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GENERAL TERMS AND CONDITIONS OF VEHICLE RENTAL
For the purposes of the terms and conditions of this rental Agreement (hereinafter ‘Agreement’), the Lessee is the person leasing the vehicle specified on the reverse of the Agreement (hereinafter ‘Vehicle’), and the Lessor is the company leasing the Vehicle.
1. Terms and conditions of using the Vehicle
1.1. The Lessee is required to operate the Vehicle properly and prudently according to the terms and conditions as well as to the intended purpose specified in the Agreement.
1.2. The Vehicle must not be used to tow other means of transport, for driving lessons, motor vehicle sports training and competitions, provision of paid services, and for freight.
1.3. The Lessee may transfer the driving of the Vehicle to a third party only in the event that the Lessor has made a note to this effect in the Agreement. Where the driving right is transferred to a third party, the Lessee is required to familiarise the terms and conditions of the Agreement to the driver. Transfer of the driving right to a third person does not release the Lessee from the obligation to adhere to the terms and conditions of the Agreement, and the Lessee remains responsible for the acts of the third person as if the Lessee was performing such acts.
1.4. The Lessee or a third party to whom the Lessee has transferred the driving right must hold a driving licence effective in the Republic of Estonia, have at least two years of driving experience and be at least 20 years of age.
2. Obligations of the Lessee in operating the Vehicle
2.1. Before the commencement of the lease period and delivery of the Vehicle by the Lessor to the possession of the Lessee, the Lessee is required to inspect the Vehicle thoroughly to detect potential damages. Should any damages be detected, a note to this effect must be made in the Agreement. If the Lessee does not detect any damages and does not request that a note to this effect is made in the Agreement, it shall be assumed that the Vehicle is technically sound, without external defects and malfunctions as at the moment of lease, and that the Lessee has no complaints regarding the Vehicle.
2.2. The Lessee must, upon parking the Vehicle, lock the doors of the Vehicle and activate the alarm system. If the Lessee stays with the Vehicle abroad, the Lessee must ensure the safety of the Vehicle and, preferably, park the Vehicle in a guarded parking area during night hours.
2.3. The Lessee is required to ensure that the documentation and keys of the Vehicle are preserved.
2.4. The Lessee is required to pay in full to the Lessor all fines issued to the Lessee during the lease period (wrong parking, tickets for violation of traffic rules, etc.). The Lessor may claim such fines from the Lessee if the Lessee fails to pay the fines to the Lessor and the existence of such fines is discovered during or after the lease period. In the aforementioned cases, the Lessee undertakes to pay to the Lessor, besides the amount of the fine, also the processing fee of the Lessor of EUR 100 for each fine.
3. Liability of the Lessee
3.1. The Lessee is liable for the destruction, loss of and damage to the Vehicle that occurs during the time when the Vehicle is in the possession of the Lessee, except where the Lessee demonstrates that the destruction, loss of or damage to the Vehicle occurred under circumstances that did not arise from the Lessee or the third person to whom the Lessee had transferred the driving right under clause 1.3 of the Agreement. The Lessee is not liable for normal tear and wear, deterioration of the Vehicle or for changes caused by the contractual operation of the Vehicle.
3.2. The Lessee is fully liable for damages caused to the Vehicle or its equipment if:
3.2.1. the damages to the Vehicle and the Lessor were caused intentionally and wrongfully by the Lessee;
3.2.2. the Vehicle was driven under the influence of alcohol or other narcotic substances;
3.2.3. the Vehicle was used in violation of the laws of the Republic of Estonia or for unlawful purposes (such as to commit a crime);
3.2.4. the Vehicle was used contrary to current traffic regulations;
3.2.5. the Vehicle was used in violation of the conditions laid down in clause 1 of this Agreement;
3.2.6. the documentation and/or keys of the Vehicle were lost or stolen from the Lessee due to the carelessness or negligence of the Lessee;
3.2.7. the Vehicle was lost or stolen due to the negligence (incl. in the case covered by clause 3.2.6) or wrongful conduct of the Lessee;
3.2.8. the Vehicle was driven with a deflated tyre.
3.3. The Lessee is required to compensate the Lessor for:
3.3.1. damages caused to the Vehicle or its equipment in full according to the price lists of the location of the Lessor’s sales and service entities;
3.3.2. the full cost of the parts and additional equipment of the Vehicle lost, stolen or damaged as laid down in clause 3.3.1 if insurance does not cover the case;
3.3.3. the Lessee is required to pay to the Lessor the repair costs of a deflated tyre in the amount of one hundred euros (EUR 100) per one tyre, or the replacement costs of a tyre if it is completely destroyed and unfit for use;
3.3.4. the Lessee is required to pay to the Lessor any loss of earnings caused to the Lessor by the idle time of the Vehicle due to its temporary inoperability because of an accident or any other damage caused to the Vehicle at the fault of the Lessee to the extent of the 30 days of rent. The idle time is counted from the day of the accident or damage until the day the Vehicle becomes operable;
3.3.5. in cases laid down in clause 3.2 of the Agreement, the Lessee is required to pay to the Lessor any loss of earnings in full according to the price list of the Lessor up until the Vehicle has been made operable or the market price of the Vehicle has been compensated by the Lessee;
3.3.6. if the Vehicle used by the Lessee is damaged or stolen, lost or destroyed and the damages are reimbursed by an insurance company under the terms and conditions of insurance, the Lessee shall pay to the Lessor the deductible specified on the reverse of the Agreement.
