THE CAR RENTAL AGREEMENT - PROVISIONS
- The Lessor shall rent to the Lessee,and the Lesseeshallaccept fromthe Lessor to the rental use a car(hereinafter in the text shall be referred to as the Car). Simultaneously with the Car, the Lessee shall be given all the car-related equipmentsandaccessories(keys, documents, tires, car mats, a fire extinguisher, a first aid kit, a triangle, etc.).
- The Lessee, by signing the Car Rentalagreement and by signing these regulations (hereinafter in the text both together collectively shall be referred to as the Agreement), confirms that he/she has thedriving license of the appropriate category, a prohibition hasn’t been imposed on it, as well as he/she confirms that his/her driving license is valid.
- The Caris being transferredto the Lesseein a good technicalandvisual condition, without any defects. All thecomplaints regarding the state of the Car shall be submitted to the Lessorimmediatelyonreceipt of the Carandbefore leaving the place where the Car has been received. The complaints shall be recorded on the firstpage of the Agreement.All the complaints which have been receivedafterwards shall bedeemed unsubstantiated and unreasonable, and the Lessee shall be held liable for these complaints.
- The Lessee shall be obliged:
a) Prior to the conclusion of the Agreement, to pay in the sum of the security deposit for the Car, as well as to pay the rental fee and to make payments for any additional services, if the Lessee has chosen them;
b) after expiration of the term of the Agreement, to return the Car to the Lessor in the previously agreed place and in the previously agreed time, in the same technical and visual condition, and with the same liters of fuel in the fuel tank, as it was in the Car at the moment of the Car being transferred, as well as with all the equipments, accessories and documents. If the Renter fails to return the Car to the Lessor at the agreed place and time, it shall pay the Lessor a whole day’s rental fee set forth in the Agreement for each day of delay in return of the Car until the day when the Car is returned to the Lessor;
c) to comply with the conditions for safe operation of the Car, as well as shall be obliged to use the Car carefully and attentively, observing the provisions of the Agreement, as well as in compliance with all the applicable and valid Road Traffic Safety regulations and other binding regulations;
d) in case of any damages caused to the Car, immediately to report the Lessor by calling the telephone number: +371 20660000, and, having agreed with the Lessor, in case of necessity immediately, but not later than within two days to deliver the Car to the Lessor at the address: Katrīnas dambis 29 Riga, Latvia;
e) to make the payment of the rental fee and all other payments which have been related with the rent and use of the Car and which have been stipulated by the Agreement, observing the procedure of the settlement of accounts and terms which have been stipulated by the Agreement. Any payment (monetary penalty, interest on overdue payments, expenses of idle standing, administrative fees, the expenses related with the elimination of the damages, etc.), which has to be made by the Lessee (except for the payments which have been mentioned in the sub-clause a) of the clause 4 of these regulations), shall be made by the Lessee within 5 (five) days after the day on which the Lessor’s claim has been made. By signing this Agreement, the Lessee undertakes to pay to the Lessor the fine in the amount of 5% (five per cents) for each delayed day regarding every payment (each of them separately), which had to be made by the Lessee according to the Agreement and according to the Annex No.1, but which hasn’t been made. The contractual penalty payment shall be made additionally to the principal payments, and it shall not free the Lessee from making these payments;
f) to provide to the Lessor the complete and true information about himself/herself, and immediately to notify the Lessor, if within the validity period of this Agreement, there are any changes in the address, telephone number or e-mail address of the Lessee;
g) within the whole validity period of this Agreement, the Lessee shall be fully financially liable for each damage, caused to the Car, and for any loss, which has been caused due to such a damage (both direct and indirect, as well as accidental damages) to the Lessor and/or to the third persons and which occurred due to the breach of the provisions of the Agreement, due to the Lessee’s negligence, ignorance, inattentiveness, irresponsibility, malice, due to any accident, or due to the third parties’ fault.
