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Vehicle rental agreement
1. Purpose of the Agreement, Object, its Handover and Return
1.1. This vehicle rental agreement establishes the rights and obligations of the vehicle lessor for renting out the vehicle and the rights and obligations of the vehicle lessee (including the vehicle user) for receiving the vehicle on rent, its use, and its return to the lessor.
1.2. The rental agreement is concluded for the rental of one vehicle for a period agreed upon by the parties in this vehicle rental agreement.
1.3. An integral part of this vehicle rental agreement are the special conditions of the vehicle rental agreement, with which the lessee has thoroughly familiarized themselves, understood them, and undertakes to be guided by them in renting, using, and returning the vehicle, and to act accordingly in relation to the lessor, which the lessee confirms by signing this rental agreement.
1.4. The object of the vehicle rental agreement is the vehicle to be rented as specified in Part II of the preamble of this agreement.
1.5. The vehicle to be rented is handed over by the lessor and accepted by the lessee based on the vehicle inspection sheet, whereby the lessee checks the technical condition of the vehicle and its compliance with applicable requirements upon receipt of the vehicle and confirms with their signature that it corresponds to what is stated on the vehicle inspection sheet.
1.6. The lessee undertakes to return the vehicle to the lessor at the place, date, and time specified in the rental agreement and in the same technical condition, with the same equipment and documentation as it was when the vehicle was received. In the event of returning the rented vehicle in a different manner, the lessee is obliged to agree on this additionally with the lessor in accordance with the procedure established by the lessor for returning the vehicle outside the return deadline.
1.7. If the lessee returns the rented vehicle in a condition where it requires cleaning or other maintenance (does not correspond to the condition in which the lessee received the vehicle), the lessee shall restore the vehicle before handover or the lessee shall pay the lessor for the costs incurred in restoring and maintaining the vehicle (cleaning, etc.).
1.8. The rental of the vehicle is subject to a fee, whereby the rental fee is to be paid for a 24-hour period from the time the vehicle comes into the lessee’s possession until it is returned to the lessor in the manner and condition provided for in the agreement or as additionally agreed.
2. Special Conditions of the Vehicle Rental Agreement
The lessor confirms and the lessee is aware that the rented vehicle or the right to use it belongs to the lessor, which gives the lessor the right to rent and give the vehicle for use to the lessee.
The lessor and the lessee have agreed in this vehicle rental agreement that the rental and use of the vehicle by the lessee will take place strictly under the conditions set forth in this rental agreement, and in matters not regulated by this vehicle rental agreement, the parties will be guided by the law.
2.1. Lessor’s Obligations and Rights
2.1.1. The lessor undertakes to hand over to the lessee a fully operational vehicle that meets the applicable requirements, together with the necessary accessories for using the vehicle (including a positioning device if possible) and documentation, including accessories requested by the lessee and listed on the vehicle inspection sheet as belonging to the vehicle upon rental.
2.1.2. As a general rule, the lessor undertakes to hand over the vehicle to the lessee with a full tank of fuel, unless the parties have agreed otherwise upon renting the vehicle.
2.1.3. The lessor has the right to immediately demand the return of the rented vehicle from the lessee or the user of the vehicle after the return time specified in the rental agreement, if the parties have not additionally agreed otherwise, and to use all legal remedies arising from the law to realize this right.
2.1.4. The lessor has the right to demand payment from the lessee for the rental of the vehicle, damages, or a contractual penalty in accordance with the terms of this vehicle rental agreement. The lessor has the right to demand payment for the use of the vehicle and damages from the user of the rented vehicle on the basis of this rental agreement and the law as a joint and several obligor responsible for the lessee’s obligations.
2.1.5. The lessor is in no way liable for damages or claims related to the rented vehicle or its use by the lessee or user, including those not specified in the rental agreement, including while the vehicle is in the lessee’s possession, unless the lessor’s fault in causing or bringing about the claim or damage is proven. The lessor is not responsible for the consequences of the conduct of the lessee, the user of the vehicle, or other persons, their or other persons’ property, or other damages from the time the vehicle is rented out until it is returned to the lessor in the manner provided for in this agreement and thereafter.
2.1.6. The lessor has the right to repossess the rented vehicle at any time at the lessee’s expense if the lessee has breached the terms of this agreement.
