General business terms and conditions
The Lessor hereby leases to the Lessor under the terms and conditions set forth herein and the Lessee accepts the vehicle specified in the Vehicle Lease Agreement (hereinafter referred to as the "Vehicle") and the Lessee accepts the vehicle for lease and undertakes to pay the Lessor the agreed lease.
The Lessee declares that:
1. The Lessee has received the vehicle in the condition according to the Vehicle Acceptance Protocol, in good condition and in good condition, and returns the vehicle together with tires, tools, vehicle documents, accessories and equipment in the same condition (normal wear and tear is assumed, but except for excessive wear caused by incorrect handling of the vehicle) to the agreed place specified in the Vehicle Lease Agreement document and on the date specified in the Vehicle Lease Agreement document, unless the Lessee requests an extension with which the Lessor agrees.
2. The lessee undertakes not to use (operate) the vehicle as follows:
(a) for the carriage of goods in breach of customs legislation 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 motor (sport) sporting events;
(e) drivers under the influence of alcohol or drugs;
(f) any person other than:
i) The Lessee or any other person (persons) trained or employed by the Lessee, approved by the Lessor and who is at least 21 years old at the time of rental (or falls into the same age category as stated in the Lessor's tariff in connection with the type of rented vehicle ), meets the required requirements and holds a valid driving 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 it meets the required requirements and has the appropriate license (and driving license)
g) outside the list of permitted countries specified by the Landlord.
(h) for the transport of goods, unduly polluted goods, animals
3. The Lessee is fully and unconditionally responsible for the fact that under this contract he is obliged to pay to the Lessor:
(a) the odometer fee, calculated using the rate specified in the Vehicle Rental Agreement, per km covered by the vehicle until the vehicle is returned (the number of kilometers covered by the vehicle shall be determined after reading the data on the odometer installed by the manufacturer; kilometers calculated on the basis of the distances traveled during the journey by road);
b) fee for the period of use of the vehicle, fee for accident insurance and co-insurance (if ordered), fee for theft protection (if ordered), personal accident insurance (if ordered) and various other fees using the rate specified in the Contract document o lease of means of transport;
c) an additional one-way rental fee (if applicable), as stated in the Vehicle Lease Agreement, or if the vehicle is parked elsewhere than at the agreed place of return without the written consent of the Lessor, as well as the fee continuously determined by the Lessor for km traveled from the place of hire to the place where the vehicle is parked;
d) all fines and court expenses related to parking, traffic offenses, other offenses against the law or any unlawful act imposed on the rented vehicle against the Lessee, another driver or the Lessor since the return of the vehicle, including administrative fee for fine based on the valid price list listed on the avis.sk page in the Fees section, except if this is due to the Lessor's fault;
e) reimbursement of the Lessor's costs for out-of-court and judicial recovery of payments from this contract in case of delay
(f) Lessor's costs incurred to compensate for damage caused to the vehicle provided, regardless of who it was caused, regardless of the group to which the vehicle belongs; as well as loss of profit calculated using the daily rate on the opposite side lost by the lessor due to the inability to use the vehicle; the Lessor's costs of replacing the vehicle in the event of theft; However, if the Lessee complies with all the terms and conditions of this Agreement, in particular under clause 4, his liability for such costs:
(i) does not exceed the amount of liability specified in the Lease Contract for the occurrence of a single insured event; and
(ii) be limited to the corresponding difference between the damage not covered by the accident insurance and the damage caused to the rented mot. Vehicles (if the Lessee has purchased accident insurance in advance) within the insurance conditions agreed between the Lessor and his insurance company.
g) the cost of fuel consumed during the lease, together with the fee according to the current price list for refueling, which is currently applied by the Lessor.
(h) applicable local taxes (if applicable) due in respect of the above items.
(i) interest for late payment at a rate of 12.5% per annum on the amount due from any pecuniary obligation from the day after its due date until payment, in the event of the Lessee's failure to perform its obligations under this Agreement in a proper and timely manner
j) a contractual penalty of 0.1% per day of the amount of any pecuniary obligation due from the day following its maturity until payment, in the event of non-performance of the lessee's pecuniary obligations under this contract in a proper and timely manner
(k) a contractual penalty of EUR 30,00 per day from the day following the date for performance of the obligation until performance, in the event of non-fulfillment of the lessee's non-monetary obligations under this Agreement duly and on time
4. The Lessee 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) identify the names and addresses of interested parties and witnesses;
(b) it does not recognize its responsibility or guilt and does not give any person or persons concerned money;
(c) not leave the vehicle without ensuring that it is adequately secured and secured;
(d) inform by phone the nearest Avis office, even in the event of minor damage; and further fill in the incident report (accident) for the Lessor within 24 hours;
e) always notify the police without delay, even in the event of minor damage or injury;
f) does not leave the scene of the accident before the arrival of the police patrol
h) will prevent damage by parking the vehicle only in places that are safe if possible, as a matter of priority in guarded parking lots and parking areas
In the event that the lessee does not proceed in accordance with point 4, he is liable for the damages caused in full, regardless of the purchased insurance as indicated in the document Contract for the lease of a means of transport. At the same time, the Lessee is aware that any coverage according to the purchased insurances as indicated in the document Contract for the lease of a means of transport is conditioned by the coverage of these risks by the Lessor's insurance contract with his insurance company. In the event that the damage is not covered by the insurance contract, the Lessee is fully responsible for compensation for damage to the Lessor, regardless of the purchased insurance and is obliged to pay the lessor the entire damage caused to the rented vehicle, respectively. in connection with the vehicle.
