Terms of rent

I. Goal and object of contract, delivery and return thereof

 

1. This commercial lease contract of vehicle provides the rights and obligations of the lessor of the vehicle for leasing the vehicle and the rights and obligations of the lessee of the vehicle (incl. the user of the vehicle) for receiving the vehicle for renting, using it and returning the same to the lessor.

2. The lease contract is made and entered into for leasing, renting and using one leasable vehicle in the period on which the parties have agreed in this commercial lease contract of vehicle.

3. This commercial lease contract of vehicle includes, as an integral part, special terms and conditions of the commercial lease contract of vehicle that the lessee of the vehicle has examined in detail, understood and undertakes to adhere to these when renting, using and returning the vehicle and to behave in relations with the lessor in accordance with these and the lessee of the vehicle represents and warrants the same by signing this commercial lease contract.

4. The object of the commercial lease contract of vehicle is the leasable vehicle set out in Part II of the Preamble of this contract.

5. The leasable vehicle shall be delivered by the lessor and received by the lessee on the basis of a checklist of the vehicle and the lessee of the vehicle checks the technical condition of the vehicle and compliance thereof with applicable requirements upon receipt of the vehicle and confirms with their signature that it is in compliance with that set out in the checklist of the vehicle.

6. The lessee of the vehicle undertakes to return the vehicle to the lessor in the place, on the date and at the time set out in the commercial lease contract and in the same technical condition, with the same equipment and the same documentation as it was when receiving the vehicle for renting. When returning the rented vehicle according to a different procedure, the lessee of the vehicle is obliged to make an additional agreement thereon with the lessor according to the procedure established by the lessor for returning a vehicle outside the term for return.

7. If the lessee returns a leased vehicle in a condition where it needs cleaning or other maintenance (is not in the condition in which the lessee obtained possession of the vehicle), then, prior to the delivery, the lessee shall organise setting the vehicle in good condition for delivery thereof or the lessee shall pay the lessor for the expenses incurred in connection with setting the vehicle in good condition or maintenance (cleaning, etc.) thereof.

8. Renting the vehicle is for a charge and the rental charge of the vehicle must be paid for a period of 24 hours from the moment the lessee obtained possession of the vehicle until the return thereof to the lessor in accordance with the procedure and in the condition prescribed in the contract or additionally.

 

II. SPECIAL TERMS AND CONDITIONS OF COMMERCIAL LEASE CONTRACT OF VEHICLE

The lessor of the vehicle represents and warrants and the lessee is aware of the following: the leased vehicle or the right to use the same belongs to the lessor and, with the aforesaid, the lessor holds the right to lease the vehicle and grant the same to the use of the lessee.

With this commercial lease contract of vehicle the lessor and the lessee of the vehicle have agreed on the condition that leasing the vehicle as well as renting and using the same by the lessee shall take place strictly under the terms and conditions provided for in this lease contract and in terms and conditions not regulated by this commercial lease contract of vehicle the parties shall be guided by law.

 

1. Obligations and rights of lessor of vehicle

1.1 The lessor of the vehicle shall deliver the vehicle to the lessee in working order and in compliance with applicable requirements along with the ancillary equipment (incl. with the vehicle locator system, if possible) and documentation, incl. ancillary equipment that has been requested by the lessee of the vehicle, set out in the checklist of the vehicle and belongs to the vehicle upon leasing the vehicle.

1.2 The lessor of the vehicle generally undertakes to deliver the vehicle to the lessee with a full tank of fuel, unless the parties have agreed otherwise upon leasing the vehicle.

1.3 The lessor of the vehicle shall have the right to immediately require that the lessee of the vehicle or the user of the vehicle return the leased vehicle upon expiry of the term for return of the vehicle as provided for in the commercial lease contract of vehicle, unless the parties have agreed additionally otherwise, and, in order to exercise this right, to take all legal remedies arising from law.

1.4 The lessor of the vehicle shall have the right to require a charge, compensation for damage or a contractual penalty from the lessee for renting the vehicle according to the terms and conditions of this commercial lease contract of vehicle.

