General Terms and Conditions
- Published on: 14.03.2019.
1. PRELIMINARY PROVISIONS
(a) ‘Lessor’ – RIDECAR d.o.o. with its headquarters located in: Vrbanjska 4, 10000 Zagreb, Croatia, VAT: 38203209365
(b) ‘Lessee’ – natural or legal person which is hiring or in whose name the vehicle is hired. In the vehicle rental contract, referred to as ‘Leese’ and is held responsible for compliance with all points of these General Terms of lease and rental agreement
(c) ‘Contract’ – an individual rental agreement which is signed at vehicle pickup at the start of the rental period and which authorizes the use of the vehicle, defines the vehicle pick up and drop off, coverage, equipment and services included in the price and the method of payment for the rental. The contract also contains information about the status of the mileage, fuel level, damage and possible shortcomings of the rental vehicle and other rights and obligations of both parties who with their signature fully accept the contract. The vehicle condition at the time of issuing and General terms od use are considered as part of the rental contract.
(d) ‘Driver/Additional driver’ – a natural person listed in the rental agreement as a “User” who signs the Rental contract and takes over the vehicle and is also responsible for following all the provisions of the rental contract
(e) ‘User’ – lessee, driver and additional driver hereinafter referred to in the General Terms and Conditions of the vehicle lease contract, as the – User
(f) ‘Vehicle’ – the object of the contract, and whose information is contained in the contract
2. COLLECTION AND PROCESSING OF PERSONAL DATA
The User provides his/her personal data on a voluntary basis. The User’s personal data are necessary in the process of realization of the required service. These data will be used for further communication. Lessor undertakes not to transfer abroad any personal data of the passenger or provide these to a third person, unless for the purpose of realizing the required service. The User gives approval for his/her data to be used within the purpose of marketing activities by the Lessor.
3. TERMS OF LEASE
By signing the Contract, the User guarantees to the Lessor to have fulfilled general terms and conditions of minimum age required for obtaining the driving license, and to have in his/her possession all required documentation for operating a vehicle in accordance with valid regulations of the Republic of Croatia. He is required to provide the original of these documents to the Lessor for their insight and the copy thereof shall remain in the possession of the Lessor, as an annex to this Contract. By signing the Contract, the User confirms his/her taking over of the vehicle in the appropriate condition for the Contract service with all the pertaining equipment and all the accompanying documentation. Driver, who on behalf of the legal entity takes over the vehicle and signs the Contract, states that has the authority and guarantees his responsibility to the lessor, in solidarity with that legal person, and is responsible for the fulfillment of all obligations under this Contract. The User is held responsible for traffic violations done during the contract term, even after the contract ends.
4. TERMS OF PAYMENT
The User is required to have a pre-authorization performed on his credit card to the amount determined by the Lessor according to the assessment, depending on the class of the vehicle, the lease, insurance etc. At request of the Lessor, the User undertakes to pay the amount for the daily lease in accordance with the contracted tariff, daily supplements (various insurances, additional equipment and services), as well as additional costs which are calculated in accordance with the Price List. If the User settles his/her obligations by means of a credit card, in accordance with this Contract, the User authorizes the Lessor to charge the costs of the lease directly to the card issuer by means of a slip form of the credit card. If the User settles his/her obligations by means of direct payment to the account of the Lessor, he is obliged to do so within the agreed deadline for the settlement of the invoice. In case of a delay in the payment, the User undertakes to pay the penalty interest, as well as all incurred additional costs. By signing this Contract, the Client agrees that his credit card or another way of payment will be burdened by Lessor with any repair costs, faults or losses which are discovered after the vehicle is returned and the Client did not inform Lessor in accordance with the procedure on returning the vehicle. By signing this Contract, Client is informed that Lessor is not responsible for duration of the authorization on the customer's credit card and that the deadline for releasing the funds is solely dependent upon the manner of business operation of the bank of the credit card owner.
5. OBLIGATIONS OF THE USER
By signing the Contract, the User declares that he is familiar with all under mentioned obligations and that he accepts that:
(a) following the completion of the lease service, the leased vehicle must be returned with all equipment and accessories to the site and within the deadline agreed in the Contract or earlier at request of the Lessor.
(b) the prolongation of the agreed duration of the lease, as well as all other changes regarding the lease, must be requested from the Lessor, in written form, at least 48 hours before lease expiration) otherwise the Lessor is authorized to report the leased vehicle missing. If Client continues to use the car without Lessor’s written consent, he agrees to pay to Lessor double daily rate according to Regular price list for unreasonable prolonged time of rent. (If Client changes vehicle return location without Lessor’s written consent, he agrees to pay to Lessor additional Fee prescribed by Extra services and Fees price list.
(c) the leased vehicle must not be used for training new drivers, transporting or towing other vehicles or trailers, transferring passengers for a monetary benefit, participating in vehicle and sports exhibitions, perpetrating any kind of criminal offence or violation prescribed by valid regulations of the Republic of Croatia.
