled to ask the Lessor for extending the rental period no later than 24 hours before the end of the agreed rental period in writing or by e-mail (email@example.com) or by telephone. The Lessor shall be entitled to grant a consent with extending the rental period by an expressly specified period of time in writing or by e-mail or text message (SMS); such procedure shall be understood as an agreement of the Parties on extending the rental period and also on extending the Contract validity The Parties shall confirm extending the rental period by a written amendment to the Contract.
- The Lessor shall be entitled to withdraw from the Contract in particular: (i) if the Lessee is delayed with payment of the Rent or its part by more than 15 days after its due date; (ii) if the Vehicle is used in contradiction to the Contract; (iii) in the event of death of the Lessee or cessation of the Lessee without a legal successor; (iv) in the case of damage to the Vehicle; (v) in the case of other major or minor violation of the Contract and/or GBTC by the Lessee in accordance with the valid legislation. The Vehicle rent shall also terminate upon the Vehicle destruction, loss or theft.
- The Contracting Parties have agreed that any legal relationships resulting from the Contract, including relationships related to its conclusion, validity, violation of obligations and consequences of violations of obligations shall be governed by the Slovak legislation, and in accordance with § 262 (2) of the Commercial Code, their contractual relationship established by the Contract shall be governed by the Commercial Code (in cases when the Lessee is a consumer, relationships resulting from the Contract shall be governed by the Civil Code). Any disputes resulting from the Contract, including disputes related to its conclusion and validity, fall within the competence of Slovak courts. The Parties have agreed that any disputes shall be resolved by a competent court according to the Lessor´s registered office.
- Existence of the right to or payment of a contractual fine shall not affect the right of the Parties to compensation of the damage, while the Parties shall compensate the damage exclusively in the amount exceeding the contractual fine, unless stated otherwise in each particular case.
- Lessee´s postal address shall be the address specified in the introductory part of the Contract. In the case of any change to his or her address, the Lessee shall deliver a written notification to the Lessor containing a new address, while such address shall be considered Lessee´s postal address from the notification delivery date. Lessor´s postal address shall be the address registered in the Business Register. Unless agreed otherwise, any documents related to the Contract/GBTC shall be delivered to the other Party:
- in person, while the receiving Party shall confirm the acceptance; if the Party has refused to accept the document, such document shall be considered delivered on the date it was refused; or
- by registered mail; if the sent document returns back as undelivered for any reason, it shall be considered delivered on the date it was returned; or
- otherwise as expressly agreed upon in each particular case. Any written documents the content of which relates to Contract validity, effectiveness or wording, or the content of which is considered important by the delivering Party for any other reason, shall be considered delivered only if delivered in the form as specified in (a) or (b) above.
- The Contract or GBTC may only be amended in writing, unless stated otherwise in each particular case. The Slovak version of the Contract and of GBTC shall prevail, particularly in the event of any discrepancy between the Slovak version of the Contract and/or GBTC and their translation into another language.
- The Lessee represents that he or she has read GBTC, fully understood them and signed them in witness of his or her agreement with their content.
In Bratislava, dated
On behalf of the Lessor:
On behalf of the Lessee:
The Lessee undertakes to use the Vehicle only for the purpose it usually serves for, in a manner not more intensive than usual use, in particular:
- The Lessee shall not use the Vehicle and shall not allow other persons to use the Vehicle in a condition not appropriate/permitting them to drive the Vehicle; on surfaces not forming the road network, at motor/sport events;
- The Lessee shall not sell, use as a collateral, donate, sub-lease and/or lend the Vehicle to third parties;
- The Lessee shall not drive the Vehicle abroad without a prior written consent of the Lessor;
- The Lessee shall follow the instructions of the Lessor and/or manufacturer of the Vehicle and/or its parts or accessories;
- The Lessee shall not let a different person drive/use the Vehicle; the above-stated shall not apply to a Lessee who is a legal entity or entrepreneur - these are entitled to let Lessee´s employees and/or members of the statutory body use the Vehicle, unless stated otherwise in the Contract; a prior written Lessor´s consent is needed for letting a different person drive the Vehicle and it shall be charged for in accordance with the valid Price List;
- If the Vehicle is equipped with security equipment (security alarm, mechanical security equipment), the Lessee shall activate such equipment every time he or she leaves the Vehicle so that the Vehicle is duly locked and secured; The Lessee shall not leave Vehicle documents in the Vehicle when leaving it;
- If the Vehicle is equipped with a detachable radio, radio with a detachable panel or code card, the Lessee shall detach the above-stated every time when leaving the Vehicle and secure them against theft;
- The Lessee shall refrain from making any modifications to the Vehicle; otherwise the Lessee shall bring the Vehicle to its original condition before the rent termination at his or her own costs;
- The Lessee shall bring the Vehicle to the Lessor´s branch on request of the Lessor in order to check if the Vehicle is used in accordance with the Contract. The Lessor undertakes not to misuse the above-stated right and not to restrict the Lessee in using the Vehicle without a reason;
- The Lessee shall tolerate any restriction in the use of the Vehicle for the period of time necessary for performing repairs, maintenance and check in accordance with the present GBTC;
- The Lessee shall bring the Vehicle to the Lessor´s branch for a regular service check when the Lessee has driven more than 500 km with the Vehicle at the latest. In the event of any violation of such obligation, the Lessee shall pay a fee in accordance with the valid Price List;
- The Lessee shall immediately notify the Lessor of any change to Lessee´s data contained in the Contract (mainly registered office, place of business, permanent address, contact data);
- The Lessee shall keep the interior of the Vehicle clean; if the interior of the Vehicle is excessively dirty when the Vehicle is being returned, the Lessee shall pay a fee in accordance with the Price List;
- The Vehicle may be used only for private transportation of persons, animals, luggage and load in accordance with the valid legislation; It is not permitted to use the Vehicle to transport oversized loads, loads exceeding the acceptable Vehicle weight or to transport persons in return for payment; it is also not permitted to use the Vehicle to transport light flammable, radioactive, poisonous or other hazardous materials; for towing or driving any other vehicle or trailer;
- The Lessee shall bear in mind that it is forbidden to smoke in the Vehicle;
- The Lessee has been made familiar with the fact and agrees that all Vehicles are equipped with Vehicle location tracking technology (GPS);
- The Lessee shall have a valid driver´s license with him or her during the entire period of time when the Vehicle is being used, as well as other documents in accordance with the general binding legal regulations applicable at the place of the use.