2.1.7. The lessor has the right to store and process the personal data of the lessee and the user of the vehicle arising from the vehicle rental agreement in accordance with the protection of its legitimate interests (to determine the creditworthiness of the lessee and user, to protect the lessor’s assets, for statistical analysis, etc.). In the event of a breach of the obligations arising from this agreement by the lessee, including the user of the vehicle, the lessor has the right to disclose data about the lessee, including the user of the vehicle, to third parties to protect the interests of the lessor.
2.2. Lessee’s Rights and Obligations
2.2.1. The lessee’s rights arise from what is stated in this vehicle rental agreement.
2.2.2. Lessee’s liability for damage to the rented vehicle
2.2.2.1. During the rental period, the lessee is fully responsible for the vehicle, its parts, and accessories, including for damages caused by injury, theft, and loss, and undertakes to fully reimburse the associated costs to the lessor.
2.2.2.2. In the event of a puncture of any tire of the rented vehicle during the period when the lessee is responsible for the vehicle (from receiving the vehicle until its return to the lessor), the lessee is obliged to pay compensation according to the cost of the vehicle tire or the lessor’s valid price list.
2.2.2.3. In the event of the loss of accessories supplied with the vehicle for the rental period, the lessee is obliged to pay the costs and a fine according to the lessor’s valid price list.
2.2.2.4. In the event of a traffic accident during the vehicle rental period, the lessee’s deductible is €350-€800 (the exact deductible for the specific vehicle is stated in the technical data of the car in this agreement), which the lessee undertakes to pay to the lessor in the event of traffic damage.
2.2.3. Lessee and authorized user of the vehicle
2.2.3.1. The lessee and authorized user of the vehicle must be at least 21 years old and have a valid driving license for the rented vehicle for at least 2 years. A person under 21 years of age must pay an additional security deposit of €200 (young driver’s fee) when concluding the rental agreement.
2.2.3.2. The person renting the vehicle is obliged to present their passport or ID card when concluding the rental agreement, a copy of which will be attached to the vehicle rental agreement.
2.2.3.3. The person wishing to rent the vehicle and the authorized user of the rental vehicle shall present the original driving license when concluding the agreement, a copy of which will be attached to the agreement. The authorized user of the rented vehicle is entered into the agreement by the lessor for an additional fee according to the lessor’s relevant tariff. If it turns out at the beginning of the rental period that your driving license is not valid, we will not be able to issue the car, and any prepayments made will not be refunded in such a case.
2.2.3.4. The rented vehicle may only be driven by the lessee and/or persons who are indicated as authorized users of the rented vehicle in this vehicle rental agreement. The lessee is prohibited from transferring the rights and obligations arising from this agreement to persons not specified in the agreement (third parties) unless this has been additionally agreed in writing.
2.2.3.5. The lessee is prohibited from allowing a person, who is indicated as a user of the rented vehicle in this agreement, to use and therefore drive the vehicle if:
a) the person (including themselves) does not have a valid driving license for the rented vehicle and/or there are other restrictions arising from the law;
b) the person (including themselves) is under the influence of alcohol, drugs, or other substances, or is overtired or has other disorders that impede the safe use of the vehicle;
c) the users of the rented vehicle are responsible for any breach of the obligations arising from this vehicle rental agreement as if they were the lessee;
d) the lessee is responsible to the lessor for all claims for damages arising from the users of the vehicle.
3. Use of the Vehicle
3.1. The lessee is responsible for the prudent use and preservation of the rented vehicle and undertakes to use the vehicle only for its intended purpose. If the lessee breaches the condition set forth in this vehicle rental agreement, they are liable for the full extent of the damage their conduct caused to the lessor, and in such a case, the lessee loses the right to limited liability regardless of insurance coverage.
3.2. The lessee is obliged to lock the vehicle when leaving it and to activate the alarm system if it is part of the vehicle’s equipment. The vehicle must be parked in a designated area. If the vehicle is equipped with a removable radio or radio panel, it must be taken from the vehicle upon leaving and stored in a safe place. Seat belts and child safety seats must be used in accordance with the laws of the Republic of Estonia.
3.3. The lessee is obliged to use the fuel intended for the rented vehicle, to check the oil and other fluid levels after every 1000 km, and to add them if necessary. In the event of an accident or technical failure with the rental vehicle, the lessor must be notified immediately. The rental vehicle may only be taken to a service or repair shop with the lessor’s permission or instruction.
