GENERAL BUSINESS TERMS AND CONDITIONS FOR LEASE OF A VEHICLE FOR A FEE

1. Conclusion of a Lease Contract for Means of Transport

1.1 Lease Contract for Means of Transport (hereinafter referred to as “Contract”) is concluded by and between the Contracting Parties in the form of a separate written contract agreed on by both Contracting Parties hereto.
1.2 The Lessor is obliged to deliver the Lessee a means of transport (hereinafter referred to as “Vehicle”) to the place and at the time defined in the Contract or in the Acceptance Protocol. The handover and take-over of the Vehicle shall be confirmed by both Parties by signing the Acceptance Protocol. The Lessee is obliged to pay agreed rent during the entire duration of the rent period which is calculated from the day of hand-over of the Vehicle to the Lessee (signing of the Acceptance Protocol).
1.3 The Subject of Rent is a type of Vehicle which is specified in the Acceptance Protocol in more details.
1.4 The Lessor reserves a right to request a deposit from the Lessee. The amount of the deposit shall depend on the type of Vehicle and ranges from EUR 300.00 €. The deposit shall be returned to the Lessee after termination of the rent period and returning the Vehicle to the Lessor in intact state together with all accessories taking into account common deterioration caused by use of the Vehicle. The deposit shall also serve for any damages or contractual penalty arising from this contractual relationship and the Lessor shall be entitled to unilaterally set off any claim against the Lessee against such deposit.

2. Obligations of the Lessor

The Lessor undertakes:

2.1 to hand-over the Vehicle to the Lessee for its temporary use in good technical condition, equipped with accessories and documents as required by valid legal regulations of the Slovak Republic,
2.2 to insure the Vehicle with the motor third party insurance,
2.3 to perform all necessary repairs and service inspections of the rented Vehicle.

3. Obligations of the Lessee

The Lessee is obliged:

3.1 to use the Vehicle properly, with professional care, in the manner and to the extent prescribed by the purpose of its use, technical conditions, instructions, manuals and relevant regulations; to ensure that no damage is caused to the Vehicle, to observe the Vehicle manufacturer’s instructions on the operation of the Vehicle and the instructions on inflating the tyres.
3.2 to check the condition of engine oil, coolant, brake fluid, tire pressure and other parts of the Vehicle before driving, which could subsequently endanger road safety or damage the Vehicle. The Lessor shall not be responsible for the condition of the Vehicle and any damage to property or health of persons using the Vehicle if the Lessee has not checked the technical condition of the Vehicle before driving. Any damages arising from neglect of these obligations shall be paid by the Lessee in full.
3.3 to use the Vehicle exclusively for his/her need. It is prohibited to sub-lease this Vehicle, to operate it in order to carry out other business activity, to participate on races, competitions, etc., to use the Vehicle for pushing or towing of other vehicles, trailers or other objects, as well as to use it in conflict with conditions stated in instructions for use of the Vehicle or instructions of the Lessor. The Lessee must not allow a third person to use the Vehicle. The Lessee – a legal entity or entrepreneur may define a range of its employees authorized to use the Vehicle; however, the legal entity is not allowed to abandon the Vehicle to other legal entity or entrepreneur. A range of employees authorized to use the Vehicle must be defined in the Lease Contract.

The Lessee shall not be entitled to create any security, pledge, lien or other right in favour of a third party over the Vehicle or to allow another person to do so.

