GENERAL TERMS AND CONDITIONS OF THE CAR RENTAL AGREEMENT
In the current Rental Agreement, the Renter is the person renting the Vehicle specified in the Agreement (hereinafter referred to as the Vehicle) from the Rental Company ABC Rent Estonia Ltd (hereinafter referred to as the Company).
1. Conditions for using the Vehicle
1.1. The Renter is obligated to use the Vehicle in a sensible and prudent manner, according to the intended purpose of the Vehicle and in accordance to the prescribed conditions.
1.2. The Vehicle may not be used: to tow other transportation devices; for driving lessons; for sport training and/or racing; for providing a paid service; for the transportation of goods.
1.3. The Renter may entrust a third person to drive the Vehicle only upon the written consent of the Company. When entrusting a third person to drive, the Renter must make certain that he/she is aware of the Terms and Conditions of this Agreement. Allowing a third person to drive does not relieve the Renter from the liability of the conditions of this Agreement; the Renter takes full responsibility for the actions of the third person as if for his/her own actions.
1.4. The Renter, or the third party driving the Vehicle, must hold a full (not a provisional) current driving licence, at least two years of driving experience and be at least 22 years of age.
2. The Renter’s responsibilities when using the Vehicle
2.1. The Renter must thoroughly check the Vehicle for any possible damages or technical faults before obtaining the Vehicle for his/her use. Should any damages be found, a note of these must be made to the Agreement. If no damages are found by the Renter and no notation of such are made to the Agreement, it will be assumed that the Vehicle is in good technical condition, without visible damages or technical faults and the Renter has no complaints about the Vehicle.
2.2. When parking the Vehicle, the Renter must always lock the doors and turn on the car alarm system. Upon travelling outside of Estonia, the Renter must act responsibly in regard to the car’s security and preferably use attended parking lots when parking the car overnight.
2.3. The Renter must ensure that the keys and documents of the Vehicle remain intact and are not lost.
2.4. The renter is responsible for the payment all fines and charges that incur during the rental period (parking tickets, traffic violations, etc.) The Company has the right to demand payment from the Renter for said fines and charges.
3.1. The Renter is liable for the destruction, loss and/or damage of the Vehicle for the duration of the rental period; unless the Renter produces evidence that neither the Renter nor any third parties entrusted to drive the vehicle in accordance with clause 1.3 of this Agreement are responsible for the destruction, loss and/or damage of the Vehicle. The Renter is not liable for the normal and expected wear and impairment caused by the prescribed intended use of the Vehicle.
3.2. The Renter is fully liable for the damage done to the Vehicle or its accessories when:
3.2.1. The damage done to the Vehicle and/or the Company is intentional and at the Renter’s fault;
3.2.2. The Vehicle has been used under the influence of alcohol or drugs;
3.2.3. The Vehicle has been used in a manner that violates the law or for illegal purposes (such as committing a crime);
3.2.4. The Vehicle has been used in a manner that violates the Traffic Code;
3.2.5. The Vehicle has been used in a manner which violates the conditions prescribed by clause 1 of this Agreement;
3.2.6. The keys and/or documents of the Vehicle have been lost or stolen as a result of carelessness on behalf of the Renter;
3.2.7. The Vehicle has been lost or stolen as a result of carelessness or wrongful behaviour of the Renter (incl. in the case provided by clause 3.2.6);
3.2.8. The Vehicle has been driven with a flat tire.
3.3. The Renter undertakes to compensate to the Company for:
3.3.1. The full value of all damage done to the Vehicle or its accessories in accordance with the sales and services prices of the Company’s location;
3.3.2. The full value of all missing, stolen and/or damaged parts and accessories of the Vehicle in accordance with clause 3.3.1, unless covered by insurance;
3.3.3. In case of a damaged tire, the Renter is obligated to compensate the full cost of tire repair or tire replacement in case the tire is damaged beyond repair in the amount of one hundred euros (€100) per damaged tire;
3.3.4. In the case of an accident or any other damages to the Vehicle caused by fault on the Renter’s side which renders the Vehicle unfit for use, the Renter is obligated to pay a contractual penalty for the loss of rental due to the non availability of the vehicle that the Company may suffer, up to 30 days’ rental fee. This fee is calculated from the day the Vehicle is rendered unfit for use until the day that the Vehicle can be used again.
3.3.5. Should the Vehicle become damaged or stolen during the rental period and this damage/loss is covered by insurance, the Renter is liable to pay the excess prescribed with this Agreement.
3.4. The Renter is completely responsible for any damage caused by the Vehicle as a greater source of danger.
3.5. Smoking, consuming alcoholic beverages or usage of drugs in the Vehicle is prohibited.
4. Rental charges and deposits
4.1. The Company has a right to demand that the rental charges and deposits be paid in advance in accordance to the current price list.
