The Lessor hereby leases to the Lessee the vehicle specified in the Vehicle Lease Agreement (hereinafter referred to as the "Vehicle") on the basis of all the terms and conditions and arrangements set forth herein, and the Lessee accepts the lease of the Vehicle and agrees to pay the Lessor the agreed rent.
The Lessee declares that:
1. The Lessee has received the Vehicle in the condition as per the Vehicle Acceptance Report, in good order and condition and will return the Vehicle together with the tyres, tools, vehicle documents, accessories and equipment in the same condition (normal wear and tear is assumed, but excluding unreasonable wear and tear caused by improper handling of the Vehicle) at the agreed location specified in the Vehicle Rental Agreement and on the date specified in the Vehicle Rental Agreement, unless the Lessee requests an extension to which the Lessor agrees.
2. The Lessee agrees not to use (operate) the Vehicle as follows:
(a) to transport goods in breach of customs regulations or in any other illegal manner;
b) for the carriage of passengers or property for remuneration (direct or indirect);
(c) to propel or tow any vehicle or trailer;
(d) in the context of automobile (motor) sporting events;
(e) by drivers under the influence of alcohol or drugs;
f) by any person other than:
(i) the Lessee or any other person(s) apprenticed or employed by the Lessee, approved by the Lessor, who is at least 21 years of age at the time of the rental (or falls within the same age category as stated in the Lessor's tariff in respect of the type of vehicle being rented), meets the required qualifications and has held a valid driver's license for at least one year; or
(ii) in the event of a breakdown or accident, the vehicle may be driven by a motor vehicle repairer, provided that he or she meets the required qualifications and is duly licensed (and holds a driver's licence)
g) outside the list of permitted countries specified by the Lessor.
h) for the carriage of cargo, unreasonably soiled items, animals
3. The Hirer shall be fully and unconditionally liable to pay to the Lessor under this agreement:
(a) the mileage fee, calculated using the rate specified in the Vehicle Rental Agreement document, for the kilometres travelled by the vehicle until the vehicle is returned (the number of kilometres travelled by the vehicle will be determined after reading the data on the tachometer installed by the manufacturer; in the event of failure of the tachometer, the mileage fee will be calculated on the basis of the distances travelled during the journey according to the automap);
b) the charge for the time of use of the vehicle, the charge for breakdown insurance and additional insurance (if ordered), the charge for theft protection (if ordered), personal accident insurance (if ordered) and various other charges using the rates set out in the Vehicle Rental Agreement document;
c) an additional charge for one-way hire (if applicable) as set out in the Vehicle Hire Agreement document or if the Vehicle is parked elsewhere than at the agreed return point without the written consent of the Lessor, and also a charge per mile travelled from the hire point to the vehicle's parking location as determined by the Lessor from time to time;
d) all fines and court costs relating to parking, traffic, other offences against the law or any act in contravention of the law imposed on the Rental Vehicle, against the Hirer, any other driver or the Lessor since the return of the Rental Vehicle, including the administrative fee for the processing of the fine in accordance with the current price list set out in the Fees section, except where this is due to the Lessor's fault;
(e) reimbursement of the Lessor's costs of out-of-court and in-court enforcement of payments hereunder in the event of default
f) the costs incurred by the Lessor for the replacement of damages caused to the vehicle provided, by whomsoever caused, irrespective of the group to which the vehicle belongs; as well as the loss of profit, calculated using the daily rate indicated on the reverse side, lost by the Lessor as a result of the inability to use the vehicle; the costs incurred by the Lessor for the replacement of the vehicle in the event of its theft; however, in the event that the Lessee complies with all of the terms of this agreement, in particular under clause 4, its liability for such costs:
(i) shall not exceed the amount of liability specified in the Vehicle Rental Agreement document for the occurrence of any one insured event; and
(ii) will be limited to the corresponding difference between the damage not covered by the collision insurance and the damage to the hired motor. Vehicle (if the Hirer has previously purchased collision insurance) within the terms and conditions of insurance agreed between the Lessor and its insurer.
g) the cost of fuel consumed during the Hire, together with a charge according to the current price list for refuelling currently applied by the Lessor.
h) the relevant local taxes (if applicable) payable in respect of the above items.