The lessor of the vehicle shall have the right to require a charge and compensation for damage for using the vehicle from the user of the leased vehicle on the basis arising from this commercial lease contract and from law since the user is a person who assumes solidary liability for the obligations of the lessee of the vehicle.

1.5 The lessor of the vehicle shall in no extent be liable for damages or claims related to the leased vehicle or use thereof by the lessee or the user, incl. also at the time not specified in the commercial lease contract, incl. at the time the vehicle is in the possession of the lessee, if the lessor’s fault in giving rise to or generating the claim or damage cannot be proved. The lessor shall not be liable for any consequences arising from the behaviour of the lessee of the leased vehicle, the user of the vehicle or other persons and for their property or other damage from the moment of leasing the vehicle until returning the vehicle to the lessor in accordance with the procedure prescribed in this contract as well as after that.

1.6 The lessor of the vehicle shall have the right to take, at any time and at the expense of the lessee, the leased vehicle back into their possession if the lessee has violated the terms and conditions of this contract.

1.7 The lessor shall have the right to preserve and process the personal data of the lessee of the vehicle and the user of the vehicle arising from the commercial lease contract of vehicle according to the protection of their legitimate interests (to ascertain whether the lessee and user of the vehicle are creditworthy, to protect the property of the lessor, for the purpose of statistical analysis, etc.).

If the lessee of the vehicle, incl. the user of the vehicle, violates the obligations arising from this contract, the lessor of the vehicle shall have the right to disclose the data about the lessee of the vehicle, incl. the user of the vehicle, to third parties for the protection of the interests of the lessor of the vehicle.

 

2. Rights and obligations of lessee of leased vehicle

2.1 The rights of the lessee of the vehicle shall arise from the provisions of this commercial lease contract of vehicle.

2.2 Liability of lessee of vehicle upon damages to leased vehicle

2.2.1 During the lease period the lessee of the vehicle shall assume full liability for any damages arisen to the vehicle, its parts and ancillary equipment, incl. for damages, theft and loss, and undertakes to compensate the lessor of the vehicle in full for any expenses related thereto.

2.2.2 In the event of each burst of a tyre of the leased vehicle at the time when the lessee of the vehicle is liable for the vehicle (from the receipt of the vehicle until the return thereof to the lessor), the lessee of the vehicle shall be obliged to pay compensation according to the value of the tyre of the vehicle or the valid price list of the lessor of the vehicle.

2.2.3 In the event of losing the ancillary equipment delivered along with the vehicle for the lease period, the lessee shall be obliged to pay the expenses and a penalty according to the valid price list of the lessor of the vehicle.

2.2.4 If the vehicle is involved in a traffic accident during the lease period, the excess of the lessee of the vehicle shall be €191 that the lessee of the vehicle undertakes to pay the lessor in the event of traffic damage according to the excess procedure.

2.3 Lessee of vehicle and entitled user of vehicle

2.3.1 A lessee of the vehicle and its entitled user may be a person of at least 21 years of age, who has held a valid right to drive (driving licence) the leased vehicle for at least 2 years. A person under 21 years of age shall pay a security deposit of 191 euros upon entry into the commercial lease contract of vehicle.

2.3.2 Upon entry into the commercial lease contract, the person who leases the vehicle is obliged to submit their passport or IDcard, a copy of which will be attached to the commercial lease contract of vehicle.

2.3.3 Upon entry into the commercial lease contract, the person who wants to enter into the contract and the entitled user of the leasable vehicle shall present an original of the driving licence, a copy of which shall be attached to the contract. The lessor shall record the entitled user of the leased vehicle in the contract for an additional charge according to the lessor’s respective rate.

2.3.4 The leased vehicle may be driven only by the lessee of the vehicle and/or the persons who have been specified in this commercial lease contract of vehicle as the entitled user of the leased vehicle. It is prohibited for the lessee of the vehicle to transfer the rights and obligations arising from this contract to persons not specified in the contract (third persons) unless an additional written agreement has been made thereon.