4.2. A Rental Deposit is paid by the Renter as a confirmation of entering into the Rental Agreement and assurance to abide by it. The Company may use the Deposit to clear any expenses originating from the rental period. Should the Renter wish to withdraw from the Agreement after having paid the Deposit, then the Deposit will be used by the Company to cover the expenses incurred for the purpose of performing the Agreement. Should the Company be unable to perform the Agreement, the Deposit shall be refunded to the Renter.
4.3. If the Renter does not show up to receive the Vehicle at the beginning of the agreed rental period, the person having signed this Agreement is bound to pay the rental fees prescribed by the Agreement.
5. The Company’s responsibilities
5.1. The Company undertakes to deliver the Vehicle in good working order along with its documents to the Renter at the time and place prescribed by the Agreement.
5.2. Should the delivery of the Vehicle be delayed, the Renter has a right to demand a compensatory fee of 0.10% of a day’s rental fee for each day delayed. The Renter has no right to receive compensation if the Company provides him/her with another Vehicle.
6. Fuel and Vehicle Maintenance
6.1. The Renter is responsible for the payment of fuel during the rental period. The Company is bound to deliver the Vehicle with a full tank of fuel and the Renter is bound to return the Vehicle with a full tank or else compensate the Company 1.5 times the cost of each missing litre of fuel, in accordance to the current price list in Neste petrol stations. The Renter is obligated to compensate to the Company any damage caused by the tanking of a wrong fuel.
6.2. The Vehicle maintenance is conducted by the Company. The Renter is responsible for the daily inspection of the Vehicle’s technical condition by inspecting the tires and tire pressure; oil and coolant levels; the car’s lights (head-, tail-, indicator- and warning lights).
7. The Renter’s obligations in case of Vehicle damage, accidents and theft
7.1. In case of accident, theft of any damage done to the Vehicle, the Renter must inform the Company immediately.
7.2. In case of a traffic accident or theft the Renter must also inform the Police of the incident.
7.3. In case of a traffic accident, the Renter must fill out the form ”Accident Report” supplied with the Vehicle and its documents. This form must be kept in the Vehicle at all times.
7.4. In case of any violation of the conditions prescribed in clause 7, the Renter is to fully compensate the Company for any damage caused.
8. The Liability of the Company in case of Vehicle breakdown
8.1. The Company is not to be held liable for any direct or indirect losses the Renter may suffer from unavailability of the Vehicle caused by the malfunction of the Vehicle which is to be repaired by the manufacturer of the Vehicle in accordance to its guarantee. The Company has the right to provide the Renter with another Vehicle, unless the Renter immediately gives notice of his/her wish to terminate the Agreement.
8.2. If the usage of the Vehicle proves impossible due to a malfunction of the Vehicle for which the Company is liable and if the Company is unable to prove that it has done everything in its power to ensure the Vehicle be in good technical order, then the Renter has a right to demand a fine for delay of 0.10% of a day’s rental fee for each day delayed. The Renter has no right to receive compensation if the Company provides him/her with another Vehicle.
9. Returning the Vehicle on time
9.1. The Vehicle must be returned in accordance to the time and place prescribed by the Agreement. The Company must be informed of any possible changes in the return time or place at least 8 hours in advance. The Vehicle is considered to be returned when the Vehicle and its documents have been delivered to a representative of the Company and the latter has made a notation of this to the Agreement.
9.2. If the Vehicle is not returned to the agreed place by the prescribed date and time, and no agreement has been made with the Company of possible changes to the return time/place, then the Company will inform the Police of the disappearance of the Vehicle, declare it as a missing vehicle and may undertake other means to re-obtain the Vehicle.
9.3. If the returning of the Vehicle has been delayed more than 24 hours without the Company’s permission, the Company has the right to demand double the day’s rental charge for each day delayed.
10. Returning the Vehicle Early
10.1. If the Renter returns the Vehicle to the Company before the predetermined time, the rental charge will be recalculated to the shorter (actual) rental period in accordance with the current price list.
11. The Cancellation and Termination of the Agreement
11.1. The Company has a right to terminate the Agreement immediately should it become apparent that the Renter has violated the provisions of the Agreement; has given false information to the Company upon entering into the Agreement or is not capable of operating the Vehicle.
11.2. Should the Company demand the termination of the Agreement on the basis of the reasons indicated in this clause, then the Renter must return the Vehicle to the Company immediately.
12. The Renter has no right to drive the Vehicle outside of Estonia without the written consent of the Company, in which case a notation of it shall be done in the Agreement.
13. Settling of Disputes
13.1. All disputes arising from this Agreement shall first and foremost be settled by negotiations between the Company and the Renter. Should the Company and Renter fail to reach an agreement, the disputes shall be settled in court.