(d) the leased vehicle must be used for personal purposes only, in accordance with the Contract and the purpose of the item, that is to say, the leased vehicle, and that he solely can operate the vehicle, as well as the person stated in the Contract as the additional driver or the person holding a written approval of the Lessor for the operation of the vehicle.
(e) he must treat the leased vehicle with due care of a host/keeper and, in particular, that the leased vehicle, whenever vacated, must be properly locked and windows must be closed while the User takes vehicle keys and documents with himself
(f) the leased vehicle must not be driven outside borders of the Republic of Croatia without prior agreement by the Lessor, otherwise Client will pay Cross Border penalty Fee in amount according to the price list
(g) the User must drive lease vehicle only on public roads, without the influence of alcohol or drugs, observing all traffic laws and regulations
(h) the User will take care of regular technical vehicle maintenance, meaning regularly checking the coolant level, oil levels, other fluids, tire pressure, etc.
(i) if at any point the instrument panel signals the need for maintenance, or if the User himself concludes that the vehicle needs maintenance, he is required to notify the lessor of this and make the vehicle available for it. In the event of damage to the vehicle or vehicle damage caused by the failure to comply with these terms, the User is obligated to compensate all such damages and eventual loss of earnings, due to the lessors’ inability to perform such basic activities and maintenance, due to the User’s negligence
(j) that the vehicle will not be used to transport more passengers or goods from the maximum permissible amount specified in the vehicle specifications, and not to make any modifications to the vehicle
(k) the Client is obligated to vehicle interior return back in the same condition as it was taken and to respect the smoking ban. Otherwise Client will pay Violation of the smoking ban or/and greater interior dirt Fee.
(l) in case of returning the vehicle outside working office hours without the presence of Lessor’s without the presence of employees Client is responsible for the vehicle till office opening time and every new recorded damage will be charged from Client's preauthorization amount on his credit card in accordance with the contracted vehicle insurance.
(m) based on the Contract, the User authorizes the Lessor to charge him/her all traffic offences, as well as parking tickets and other fines, with no prior notification, if they result from the violation of valid regulations of the Republic of Croatia, and if they were committed during the lease period. These costs should be increased by the handling fees and should be charged to the debit or credit card given at the front page of this lease Contract.
6. DAMAGE AND LOSS OF DOCUMENTATION
If, due to the lack of attention of the User or the additional driver, an engine or powertrain damage of the leased vehicle should occur, as a result of the lack of engine oil, manual transmission fluid or differential fluid, cooling oil, filling the car with wrong fuel, as well as of the damage to the trunk case, clutch or any kind of damage to the chassis, or damage or theft of the tires, wheels or wheel covers or other typical malfunctions caused by the lack of attention or negligence of the User or the additional driver, the User must reimburse the Lessor on a cumulative basis:
(a) the entire amount for the repair of the vehicle
(b) the amount of lost profit due to the vehicle not being used due to the repair (cost of daily rental according to the valid Price List)
(c) any other caused cost, such as the cost of vehicle towing or the impaired value of the vehicle.
The User must reimburse the cost under the item (a) and (b) for each day that the vehicle is not used due to the repair, but not more than 30 days. The cost of reporting and re-issuing all lost accompanying documentation for the leased vehicle is charged according to the valid Price List.
The User is liable for all damages incurred due to the failure to abide by the provisions of this Contract.
7. THEFT, CAR ACCIDENT, MALFUNCTION OF THE LEASED VEHICLE
In case of a car accident, the User undertakes to:
(a) ensure the prevention of decay of the leased vehicle or of the occurrence of even more severe damage until the takeover by the Lessor and must keep all evidence until the arrival of a police officer at the scene
(b) call the officers of the Police District immediately after the damage and ask for the protocol of the accident
(c) inform and provide statement to the closest branch office of the Lessor on the occurred situation
(d) record the names and addresses of all witnesses and participants
In case of a theft of the leased vehicle, the User undertakes to: call the officers of the Police District and ask for the protocol of the theft, also to inform and provide statement to the closest branch office of the Lessor on the occurred situation
If, due to the lack of attention of the User or the additional driver, a theft of the leased vehicle should occur during the lease period, the User must reimburse the Lessor the value of the leased vehicle less the value of depreciation.
The User shall reimburse the Lessor, along with the value of the leased vehicle less the value of depreciation, the vehicle being the subject matter of the lease, the lost profit that the Lessor must suffer due to the lack of the vehicle.