3.4. The rented vehicle may not be used for:
3.4.1. non-intended purposes and contrary to the conditions permitted in the registration certificate or the vehicle’s technical specifications,
3.4.2. pushing or towing other vehicles (including trailers) and other objects,
3.4.3. driving off-road or on roads not intended for the rented vehicle,
3.4.4. transporting improperly secured goods,
3.4.5. transporting goods or items whose smell or other damaging effect damages the vehicle or makes it impossible to immediately re-rent the vehicle or requires special cleaning or causes permanent damage,
3.4.6. participating in rallies, test drives, and races,
3.4.7. contrary to traffic regulations and other applicable rules,
3.4.8. illegal activities,
3.4.9. sub-renting,
3.4.10. driving in areas prohibited to traffic,
3.4.11. driving instruction.
3.5. The vehicle may only be used within the territory of the Republic of Estonia, except in cases where it has been previously agreed in writing with the lessor.
3.6. The accessories of the rented vehicle may include a vehicle positioning device, which the lessor has the right to use to determine the location of the vehicle in case of doubt, if the rented vehicle has not been returned by the lessee by the time specified in the agreement and the circumstances of the delay have not been reported, or if the vehicle is presumed to have been driven outside the territory of the Republic of Estonia without separate agreement, or in the event of a technical failure of the rented vehicle that prevents its intended and proper use.
4. Payment Terms
4.1. Before booking or placing an order to rent a vehicle, the person wishing to rent the vehicle is obliged to thoroughly familiarize themselves with the conditions established by the lessor for renting the vehicle. When booking the vehicle or before concluding the rental agreement, the person wishing to rent the vehicle makes a prepayment, thereby confirming full familiarization and agreement with the conditions established by the lessor for renting the vehicle. The basis for the prepayment is the booking conditions or order submitted by the person wishing to rent the vehicle and the calculation provided by the lessor, which is equal to the estimated rental cost, the lessee’s deductible, a full tank of fuel, and the refueling service fee.
4.2. The lessee is responsible for paying all obligations arising from the rental agreement, even if a third party or person indicated by the lessee is the payer.
4.3. The users of the rented vehicle are jointly and severally liable for the payment of obligations arising from the vehicle rental agreement.
5. Rental Fee and Reimbursement of Other Costs
5.1. The rental fee represents the payment by the lessee for the use of the rented vehicle under the conditions agreed upon at the signing of the rental agreement. The rental fee includes the vehicle rental price and fees for additional services that the lessee has requested and/or accepted when booking (ordering) the vehicle and/or signing the agreement. All fees are subject to taxation in accordance with the legislation of the Republic of Estonia, which is borne by the lessee.
5.2. The calculation of the vehicle rental fee is based on the tariff valid at the time of booking the rental vehicle and agreed upon between the lessee and the lessor when concluding the rental agreement, with the prices of the services included therein and the lessor’s price list for additional services. The lessee is obliged to comply with the validity conditions of this tariff. The validity conditions of the tariff include conditions for the rental period, minimum rental length, availability of discounts, etc.
5.3. The rental fee is calculated for a minimum period of 24 hours, unless the validity conditions of the tariff agreed upon when concluding the rental agreement state otherwise.
5.4. Rental days are calculated in 24-hour periods from the start time of the vehicle rental. Each subsequent rental day begins when the rental start time is exceeded by more than 29 minutes.
5.5. A mileage limit applies to passenger cars. The specific mileage limit is indicated in the vehicle data of this agreement. If the limit is exceeded, an additional fee of €0.15/km will be applied to the car rental.
5.6. Depending on the actual use of the vehicle by the lessee, costs may be added to the rental cost that cannot be foreseen when concluding the rental agreement. These costs include costs related to non-compliance with the tariff validity conditions, costs related to non-compliance with the return time and/or place specified in the agreement, costs for compensating for damage to the vehicle and/or its parts, a fee for filling the fuel tank and the related service fee, costs for returning the rented vehicle outside working hours and/or at a location other than the lessor’s, additional cleaning costs, traffic or parking fines and other costs, and the administration costs of these costs, costs arising from a breach of the terms of the agreement, and other costs arising from the use of the car by the lessee but not agreed upon or taken into account between the lessor and the lessee when concluding the rental agreement. In accordance with the signed agreement, the lessee is obliged to pay for all additional justified costs.
5.7. Price list for additional costs
- Administration of fines: €25
- Handling fee for damage claims (traffic and glass): €25
- Smoking in the car: €200
- Car refueling fee: €25 (plus the cost of fuel)
- Fee for loss of keys, documents: €400
- Chemical cleaning of the interior: from €70
5.8. The final rental fee amount is determined after the vehicle has been returned.
5.9. The lessee is obliged to reimburse the lessor for all costs incurred by the lessor due to the lessee’s culpable conduct in using the rented vehicle arising from a breach of this agreement or from the law, or which have not been compensated to the lessor, including by insurance.