3.4 In case that the Vehicle is equipped with a removable radio, the Lessee is obliged to remove such radio before leaving the Vehicle and to secure it against theft. In case that the Vehicle is equipped with a removable panel, the Lessee is obliged to remove such removable panel or code card and to secure them against theft.
3.5 The Lessee is obliged to refrain from any changes to the Vehicle without prior written consent of the Lessor. If not, the Lessee is obliged to return the Vehicle to its original condition before expiration of the agreed rent period at its own expenses.
3.6 Upon request of the Lessor, the Lessee is obliged to park the Vehicle anytime during the rent period to check, whether the Vehicle is used in proper way. The Lessor shall not be liable for damage to the property and belongings of the Lessee located or left in the Vehicle.
3.7 The Lessee is obliged to inform the Lessor in writing about each accident or any other damage to the Vehicle caused by its operation without undue delay (however no later than within 6 hours after a damage was found). The Lessee is obliged to report an accident or other damage to the Vehicle by phone without delay. In any case, the Lessee is obliged to evidence each damage of the rented Vehicle by a document about reporting a damage to a competent Department of the Police Force of the Slovak Republic. In case of late reporting of damage, the Lessee shall be liable for any potential damages, (e.g. regressive claim of the insurance company filed against the Lessor).
3.8 In case of any insurance event occurring on the Vehicle, the Lessee shall participate in the liquidation of the damage in the amount of EUR 300.00, except in case of any of the forms of fault of the insurance event (intent or negligence of the Lessee), intentional damage or damage caused intoxicated or under influence of other narcotic and psychotropic substances, when the Lessee is liable for damage caused in full. However, this shall not affect the obligation to pay any other commitments (e.g. compensation, penalties, etc.) under applicable law, the Lease Contract or these GBTC. In case of any insurance event in which any parts on the rented Vehicle or the Vehicle as a whole are damaged or stolen, the Lessee shall furthermore be obliged to take all necessary actions, in particular:

  • to call police, emergency, ensure witnesses or other necessary evidence, secure the Vehicle against its robbery or theft, arrange its towing and temporary storage, if the Vehicle is immobile, and contact the Lessor – inform the Lessor of the current situation.
  • ensure the names and addresses of involved parties /participants and witnesses of the insurance event/

Should the Lessee leave the territory covered by the vehicle insurance without the Lessor´s prior consent, i.e. without car insurance, the Lessee assumes all liability and risk for compensation for damages and all consequences of unauthorized use of the rented Vehicle and in addition the Lessee pays a contractual penalty in the amount of EUR 1,000.00 for each such individual breach of the Contract.