2.3.5 It is prohibited for the lessee of the vehicle to grant use of the leased vehicle and, thus, not allow driving the vehicle by a person who has been specified in this contract as the user of the leased vehicle if:

2.3.5.1 the person (including the lessee themselves) does not hold a respective valid right to drive (driving licence) the leased vehicle and/or if there exist other restrictions arising from law;

2.3.5.2 the person (including the lessee themselves) is under the influence of alcoholic, narcotic or other substances or is overtired or with other disorders that hinder safe use of the vehicle;

2.3.5.3 users of the leased vehicle are liable for all the obligations arising from this commercial lease contract of vehicle, should they violate the obligations, similarly to the lessee.

2.3.5.4 the lessee of the vehicle shall be liable, before the lessor of the vehicle, for all the claims for compensation for damage arising from users of the vehicle.

 

3. Use of vehicle

3.1 The lessee of the vehicle shall be liable for prudent use and preservation of the leased vehicle and undertakes to use the vehicle only for the purpose set out for use of the vehicle. If the lessee of the vehicle violates the condition provided for in the commercial lease contract of vehicle, they shall be liable for all the damage in the extent that their behaviour caused to the lessor of the vehicle and in such an event the lessee of the vehicle shall forfeit the right to limited excess despite the insurance cover.

3.2 When leaving the vehicle, the lessee of the vehicle is obliged to lock the vehicle and switch on the alarm system if this belongs to the equipment of the vehicle. The vehicle must be parked in a specially designated place. If the vehicle has been provided with a removable radio or radio panel, it must be taken along and deposited in a safe place when leaving the vehicle. The safety belt and child-safety chairs must be used according to Acts of the Republic of Estonia.

3.3 The lessee of the vehicle is obliged to use the fuel prescribed for the leased vehicle, check the level of oil and other fluids and add them, if necessary, after having driven each 1,000 km. If the leased vehicle is involved in an accident or a technical failure occurs therein, the lessor shall be notified thereof immediately. The leased vehicle may be taken to service or repairs only with the permission or upon an order of the lessor of the vehicle.

3.4 The leased vehicle may not be used:

3.4.1 contrary to the specific purpose thereof and in conflict with the terms and conditions permitted in the registration certificate or technical specifications of the vehicle;

3.4.2. for pushing or towing other vehicles (incl. trailers) and other objects;

3.4.3. for driving on terrain or roads not meant for the leased vehicle;

3.4.4. for the transport of goods not properly fastened;

3.4.5. for the transport of such goods or things whose smell or other detrimental impact damage the vehicle or make the immediate new lease of the vehicle impossible or brings along special cleaning or causes permanent damage;

3.4.6. for participating on rallies, test drives and races;

3.4.7. against traffic rules and other applicable rules;

3.4.8. for unlawful activities;

3.4.9 for subleasing;

3.4.10. for driving in areas prohibited for traffic;

3.4.11 for driving lessons.

3.5 The vehicle may be used only on the territory of the Republic of Estonia, except if otherwise agreed with the lessor of the vehicle in writing in advance.

3.6 The ancillary equipment of the leased vehicle shall include, if possible, the vehicle locator system that the lessor has the right to use to determine the location of the vehicle upon doubt, if the lessee of the vehicle has not returned the leased vehicle by the time prescribed by the contract and has not notified of the circumstances of the late arrival or if the vehicle has presumably driven outside the territory of the Republic of Estonia if this right has not been agreed on separately or in the event of technical failure of the leased vehicle that hinders purposeful and intended use of the leased vehicle.

 

4. Payment terms

4.1 Prior to reserving a vehicle for renting or prior to submitting an order for renting a vehicle, the person who wants to rent a vehicle is obliged to examine in detail the terms and conditions for renting a vehicle as established by the lessor. When reserving a vehicle for renting or prior to entry into a commercial lease contract of vehicle, the person who wants to rent a vehicle shall make a prepayment with which they also confirm that they have examined and agree in full to the terms and conditions for renting a vehicle as established by the lessor. The basis for making the prepayment shall be the conditions of or the order for reserving the vehicle as submitted by the person who wants to rent the vehicle and the calculation which the lessor submits on the basis thereof and which is equal to the amount of the presumed cost of rent, the excess of the lessee of the vehicle, a full tank of fuel and the service charge for refuelling.