6. Fuel Tank Filling Costs
6.1. The lessee is given the rented vehicle by the lessor with a full tank of fuel. If the rented vehicle is returned with less than a full tank, the lessee must pay a service fee for the missing fuel at the current price and for refueling according to the lessor’s price list.
6.2. If the lessee has expressed a wish to pay for a full tank of fuel in advance when concluding the rental agreement, they will pay for it in the amount indicated on their rental agreement or on the estimated rental amount calculation provided to them, and may return the vehicle without refueling. No refund will be made for fuel remaining in the vehicle’s tank at the time of return.
7. Traffic Accident, Theft, and Vandalism
7.1. The lessee is obliged to immediately report any traffic accident, theft of the vehicle and/or its parts, damage, and/or any other incident involving the rented vehicle to the lessor and, upon the latter’s request, to the police and the insurance company.
7.2. The lessee may not accept any possible liability or release anyone from possible liability after the incident without obtaining the lessor’s consent. The lessee is obliged to write down the names, phone numbers, and addresses of the participants and/or witnesses of the incident and may not limit themselves to collecting only oral information.
7.3. In the event of an accident, theft, and/or vandalism, the lessee is obliged to fill out the lessor’s accident or theft report form. The lessee must also provide the lessor with a signed statement containing a detailed description of the incident and a copy of a valid driving license.
7.4. In the event of theft of the rental vehicle, the lessee must hand over to the lessor the existing accessories of the vehicle, including keys, removable radio or radio panel, registration certificate, and the anti-theft alarm remote control. If the lessee fails to hand over the required items to the lessor or fails to comply with other reasonable requests, the lessor has the right to demand compensation for the damage caused from the lessee.
7.5. The lessee is obliged to cooperate with the lessor and its insurers in the investigation and resolution of a traffic accident, theft, and/or vandalism incident.
7.6. If weather conditions, darkness, the place and/or time of return of the vehicle do not allow the lessor’s employees to immediately detect damage and defects on the rented vehicle, or if the detection of damage and other defects is difficult due to the vehicle being dirty, the location of the damage, and/or the location of missing parts, the lessor has the right to demand compensation for the damage caused from the lessee. If the damage or defects are discovered later than 15 days after the vehicle has been returned by the lessee, or if the vehicle has already been rented out again, the damages are not to be compensated by the lessee and the lessor will not submit a claim to that effect.
8. Parking and Traffic Fines and Other
8.1. The lessee is fully responsible for all traffic and parking fines received during the rental period from the use of the rented vehicle, as well as for other violations of the law and their consequences.
8.2. The lessee is obliged to immediately inform the lessor of any traffic or parking fines received with the rented vehicle.
8.3. If the lessor pays traffic, parking, and other fines related to the rented vehicle, the lessee is obliged to reimburse them to the lessor within 5 banking days of receiving the corresponding claim and also to reimburse the interest arising from these claims, including statutory interest and costs incurred in administering the costs according to the lessor’s price list (see point 5.7).
8.4. Upon the lessee’s request, the lessor will provide the lessee with a copy of the claims to be paid that the lessor has had to pay in connection with the rented vehicle.
9. General Provisions
9.1. The use of the rented vehicle by the lessee and its authorized users must take place and comply with Estonian laws (including the Traffic Act, etc.), the laws of the foreign country if the vehicle is used there, the factory requirements for the use and maintenance of the rented vehicle, and the requirements set forth in this vehicle rental agreement. In the event of a breach of these requirements or norms, the lessee and/or user are fully liable for the resulting damages, depending on the receipt and/or use of the vehicle (joint and several obligors).
9.2. The lessee has the right to terminate the rental agreement prematurely. In such a case, they will bear all costs and damages related to the premature termination of the agreement in accordance with the justified claim presented to them.
9.3. The lessor has the right to make a written proposal to the lessee to amend the terms of the agreement, in which case the lessee has the right to terminate the rental agreement prematurely (involving the immediate return of the rented vehicle) or to agree to the amendments in writing.
9.4. Disputes between the lessor and the lessee will be resolved by mutual agreement. If no agreement is reached, the disputes will be resolved in court in accordance with the laws in force in the Republic of Estonia at the Tartu County Court.
9.5. Each party to this vehicle rental agreement has received one signed copy from the parties.