h) immediately to pay all the administrative fines and any fines related to the breach of the Road traffic regulations, if the Lessee knew about these fines or was informed by the Lessor, and if these fines were imposed within the validity period of the Agreement. At the moment of transfer of the Car, the Lessee shall present to the Lessor the documents, confirming the payment of the fines. In case, if after the return of the Car to the Lessor, it is stated that the Lessee has not made the payment of fines for the breach of the regulations, the Lessee shall be obliged to pay the imposed fine, as well as to pay to the Lessor the administrative fee (Annex 1). The Lessee shall be also obliged to pay up other fines (including the fines which have been imposed based on the records made by the speed cameras and video radars) which may become known to the Lessor even after the expiration of this Agreement, but which were recorded within the validity period of this Agreement. The sums of the fines and the administrative fees can be deducted or collected in accordance with the clause 8 of the Agreement;
i) to indemnify for all the losses caused to the Lessor (both direct and indirect, as well as accidental), which have been incurred by the Lessor in connection with the claims raised by the third persons, as well as in connection with the claims regarding the Car during the period of time when the Car was rented by the Lessee;
j) to comply with the mileage restriction which has been specified in the Agreement; to pay up all the fuel which is used for the Car, and to cover the expenses which are related with the use of the Car and its operation, to cover unforeseen expenses which occur within the validity period of the Agreement, including the costs related with the Car washing and cleaning the Car’s passenger compartment;
k) to keep the Car on the round-the-clock guarded parking place;
l) to take all the possible measures, to prevent or reduce the damages caused to the Car, also during a natural disaster;
m) to pay all administration fees and penalties imposed for breach of the provisions of this Agreement, in accordance with Annex 1;
n) upon the request of the Lessor, the Lessee shall personally show/produce the Car to the Lessor in the place and in time, specified by the Lessor.
- The Lessee shall be prohibited:
a) to transfer the Car to the compensated or to the uncompensated use to the third parties. If the Lessee has transferred the Car to the third party and the Car is damaged, the permanent damages have been caused to the Car or its total loss or its theft has occurred, the Lessee shall remain fully liable towards the Lessor for the fulfillment of the liabilities of the Agreement;
b) to make any changes to the Car, to install any additional equipments into the Car, to replace the existing equipment with the other, as well as independently or through the third parties, to make any repair works of the Car or any replacement of its parts, except for the cases when such actions are prior agreed in writing with the Lessor;
c) for the time of absence of the Lessee, to leave in the passenger compartment of the Car any documents and keys of the Car;
d) to smoke in the Car;
e) to participate with the Car in a car race of any kind; to drift (to drive causing a sidewise skidding); to use the Car for driver training courses; to sublease the Car; to use the Car for illegal activities; to use the Car for the off-road driving circumstances; to leave the territory of the European Union; to use the Car for towing other vehicles, as well as for a caravan or trailer towing.
f) to take any other measures which could cause damages to the Car and/or could cause any losses to the Lessor.
- The Lessee shall be responsible forcorrect andappropriateuse offuel, at filling upthe tank,as well as for the control of the oil level, and the levels of all the technicalfluids, each time at refueling theCar.
- The Lessor shall be entitled to withhold the Lessee’s paid security deposit up to 10 (ten) business days after the date on which the Car is returned back to the Lessor, or longer, if the Lessee has caused any damages to the Car, which he/she has to indemnify to the Lessor, and which the Lessor has to eliminate, or if there are any uncertainties regarding unpaid penalties caused by the Lessee.
- If the Lessee hasn’t made the payment of the penalty according to the procedure which has been stipulated by the sub-clause h) of the paragraph 4 of the Rental agreement, then the Lessor, stating such a fact, shall apply an administrativefee in accordance with the Annex 1, and shall be entitled to payall incurredpenaltiesfrom the Lessee’s paidsecurity deposit orpre-authorized sum. The Lessor shall be entitled withoutthe Lessee'sconsentto withholdany administrative fee issued to the Lessee also from the Lessee’s paid security deposit, as well as the down time/idle standing costs, the payments incurred due to the damages caused to the Car, the charges,specified in the Annex 1, and otherpayments.If the totalpaymentamount exceedsthe sum of the security deposit, then the Lessor shall be entitled to deduct/withhold the remaining part of the sum from the Lessee’sbank card(as it is mentioned on the first pageof this Agreement), or to collectthe fee fromthe Lesseethrough the third parties, if the Lessee fails, on the free will basis, to make the payment of penaltiesand/orother payments issued to him/her, according to the procedure, stipulated by the Agreement.
- The Lesseewith his/hersignature confirms that he/she agrees that in case of failure to make any paymentthe Lessor shallbe entitled to transferthe Lessee’spersonaldata to the third partiesfor recovery/collection the debts.Similarly,the Lessor shall be entitled to submit a copy of the Lessee’sdata and of the Agreement to the institutions such asthe police,courts, etc., to provide the evidence that during the validity period of the Agreement the Car was at the Lessee’s disposal.
- All expenses related to debt collection shall be paid by the Renter regardless of whether a lawyer or other specialist is involved.
- The Lessee shall not be entitled to transfer any of his/her rights or obligations arising from this Agreement, to any other party. The Lessor doesn't need the Lessee's consent, to transfer any of its rights and obligations.