The same is applicable to the case where the User, due to different reasons, is not able to return the leased vehicle by the end of the lease period. All costs of the damage incurred during the car accident, for which no protocol has been done, the statement has not been taken, the alcotest was not provided or if the leased vehicle was not treated with due care of a host/keeper, shall be entirely borne by the User, regardless of the fact that the User has accepted and paid the additional insurance, and regardless of the guilt of the User for the accident. If a powertrain failure of the leased vehicle should occur, the User undertakes to: ensure the prevention of decay of the leased vehicle or of the occurrence of even more severe damage until the takeover by the Lessor and to inform and provide statement to the closest branch office of the Lessor on the occurred situation. If the User fails to act in accordance with these provisions, he must pay to the Lessor, at their request, the full amount of the repair of the leased vehicle that resulted from an event that occurred during the lease period of the Contract, as well as other losses incurred to the Lessor due to the damage, including the lost daily amount of the lease due to the non-usage of the vehicle due to the repair, up to the maximum of 30 days. The User shall only pay the participation in the damage (franchise) stated in the Price List, in case of any kind of damage and/or loss of any kind of mechanical part of the leased vehicle, if the amount of the damage and/or loss is lower than the pertaining participation in the damage (franchise).
8. COSTS REIMBURSED TO THE USER
Lessor shall reimburse to the User all costs for the oil, lubricants, regular servicing, and minor repairs that occurred during the lease period, except the costs of washing the vehicle, after submitting all settled invoices. The invoice must be addressed to the Lessor and shall be acknowledged by the Lessor if paid by cash to the legal entity. If the User has changed an assembly, a part or a device of the vehicle, the Lessor shall not reimburse the User for the value of that part, assembly or device. In order to be reimbursed for the abovementioned costs, the User must provide the agreement of an authorized representative of the Lessor; otherwise the reimbursement shall not be feasible. In case of a fault with the vehicle in Republic of Croatia or/and in a foreign country, the Client is obligated to contact the branch office for repairs or vehicle replacement. In case when Client has Lessor's written confirmation for vehicle repair or/and damage repair, Lessor will refund the cost of repair when presented with the original invoice of an authorized service and part of the vehicle which was replaced because of the fault in accordance with the contracted vehicle insurance. When passing the state border, the Client is obligated to give a customs official the invoice for verification. Lessor is not considered responsible for damage or loss to the property of the Client in the rented vehicle.
9. PARTICIPATION IN THE DAMAGE (FRANCHISE)
The participation in the damage (franchise) can be bought out by paying an additional amount for the buyout of the franchise in accordance with the valid Price List (LOSS). Basic insurances CDW AND TP do not cover Damage handling Fee in amount according to the Price List. The basic insurance CDW and TP insurance do not cover damages and losses that may occur on the risk territories and/or in war zones, or the case in which the leased vehicle is used outside borders of the Republic of Croatia without written consent of the Lessor. By paying the daily passenger additional insurance (PAI), the driver and the passengers are insured for the cases of death and disability up to the amount prescribed by the insurance company at which all Lessor’s vehicles are insured. By accepting CDW, TP and CDW+ and/or WUG insurances, the substantive liability of the User for the damage incurred by not abiding by the items VI and VII of the General Terms and Conditions of the Contract is not diminished. The insurance does not cover the liability of the User or the additional driver for the damage incurred to the leased vehicle and to the property of other legal and physical entities, or the damage incurred to those persons, done purposefully, under the influence of alcohol or drugs, by driving without an appropriate driving license or during the prohibition of driving (confiscated driving license), as well as in cases in which the number of persons in the vehicle exceeded the number of registered seats and in other circumstances prescribed by the rules of insurance, submitted to the User for check. The insurance does not cover the following risks: destruction/damage of the tires, wheels or hubcaps, destruction/damage to the undercarriage of the vehicle, the vehicle interior, all windows and any other damage without a record. The insurance does not cover damages caused by war operations or riots.
Client bears the costs of the fuel consumed and he is responsible for refueling. In the case that Client returns the vehicle with less fuel, Lessor has the right to calculate the service of fueling the tank according to Lessor’s price list.)
11. REMAINING PROVISIONS
Lessor is not liable for the damage suffered by the User due to the delay in the delivery of the vehicle, or for the damages that might be incurred to the User or the driver due to the malfunction of the vehicle during the lease period.
Only the amendments done in written form are legally valid. The possible nullity or impeccability of specific provisions of this Contract cannot result in the nullity or impeccability of the entire Contract. The same is applicable for the gaps that might appear in the implementation or interpretation of the Contract. Invalid or impeached provisions, as well as all the gaps in the Contract shall be replaced by the provisions of valid regulations of the Republic of Croatia, which are the closest to the sense and the purpose that the contracting parties intended when stipulating the contract, but principally the provisions of the Civil Obligations Act. The User must not sublease the leased vehicle. The User must not carry out any kind of modifications on the leased vehicle during the lease period, except for those stipulated in under the item 8. of the General Terms and Conditions. In case of a dispute, the parties shall consider the court at the location of the head office of the Lessor to be the competent court. The Contract is made in two identical copies.