3.4. The Lessee is fully liable for any damages caused by the Vehicle as a major source of danger.
4.1. The Lessor may request that the Lessee pays the rent and deposit in advance based on the current price list. The Lessor makes a note in the Agreement to the effect that the advance payment and deposit have been paid and the Lessee may offset such amounts against leasing services.
4.2. Where a natural or legal person fails to show up by the commencement of the lease period to rent the Vehicle, the person that signed the Lease Agreement shall be liable for the payment of the rent.
5. Obligations of the Lessor
The Lessor undertakes to deliver to the Lessee an operable Vehicle with all required documents at the agreed/specified in the Lease Agreement time and place. If the Lessor fails to deliver the Vehicle to the Lessee at the agreed time and place, the Lessee is entitled to a discount from the rent or to waive the Agreement. In case there is a delay in delivering the Vehicle, the Lessor shall reimburse the Lessee for damages up to the extent of one day’s rent.
6. Fuel and maintenance of the Vehicle
6.1. The Lessee is required to pay for the fuel consumption of the Vehicle over the lease period. The Lessee is required to compensate the Lessor for damages in full if fuel with a wrong octane number is used to refuel the Vehicle.
6.2. The Vehicle is delivered to the Lessee with a topped-up tank and is to be returned by the Lessee likewise.
6.3. The Lessor performs technical maintenance on the Vehicle. The Lessee ensures day-to-day inspection of the technical condition of the Vehicle by inspecting the condition of tyres, engine oil and cooling agent levels, operability of the lighting appliances, check lamps and steering systems.
7. Obligations of the Lessee in cases of damages, accidents or thefts
7.1. The Lessee is required to notify the Lessor promptly of any damages caused to the Vehicle, accidents involving the Vehicle or theft of the Vehicle, and act according to the instructions given by the Lessor when the Vehicle was rented.
7.2. In case of a traffic accident or theft, the Lessee is also required to notify the police.
7.3. In case of a traffic accident, the Lessee is required to fill in the form “Notice of a traffic accident” found in the Vehicle.
7.4. If the Lessee fails to adhere to the provisions of clause 7, the Lessee shall be fully liable for any damages caused to the Lessor.
8. Liability of the Lessor in the case of a malfunction of the Vehicle
8.1. The Lessor is not liable for any damages that may be directly or indirectly caused to the Lessee due to the discontinuance of the lease period or delays because of a malfunction of the Vehicle. If a malfunction is suffered during the lease period, the Lessee is entitled to a discount from the rent unless the Lessor demonstrates that the Lessor has made every effort to ensure the operability of the Vehicle.
9. Return of the Vehicle by the time specified in the Lease Agreement
9.1. The Vehicle must be returned at the agreed/specified in the Agreement time and place. The Lessor must be given at least eight hours of prior notice about any changes in the time or place of returning the Vehicle. The Lease Agreement is deemed terminated after the Vehicle has been returned, or the Lessee has received confirmation of its return, to the place agreed beforehand or specified in the Lease Agreement.
9.2. If the Lessee fails to return the Vehicle to the Lessor at the agreed/specified in the Lease Agreement place and time and no arrangements have been made with the Lessor regarding the extension of the Lease Agreement, the Lessor shall report the loss of the Vehicle to the police, report it missing and may take other measures as required.
9.3. If the lease period is exceeded by more than 24 hours without any agreement to this effect or consent of the Lessor, the Lessor may demand from the Lessee a double rent for each day delayed over the lease period.
10. Return of the Vehicle ahead of the time specified in the Lease Agreement
10.1. If the Lessee returns the Vehicle ahead of the final deadline of the Lease Agreement, the rent shall be calculated up to the end of the period.
11. Discontinuation of the Lease Agreement
11.1. The Lessor may discontinue the Lease Agreement if it emerges that the Lessee has fundamentally violated the terms and conditions of the Lease Agreement, provided false information to the Lessor upon renting the Vehicle, or is incapable of operating the Vehicle.
11.2. If the use of the Vehicle becomes impossible due to a damage to, malfunction of, accident with or theft of the Vehicle, the Lease Agreement shall be deemed terminated from the moment written information to this effect reaches the Lessor.
11.3. If the Lessor demands discontinuance of the Agreement on the grounds specified in this clause, the Lessee shall immediately return the Vehicle to the Lessor.
12. The Lessee is prohibited from driving the Vehicle outside Estonia unless the Lessor has consented to it in advance and a note to this effect has been made in the Lease Agreement.
13. Settlement of disputes
Any disputes arising from this Agreement shall be settled by negotiations between the Lessor and the Lessee. If the Lessor and the Lessee fail to come to an agreement, the dispute shall be referred to Harju County Court.