(i) default interest at the rate of 12.5% per annum on the amount due on any monetary obligation from the day next following its due date until paid, in the event of the Lessee's failure to perform its obligations under this Lease in a proper and timely manner
(j) a contractual penalty of 0,1 % per day of the amount due on any monetary obligation from the day after it is due until payment, for failure of the Lessee to perform its monetary obligations under this Agreement in a proper and timely manner
(k) a contractual penalty of EUR 30,00 per day from the day following the day fixed for the performance of the obligation until fulfilment, in the event of failure by the Lessee to fulfil its non-monetary obligations under this Agreement in a proper and timely manner
l) a fee for non-acceptance of the vehicle on the day of reservation in the amount of 50% of the total rental price of the reservation
(m) a cancellation fee of 30% of the total rental price of the reservation
4. The Renter further agrees to protect the interests of the Lessor and its insurance company in the event of an accident, loss or damage to the vehicle by:
(a) obtaining the names and addresses of the parties (parties involved) and witnesses;
(b) not admitting liability or fault and not giving money to any person or persons involved;
(c) does not leave the vehicle without taking reasonable care to ensure that it is adequately secured and secured;
(d) notify the nearest Avis office by telephone, even in the event of minor damage; and further, complete an incident (accident) report to the Rental Company within 24 hours;
e) always notify the police immediately, even in the event of minor damage or injury;
f) not leave the scene of the accident before the arrival of the police patrol
g) prevent damage by parking the vehicle only in places that are safe whenever possible, preferably in guarded car parks and parking areas
In the event that the hirer fails to do so in accordance with clause 4, the hirer shall be liable for the full amount of the damage caused, regardless of the insurance purchased as indicated in the Vehicle Hire Contract document. The Lessee also understands that any coverage under the purchased insurances as indicated in the Vehicle Rental Agreement document is subject to the coverage of such risks by the Lessor's insurance contract with its insurance company. In the event that the damage caused is not covered by the insurance contract, the Lessee shall be fully liable for damages to the Lessor regardless of the insurance purchased and shall be obligated to pay the Lessor for all damages caused to or in connection with the leased vehicle.
Both parties agree that the price list published on the Lessor's website or specialised calculation software commonly used by insurance companies to calculate the cost of repairs may be used to quantify the damage to the vehicle, in addition to the actual cost, and that this calculation fully replaces proving the actual cost of repairing the vehicle.
5. Should the Hirer purchase Personal Accident Insurance (PAI) by ticking the "I accept" box on the Vehicle Hire Agreement document they will receive cover under the terms and conditions agreed between the Hirer and their insurer.
6. The Hirer hereby releases and discharges the Lessor from and against any and all liability for loss or damage to any property (including related costs) left, stored or carried by the Hirer or any other person in or on the Vehicle prior to the return of the Vehicle to the Lessor or after the return of the Vehicle to the Lessor. The Hirer shall act so as to prevent as far as reasonably practicable any damage to the Vehicle in connection with the theft of the Vehicle or any items contained in the Vehicle.
7. As Lessor will take all precautions and use its best efforts to prevent loss or damage caused by defect or mechanical failure of the Vehicle and other consequential loss or damage, Lessor will not be liable for any such loss or damage.
8. In the event of any breach by the Hirer of any of the terms and arrangements herein contained, the Hirer may, without notice to the Hirer, remove the Vehicle and for that purpose the Hirer may enter upon the premises where the Vehicle may be and take the Vehicle, and the Hirer shall be liable for and indemnify the Hirer against all proceedings, claims, costs, expenses and damages following or arising out of such removal and taking of the Vehicle and the Hirer shall indemnify the Hirer against all such proceedings, claims, costs, expenses and damages.
9. If Lessee wishes to pay by credit card or charge card pursuant to the billing instructions set forth in the Vehicle Rental Agreement document, then Lessee's signature on the Vehicle Rental Agreement document shall constitute authorization for Lessor to calculate the final total charges, including charges due as a result of theft or damage to the Vehicle, and to debit Lessee's account with the institution that issued said card with said charges. The exchange rate to be used for any currency conversion shall be finally decided by the Lessor.
10. Any additions or changes to these terms and conditions shall be null and void without the written consent of both parties.