4.2 The lessee of the vehicle shall also be liable for the payment of all the obligations arising from the commercial lease contract if the payer is a third party or a person indicated by the lessee.

4.3 Users of the leased vehicle shall be liable for payment of obligations arising from the commercial lease contract of vehicle at the same time similarly to solidary obligors.

 

5. Rental charge and compensation for other expenses

5.1 Rental charge means the charge payable for the use of the leased vehicle under the terms and conditions agreed on when the lessee signs the commercial lease contract. The rental charge includes the price of rent of the vehicle and charges for additional services that the lessee of the vehicle has requested and/or accepted when reserving (ordering) a vehicle and/or signing the contract. All the charges shall be subject to taxation according to legislation of the Republic of Estonia and shall be borne by the lessee of the vehicle.

5.2 The basis for the calculation of the rental charge of the vehicle shall be the rate that is valid at the moment of reserving the leased vehicle, has been agreed on by and between the lessee and the lessor upon entry into the commercial lease contract and is inclusive of the prices of services, and the lessor’s price list of additional services. The lessee of the vehicle shall be obliged to fulfil the terms and conditions of validity of the rate. The terms and conditions of validity of the rate shall include conditions for the time of the rent, the minimum length of the rent, the existence of discounts, etc.

5.3 The rental charge shall be calculated for a minimum period of 24 hours, unless the terms and conditions of validity of the rate agreed on upon entry into the commercial lease contract provide otherwise.

5.4 Rental days shall be calculated in the form of 24-hourperiods as from the starting time of the lease of the vehicle. Each following rental day shall take effect after the starting time of the lease of the vehicle has been exceeded by more than 29 minutes.

5.5 Passenger cars shall have a limit on kilometres covered, which is 600 km/day, but no more than 4,000 km/month. When exceeding the limit, an additional fee of €0.1/km shall apply to renting the car.

5.6 According to the actual use of the vehicle by the lessee, the expenses that cannot be foreseen upon entry into the commercial lease contract may be added to the cost of rent. These expenses include expenses related to the failure to adhere to the terms and conditions of validity of the rate, the expenses related to the failure to adhere to the time and/or place of return as set out in the contract, the expenses of compensating for damages arisen to the vehicle and/or parts thereof, the charge for filling the fuel tank with fuel and the service fee related thereto, the expenses of returning the leased vehicle outside the working time and/or the seat of the lessor, the expenses of additional cleaning, the expenses of traffic or parking fines and other expenses and administration expenses of these expenses, expenses arising from violation of the terms and conditions of the contract and other expenses which arise from the use of the car by the lessee and have not been agreed on or considered by and between the lessor and the lessee upon entry into the commercial lease contract. According to the signed contract, the lessee of the vehicle shall be obliged to pay for all the additional justified expenses.

5.7 The final rental charge shall be determined after the vehicle has been returned.

5.8 The lessee of the vehicle shall be obliged to compensate the lessor of the vehicle for all expenses that the lessor of the vehicle has incurred due to violation of this contract as a result of the lessee’s wrongful behaviour in using the leased vehicle or arising from law or that has not been compensated for to the lessor, incl. by the insurance.

 

6. Expenses of filling the fuel tank

6.1 The lessor shall deliver the leased vehicle to the lessee of the vehicle along with a full tank of fuel. If the leased vehicle is returned with less than a full tank, the lessee of the vehicle shall pay a service charge for the missing fuel in the value valid at that moment of time and for refuelling on the basis of the price list of the lessor.

6.2 If, upon entry into the commercial lease contract, the lessee has made a request for paying for a full tank of fuel of the vehicle in advance, the lessee shall pay for it in an amount set out in their commercial lease contract or in the calculation of the anticipated amount of rent submitted to the lessee and may return the vehicle without filling the tank. No settlements shall be made for the fuel that is in the tank of the vehicle and has not been consumed by the moment of returning the vehicle.

 

7. Traffic accident, theft and vandalism

7.1 The lessee of the vehicle shall be obliged to immediately notify the lessor and, upon the request of the latter, the police and the insurance of a traffic accident, theft of the vehicle and/or parts thereof, damage and/or any other incident that has occurred to the leased vehicle.