- The Lessee is aware that the Car is the source of the increased danger.
- The Lessee shall beentitledto use the Car within the territory of the Republic of Latvia, as well as having received the priorwritten consentof the Lessor, the Lessee shall be entitled to use the Car in the other countries of the European Union. If the Lessee breaches the provisions of this paragraph, the Lessorshall be entitledto demand theLessee,andLessee shall be obliged immediately to deliver the Car to the Lessor. In this case,the Lessor doesn't indemnify for any losses incurred by the Lessee, and the Lessor shall be entitled not to return to the Lesseethe security deposit, which has been paid in by the Lessee, as well as not to return the Rentalfee forthe remainingdays.In addition, theLessor can write out and submit to the Lessee an administrative fee payment anda penalty payment (fine) in according to the Agreement and the Annex No. 1, as well as the Lessee shall be obliged to cover all the losses, caused to the Lessor.
- If the Caris stopped/arrested byany official authority and the Carfor any reasonis delivered tothe parking place of this authorityand/or the Carfor any reasonisevacuated, the Lessee shall be obligedimmediately to informthe Lessorand to take all the necessary measuresto get the Car back into his/her or into the Lessor’s disposal.In the event iftheLesseeis also arrested, the Lessor shall beentitledto take the Car back, without indemnifying any losses to the Lessee. In such cases,the Lessee shallremainresponsibletowardsthe Lessor regarding the fulfillment of the obligations of the Agreement(including the payment of all the penalties imposed in this connection and otherdamages caused tothe Lessor), but it does not entitlethe Lesseeforthe extension of the rental period, andthe Lessor shall not be entitled to return to the Lessee the rental payment, made by the Lessee.
- If the Car is being used in breach of the provisions of the Agreement, the Lessor shall reserve the right at any time to overtake/alienate (dispose) the Car under his control without any prior notice, and to terminate the Agreement on a unilateral basis. In this case, the Lessor shall not indemnify to the Lessee for any losses, shall not return to the Lessee the sum of the security deposit, paid by the Lessee, as well as shall not return the rental payment for the remaining period of the rent, and the Lessee shall be additionally obliged to cover all the Lessor’s costs and losses, occurred in this connection (both direct and indirect, as well as accidental), as well as the Lessee shall be obliged to pay all the fines, imposed on the Lessee (and/or the Car), and the fines which are specified in the Annex No. 1.
- The Lessorshall not indemnify to the Lesseefor the losses, aswell as for anypossible expenses, including, butnot limited to the Lessee’sand/or the third parties’travel expenses, cargo or luggagetransportationand/or lossexpenses, as well as the Carevacuationcosts that may occur in connectionwith themotion cessation within the validity period of this Agreement due to the Lesseeor any third party. The Lessee is informed that the risk of the motion cessation isn’t insured.
- The Lessorshall bear no responsibilityforany belongings which have beenleftortransportedby the Lessee in the Car, including theloss (disappearance) of the belongings or damages caused to these belongings. Within the validity period of this Agreement, the Lessee shall be fully responsible forall the belongings which are being transported by him/her and which have been placed inside the Car. As well as the Lessor shall bear no responsibility towards the Lessee regarding the death, bodily injuries or any other damage to health, damage to the environment or any other damage which is caused in the result of the use of the Car.
- The Lessor shall be entitled to control whether the Lessee complies with the requirements of the Car’s operation and with the provisions of the Agreement.
- The Car is insured in accordance with the Compulsory Civil Liability Insurance (OCTA) regulations. The Renter shall be liable for any damage caused to the Car; however, the Renter shall have the option, under the Agreement, to pay a separate extra fee for each rental day in order to purchase CASCO insurance, which provides that in the event of an accident that falls under the definition of the CASCO insurance risk the Renter’s deductible liability shall be reduced to EUR 0.00, which shall be specified in the Car Rental Agreement. However, if the insurance company for any reason refuses to pay the CASCO indemnity to the Lessor (or if the amount of the indemnity paid does not cover the full amount of costs incurred), the Renter shall remain fully liable to the Lessor and the Renter shall be obliged to pay the Lessor 100%of the amount of any damages (whether direct, indirect or incidental) and/or costs. CASCO insurance does not apply to situations where the Renter has violated the provisions of this Agreement and/or the Road Traffic Rules and/or other binding rules currently in force and/or if the car is driven by an unauthorized driver; in this case, the Renter shall be fully liable for any damage caused to the Lessor (whether direct, indirect or incidental).