11. The Parties agree that the rights and obligations arising from the Contract shall be governed by the provisions of the Contract and its terms and conditions and lease arrangements (General Terms and Conditions) and the provisions of Act No. 513/1991 Coll., the Commercial Code, as amended, or a binding legal act of the European Union.
12. If the Lessee returns an excessively dirty vehicle, the Lessee shall be liable for damages related to the washing and cleaning of the vehicle that are not marked on the acceptance report in the section "Vehicle on acceptance", even after the physical handover of the vehicle until the vehicle is inspected by the Lessor. The Lessee also undertakes to return the vehicle to the Lessor's branch in the presence of an employee of the Lessor so that any damage to the vehicle can be documented. If the Renter returns the vehicle without the presence of an employee of the Lessor, the Renter shall be responsible for any damage found upon inspection of the vehicle by an employee of the Lessor, and agrees without reservation to charge compensation for such damage
13. The Hirer acknowledges that the vehicles may be monitored by a GPS tracking system within the legitimate interests of the Lessor.
14. If the Lessee purchases S-CDW i.e. collision insurance with a reduced deductible and a zero deductible, the same terms and conditions as set forth in Section 4 hereof shall apply to the Lessee.
15. The Lessor reserves the right to charge the Lessee's account with the institution that issued the said card with a guarantee for the vehicle in the amount set by the Lessor, i.e. the Lessee will not be able to dispose of this amount for the duration of the lease.
AVIS vehicles are non-smoking. If the Hirer breaches any of the terms and conditions of the Hire during the use of the vehicle, AVIS reserves the right to charge a fee based on the current price list listed on avis.sk in the fees section.
17. The Lessor and the Lessee agree that, except for those disputes for which the Arbitration Act No. 244/2002 Coll. expressly excludes it, they shall settle mutual disputes arising or to arise between them in connection with this Agreement in arbitration proceedings under the provisions of the Arbitration Act and the substantive law of the Slovak Republic before the arbitrator JUDr. Milan Vojtek, with registered office at Jilemnického 30, 036 01 Martin, Slovak Republic, or before another arbitrator or arbitration court in the territory of a Member State of the European Union designated by JUDr. Milan Vojtek, with registered office at Jilemnického 30, 036 01 Martin, in accordance with the procedure provided for in § 8, paragraph 1 of the ZORC (the agreed method of designation of the arbitrator). The proceedings shall be in writing in accordance with Slovak law, in accordance with the Rules of Procedure of the Arbitration Court ARBITRÁŽ (in the case of arbitration by an arbitration court) or the Rules of Procedure (in the case of arbitration by an arbitrator) published on the website www.arbitraz.sk, and in commercial disputes in accordance with the principles of fairness (§ 31(4) of the ZORC). In cases regulated by the provision of § 22a of the CCC, the filing of the motion shall not be served on the counterparty.
18. An integral part of the Lease Agreement is the document Processing of data and information on the lease, which regulates the conditions for processing personal data in the landlord's information system. If the vehicle is handed over later than agreed on the contract, without the prior consent of the lessor, AVIS reserves the right to charge a fee equal to the next day's rental and a late fee at the rate of the applicable price list for each day or for each day commenced.
19. Any damage to the interior is not covered by the agreed insurance. If damage occurs to the interior of the vehicle, the hirer responsible for the damage shall be charged actual damages in the amount of the cost of the work and service. If the amount for repair of any damage to the vehicle exceeds € 3.334,-, the lessee will be charged a deductible of 15% of the damage caused. Charges or any estimates for quantification of the repair of the damage are sent to the customer after the rental has been duly completed, within 10 working days at the latest. Exceptions to this rule are vehicles that are not roadworthy following a traffic accident, which will be taken to the workshop immediately.
20. AVIS reserves the right to repair the vehicle in a timeframe that most efficiently reduces the length of the repair interval so that the vehicle is taken out of service as soon as possible. The customer shall have the right to request repair of the vehicle immediately after the damage has been quantified. In such a case, the customer will be charged a standing charge of 70% of the value of the normal rental charge for the entire length of the service interval and the decommissioning of the vehicle as a result of the repair of the damage in question.
Valid from 01.01.2019
United Rental Group, Ltd. is an independent Avis licensee