7.2 Following an incident, the lessee of the vehicle may not accept any possible liability or release anybody from possible liability without having received the consent of the lessor of the vehicle. The lessee of the vehicle shall be obliged to write down the names, telephone numbers and addresses of the participants in and/or witnesses to the incident any may not collect only oral information.

7.3 In the event of an accident, theft and/or vandalism, the lessee of the vehicle shall be obliged to fill in the lessor’s application for accident or theft. The lessee shall also deliver to the lessor their signed letter of explanation, which contains a detailed description of what happened and a copy of a valid driving licence.

7.4 Upon theft of the leased vehicle, the lessee shall deliver to the lessor the existing ancillary equipment of the vehicle, incl. the keys, removable radio or radio panel, registration certificate and anti-theft alarm remote control. If the lessee does not deliver the required objects to the lessor or does not fulfil any other justified requests submitted to the lessee, the lessor shall have the right to require that the lessee compensate for the damage caused.

7.5 The lessee of the vehicle shall be obliged to cooperate with the lessor of the vehicle and with their insurers in investigating and solving a traffic accident, theft and/or vandalism.

7.6 If the weather conditions, darkness, the place and/or time of returning the vehicle do not allow the employees of the lessor of the vehicle to immediately detect any damage and shortcomings on the leased vehicle and the detection of other shortcomings is aggravated due to the dirty vehicle, the location of the damage and/or the location of the missing parts, the lessor shall have the right to require from the lessee of the vehicle compensation for the damage incurred. If the damage or shortcomings have been detected later than within 15 days after the lessee returned the vehicle or if the vehicle has already been leased again before, the damage shall not be subject to compensation by the lessee of the vehicle and the lessor of the vehicle shall not submit a respective claim.

8. Parking and traffic fines and other

8.1 The lessee of the vehicle shall assume full liability for all the traffic and parking fines got in connection with using the leased vehicle during the lease period and for other violations of law and consequences thereof.

8.2 The lessee of the vehicle shall be obliged to immediately inform the lessor of the traffic or parking fines got with the leased vehicle.

8.3 Upon payment of the traffic, parking and other fines related to the vehicle leased by the lessor, the lessee of the vehicle shall be obliged, within 5 banking days of the receipt of a respective claim, to compensate the lessor for these and also compensate for the interest arising from these claims, incl. expenses arising from law and incurred in connection with the administration of the expenses, on the basis of the price list of the lessor.

8.4 Upon the lessee’s request, the lessor shall submit to the lessee of the vehicle a copy of the claims subject to payment that the lessor has had to pay in connection with the leased vehicle.

9. General provisions

9.1 The lessee of the vehicle and entitled users thereof shall use the leased vehicle in accordance with the requirements prescribed in Acts of the Republic of Estonia (incl. the Traffic Act, etc.); if the vehicle is used in a foreign country, according to the requirements prescribed in Acts of this country; the producer’s requirements for the use and maintenance of the leased vehicle and the requirements provided for in this commercial lease contract of vehicle. Upon violation of the aforesaid requirements or standards, the lessee and/or user of the vehicle shall, depending on receiving the vehicle for renting and/or using the vehicle, assume full liability for damages incurred (solidary obligors).

9.2 The lessee shall have the right to terminate the commercial lease contract of vehicle prematurely. In such an event the lessee shall cover all the expenses and damages in connection with the premature termination of the contract according to a justified claim submitted to the lessee.

9.3 The lessor shall have the right to make a written proposal to the lessee of the vehicle for amending the terms and conditions of the contract, in the event of which the lessee of the vehicle shall have the right to terminate the commercial lease contract prematurely (which involves immediate return of the leased vehicle) or agree to the amendments in writing.

9.4 Disputes between the lessor of the vehicle and the lessee of the vehicle shall be settled upon an agreement between the parties. Upon failure to reach an agreement, the disputes shall be settled judicially in the Tartu County Court in accordance with acts valid in the Republic of Estonia.

9.5 Each party to the contract has received one copy of this commercial lease contract of vehicle signed by the parties.