- If theLessee returns the Car to the Lessorbefore the expiration of the Agreement validity period, therental payment, which has been paid in, shall not be refunded to the Lessee, except for the cases when it is impossible to continue using the Car due to the fault of the Lessor (for example, the Car has the damages which haven't been caused by the Lessee).
- The Parties can agree on the extension of the term of the rental period, however the Lessor shall be entitled not to accept the prolongation of the validity period of the rental agreement. If the Lessor doesn’t agree on the extension of the term of the rent, then the payment which has been made by the Lessee for the extension of the term of the rent, shall not entitle the Lessee to have the extension of the Car rent, and the Car shall be delivered back to the Lessor, observing the time period which has been specified in the Agreement. If the Lessor agrees on the extension of the term (also by telephone or in the electronic form – in such cases it is not obligatory to make the remark/note in the Agreement regarding this fact), the extended period of time shall be included into the validity period of the Agreement.
- The validity period of the Agreementis the entireperiod starting fromthe day on which the Agreement has been signed until the Car-Motor vehicle receiving protocol (in the Car Rental Agreement or in a separate report) isn’t signed. Until that moment it is considered that the Caris at the Lessee’s disposal, and theprovisions of the Agreement are binding upon the Parties. The protocol shall be considered to be signed, when it is signed by theLessor. None of the Parties shall be entitled toprevent thesigning of thesaid Protocol.
- If a road traffic accident has occurred, the Lessee shall act in accordance with the legislation of the national road traffic regulations of the European Union, and he/she shall call the police or complete the agreed statement of facts on a motor vehicle road accident, as well as he/she shall immediately inform the Lessor about this road traffic accident. If the Car has been damaged as a result of other accidents (for example, in the result of wood or other objects falling on the Car), the police shall be called to the place of an incident, and the Lessee must assure himself/herself that an accident report has been drawn-up. If any other accidents and/or the damages of the Car and its parts and/or the theft of the Car or its parts has taken place, the Lessee shall immediately notify the Lessor and shall call the police and must assure himself/herself that the fact of the theft is being recorded, as well as the corresponding notification shall be completed, regarding this fact. The Lessee must assure himself/herself that the data of all the other parties involved in an accident, as well as the data of the eyewitnesses are being registered, to obtain the complete information on the accident. The Lessee shall not be entitled to accept any third-party claims, which they could raise in connection with an accident or in connection with the theft of the Car or its parts. The Lessee shall be obliged to help the Lessor and/or the insurance company regarding all claims and/or legal matters related to accidents, the theft of the Car or its parts. A copy of any document, which has been drawn-up by the police, shall be submitted by the Lessee to the Lessor not later than within 3 days from the date of occurrence of a particular event. If the Lessee improperly fulfills or fails to fulfill the obligations stated in this clause, he/she shall bear the full material responsibility towards the Lessor for all the losses caused to the Lessor in this connection (both direct and indirect, as well as accidental).
- If during the validity period of the Agreement or at the moment ofreturning the Car to the Lessor, itis found out that, within the validity period of the Agreement, the damages have been caused to the Car due to the Lessee’sfault, neglect, irresponsibility, unawareness, gross negligence, malice, inattentiveness, any accident or due to the fault of the third parties, the Parties shall specify damages to the Car in the designated place of the Car Rental Agreement or in a separate report. Ifthe Car is being returnedto the Lessorwithout thephysicalpresenceof the Lessee, then the Lessorshall be entitled to sing such a documentunilaterally, having invited twowitnesses;and such a document shall be binding upon theLessee. After the deed/protocol has been drawn-up, the Car shall be delivered tothe Lessor’sspecifiedautoservice station, where the damages, which have been caused to the Car and which have been specified in the deed, shall be eliminated at the expense of the Lessee, except in cases where the Renter has opted for additional CASCO insurance and which fall under the definition of the terms and conditions of this insurance and which the insurance company undertakes to cover. The expenses pertaining to the Car’s repair works shall be covered by the Lessee, according to the Lessor’s submitted cost of estimate within 5 (five) days from the date of the Lessor’s claim/demand. The Lessee shall be obliged to pay to the Lessor the downtime/idle standing costs for the time period during which the Car is being repaired in connection with the damages, mentioned in this clause; the payment of the downtime/idle standing costs shall be paid for each day, and this payment is equal to the Car’s one-day rental fee according to the Agreement. The Lessor shall be entitled to deduct/withhold the amount of the expenses from the Lessee’s bank card (as it is mentioned on the first page of this Agreement), to withhold from the paid sum of the security deposit or to collect the payment from the Lessee through the third parties, if the Lessee fails to make the payment of these expenses on the free will basis within the time period, determined by the Lessor.