Both parties have agreed that in addition to the actual costs, a price list published on the Lessor's website or specialized calculation software commonly used by insurance companies to quantify repair costs may be used to quantify vehicle damage, and this calculation fully replaces proof of actual vehicle repair costs.
5. Should the Lessee purchase:
a) Personal Accident Insurance (PAI) by confirming in the Contract of Lease of Transport means the box "I accept" receives coverage on the basis of the insurance terms agreed between the Lessor and his insurance company.
6. The Lessee hereby releases and relieves the Lessor of any and against any liability for loss of or damage to any property (including related costs) that would be retained, stored or transported by the Lessee or any other person in or on the vehicle before returning the vehicle to or after the Lessor. return of the vehicle to the Lessor. The Lessee is obliged to act in such a way as to prevent, as far as possible, damage to the vehicle related to the theft of the vehicle or things in the vehicle.
7. As the Lessor shall take all precautionary measures and make every effort to prevent loss or damage caused by a vehicle failure or mechanical failure and other consequential loss or damage, he shall not be liable for any such loss or damage.
8. In the event that the Lessee violates any of the conditions and arrangements set forth herein, the Lessor may, without notice, withdraw the vehicle and for this purpose may enter the premises where the vehicle may be located and take it, with the Lessee being responsible for all actions. , claims, costs and damages that would follow or result from such removal and takeover of the vehicle and the Lessor shall indemnify all such actions, claims, costs and damages.
9. If the Lessee wants to pay by credit card or payment card on the basis of the invoicing instructions given in the Lease Agreement, then the Lessee's signature in the Lease Agreement entitles the Lessor to calculate the final total fees, including fees payable. as a result of theft or damage to the vehicle, and debit the Lessee's account with the institution that issued the card. The exchange rate, which will be used in any currency conversion, will be decided definitively by the Lessor.
10. Any additions or changes to these terms and conditions will be invalid without the written consent of both parties.
11. The Contracting Parties agree that the rights and obligations arising from the Contract will be governed by the provisions of the Contract and its terms and conditions of lease (General Terms and Conditions) and the provisions of Act no. Act no. 513/1991 Coll. Commercial Code as amended, resp. binding legal act of the European Union.
12. If the Lessee returns an excessively contaminated vehicle, the Lessee shall be liable for damage related to washing and cleaning of the vehicle which is not marked on the acceptance protocol in the "Vehicle on Acceptance" section even after the physical handover of the vehicle to the Lessee. If the Lessee returns the vehicle without the presence of the Lessor's employee, he is responsible for any damage found during the inspection of the vehicle by the Lessor's employee and unreservedly agrees to charge compensation for such. damage
13. The Lessee acknowledges that the vehicles may be monitored by a GPS monitoring system within the legitimate interests of the Lessor.
14. If the Lessee purchases S-CDW tz accident insurance with zero co-participation, the same conditions as stated in point 4 of this document apply to him.
15. The Lessor reserves the right to debit the Lessee's account with the institution that issued the card with a guarantee for the vehicle in the amount specified by the Lessor, which means that the Lessee will not be able to dispose of this amount for the duration of the lease.
16. AVIS vehicles are non-smoking. If the lessee breaches any of the rental conditions while using the car, AVIS reserves the right to charge a fee based on the valid price list listed on the website un the Fees section.
17. The landlord and the tenant have agreed that in addition to those disputes in which Act no. 244/2002 Coll. The Act on Arbitration Proceedings (hereinafter referred to only as the Act on Arbitration) explicitly excludes, they will resolve mutual disputes that arose between them or arise in connection with this Agreement in arbitration proceedings under the provisions of the Act and the substantive law of the Slovak Republic before the arbitrator JUDr. Milan Vojtek, with its 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 its registered office at Jilemnického 30, 036 01 Martin, in accordance with the procedure laid down in § 8 para. 1 ZoRK (agreed upon method of appointing the referee). The proceedings will be in writing according to Slovak law, according to the Rules of Procedure of the Arbitration Court ARBITRÁŽ (in case of arbitration) or Rules of Procedure (in case of arbitration) published on the website www.arbitraz.sk and in commercial disputes according to the principles of justice (§ 31 (4) ZoRK). In cases regulated by the provisions of § 22a ZoRK, the submission of the proposal is not delivered to the counterparty.
18. An inseparable part of the Lease Agreement is the document Processing of data and information on the lease, which regulates the conditions of processing personal data in the information system of the lessor. If the vehicle is handed over later than agreed in the contract, without the prior consent of the lessor, AVIS reserves the right to charge a fee in the amount of the next day's rent and a delay fee in the amount according to the valid price list for each day or for each started day.
19. The participation for vehicle damage is listed on the lessor's website in the Fees section.
Valid from 01.01.2019
United Rental Group, s. r. o. is an independent Avis System Licensee.