- By signing this Agreement, the Lessee confirmsthat he/she isaware of thevideo surveillanceequipments, which have been installed in the Lessor'spremises,and that he/she has noclaimsin this regard. The aim of the video surveillance is the defense and security of the Lessor'sinterests and rights. The Lessor shall reserve theright to publishtheserecords by means of television, in newspapers and in the Internet in a case, if the Car is not returnedto the Lessorwithin two (2) calendar days starting from the day, on which the Lessorhas requestedto return the Car, and/or in a case, if the Lessorhas substantiated doubts that the Carwill not be returned, as well as in cases, when the Lessee doesn’t return the Car to the Lessor in the time and place, which have been specified in the Car Rental agreement.
- If the Lesseeviolatesorfails to comply withany provision of this Agreement, the Lessor shall be entitled not to refundto the Lesseethe security deposit, which has been paid by the Lessee, as well as the Lessor shall be entitled to recoverthe additional costsin accordancewith the Agreement, Appendix No. 1 and the law.
- The Lesseehas been informed thatif the Caris not returnedto the Lessorwithin two (2) days starting from the day of expiration of the validity period of the Agreement or starting from the day, on which the Lessorhas requestedto return the Car, and/or in a case, if the Lessorhas substantiated doubts that the Carwill not be returned, the Lessorwill report to thesecurity services and authorities of the Republic of Latvia regarding apossible fact of thecriminaloffense.
- The person who signsthe Agreement on behalf of alegal entity/companyas a physical person (Guarantor), shall be liable to the Lessor to the same extent as the debtor himself/herself, regarding the liabilities and requirements, which have been stated for the Lessee, which have been included into the Rental agreementand which mayarise or havearisenagainst the Lessee regarding the Lessee’s non-performance orimproper performance of the obligations or regarding any other Lessor’s claimagainst theLessee, which follows from the Agreement.
- Anydispute shall be settled in a way of the mutual negotiations.If theparties are unable toresolve a dispute through negotiations, it shall be settled bythe Court of the Republic of Latvia according to the standard procedure and according to the normative enactments of the Republic of Latvia, or in the European CommercialArbitration Court, up to the choice of the claimant, according to the normative enactments of the Republic of Latvia and according to the regulations of this Arbitration court andattachments to these regulations or according to the regulations of the Court of the General Jurisdiction, in the composition of one arbitrator, in the written process in the Latvian language. The matter to be tried-any disagreement or claim of the property ornon-propertynature following from this Agreement, including any disagreement or claim regarding the performance of this Agreement, contractual penalty payments, indemnification of losses or collateral security against losses, aswell as any otherdisputesconcerning the agreement, agreement amendments, breach, termination,legality, validity orinterpretation.
- The Agreement can be terminated, amended and supplementedby means of the written Parties’ covenant which shall be executedasan annex to the Agreement, and shall become its integral part.
- The Lessee shall confirm with his/her signature that he/she has read all the provisions of the Agreement, he/she understands the legal consequences of this Agreement which become valid by signing this Agreement, and that he/she has received the comprehensive and complete information about the Car, about the account settlement methods and procedure, the procedure of implementation of the Agreement, as well as about the liabilities in an event of default or improper fulfillment of the obligations. The Lessee confirms that the clauses of the Agreement have been discussed and explained, and he/she fully agrees with them. As well as the Lessee shall confirm with his/her signature that he/she has read the Appendix No. 1 of the Agreement and agree to all the amounts of penalties, which have been specified in this Appendix and which the Lessee shall undertake to pay within five (5) days from the date of the Lessor's claim.
- The terms and conditions of the Agreement shall be entirely binding upon theboth Partiesand upon their successors in title.
- The issues which haven’t been stipulated bythe Agreementshall be settled by the Parties in accordance with theregulatory enactments of the Republic of Latvia.
- If any of the provisions of this Agreement becomes invalid, it shall not influence the other provisions of this Agreement.
- By signing this Agreement, the Parties confirm that theyare authorized tosignsuch an agreementand to undertake the rights and obligations, contained in this Agreement.
- These Terms and Conditions are made on one (single) page, the text of the Agreement being printed on the both sides of the page, in two identical copies, one of which is kept by the Lessor, the other one – by the Lessee. Both copies shall have the identical legal force. These Terms and Conditions are an integral annex to the Car Rental Agreement. Annex 1 on the reverse side is also a binding part of the Agreement.
Lessor: Lessee: ____________________