3.9 In case of theft of the Vehicle, the Lessee shall participate on incurred damage in the amount of 20 % of price of the Vehicle at the time of its theft.
3.10 In case of damage not covered by the insurance, the Lessee is obliged to compensate the Lessor in full for such damage. This obligation of the Lessee shall also apply e.g. in case of fault of the insurance event (intention or negligence of the Lessee), as well as in case of causing damage to the Vehicle due to intoxication by alcohol or other drugs and psychotropic substances.
3.11 In case that the Vehicle will be used for commitment of criminal activity due to negligence or breaching of obligations by the Lessee and the Vehicle will be detained by the Police Force, the Lessee is obliged to compensate the Lessor lost profit for the period when the Vehicle was detained in terms of the concluded Lease Contract.
3.12 In case of a need to repair the Vehicle anywhere in the territory of the Slovak Republic or abroad (after written consent of the Lessor), the Lessee shall immediately ask the Lessor for its consent to make such repair, which must be granted in writing (or by e-mail).
3.13 To secure the vehicle against theft; if in case of theft of the Vehicle the Lessee fails to submit valid documents of the Vehicle taken over from the Lessor during taking over the Vehicle or if it is proven that the Vehicle has not been adequately secured, the Lessee undertakes to pay an amount equal to the difference between the purchase price of the Vehicle stipulated in the Purchase Contract and the amount of insurance indemnity paid by a respective insurance company. Furthermore, the Lessee undertakes to pay 100 % of the rental rate for each day until the insurance company has paid the insurance indemnity as the agreed contractual penalty.
3.14 The Lessee shall be liable for a damage caused by destruction, theft or damage of the Vehicle to the extent in which such damage will not be covered by insurance indemnity under the insurance policy. In case of damage caused by the Lessee, the Lessee undertakes to pay lost profit for the period from occurrence of the insurance event until completion of the repair, and a damage incurred by such insurance event. In case of gross own culpability when the policy will cover costs on compensation of damage only partially, the Lessee shall pay a difference between the costs of the repair and amount of indemnity paid by the insurance company after consent of the Lessor; the provisions of par. 3.8 to 3.10 hereof shall apply mutatis mutandis.
3.15 During the rent period, the Lessee is obliged to notify the Lessor about change of its registered office, place of business or change of domicile, as well as all other changes that could affect proper fulfilment of obligations arising from this Contract. The Lessee is also obliged to notify the Lessor of the names of drivers who will drive the vehicle in advance in writing.
3.16 In case of termination of the rent, the Lessee is obliged to return the Vehicle properly and on time, in a clean condition, as taken over, with all items as per the Vehicle Acceptance Protocol and with a full tank of petrol.
3.17 The Lessee is obliged to prevent inadequate deterioration or destruction of functional devices of the Vehicle. In case of damage or excessive contamination of exterior of interior of the Vehicle which does not correspond to common use, the Lessor shall request compensation of costs connected with cleaning or repair of the Vehicle.
3.18 For loss of documents and accessories to the rented Vehicle (certificate of registration, certificate of payment of mandatory insurance, keys to the vehicle, removal radio panel, radio), the Lessee is obliged to pay the Lessor compensation for damages in full, as well as a contractual penalty in the amount of EUR 165.00 (payment of the contractual penalty shall not affect the right to compensation for damages even to the extent in excess of the agreed contractual penalty). After leaving the Vehicle, the Lessee is obliged not to leave the above-mentioned documents and accessories to the rented Vehicle in the Vehicle.
3.19 The Lessor is not entitled to use the Vehicle to travel to countries outside the EU or otherwise transport the Vehicle there unless the Lessor has given its express written consent to do so.
3.20 The Lessee has been expressly advised by the Lessor that smoking is prohibited in the rented Vehicle. The Lessee agrees to comply with this instruction. The Lessee undertakes to pay the Lessor a contractual penalty in the amount of EUR 165.00 for each case of burning a hole in the seat upholstery or any other part of Vehicle interior (e.g. by a cigarette, etc.). At the same time, the Lessee undertakes to pay the Lessor a contractual penalty in the amount of EUR 100.00 for smoking in the vehicle (in particular if the interior of the vehicle is dirty or smells of smoke).
3.21 If after return of the Vehicle the Lessor finds out that the Lessee or a third party has replaced parts of the Vehicle, the Lessee is obliged to pay the Lessor the purchase price of the replaced part as well as a contractual penalty in the amount of three times the purchase price of the original part.
3.22 The Lessee is obliged to return the Vehicle with the same amount of fuel in the tank as when the Lessee took-over of the Vehicle. Otherwise, the Lessee is obliged to pay the Lessor the sum of EUR 2.00 for each liter of fuel to the detriment of the Lessor. In addition to the above amount for each re-fueled liter of fuel (until the tank is refilled), the Lessee is also obliged to pay a one-off contractual penalty for breach of this obligation in the amount of EUR 50.00.
3.23 The fines imposed on the Lessor by the Police Force for an administrative offence caused by the Lessee shall be paid by the Lessee at the Lessor’s request, including the Lessee’s so-called strict liability for driving the Vehicle during the rent. The Lessee shall also be obliged to pay the Lessor the additional costs and damages incurred to the Lessor for the administrative offence caused by the Lessee for violation of the Road Traffic Act, as amended, in full.
3.24 The Lessee is obliged to use the vehicle in such a way that he/she does not pollute interior of the Vehicle. If the Lessee hands over the Vehicle to the Lessor and its interior is dirty, the Lessee undertakes to pay the Lessor a contractual penalty in the amount of EUR 100.00.

4. Rent and its Maturity

4.1 The rent agreed in the Contract is set by the agreement of the Contracting Parties. Daily rental rate is charged for each even started 24 hours.
4.2 The rent (daily rental rate) is set depending on the agreed rental period. In case that the Lessee terminates the Contract prematurely upon agreement with the Lessor, the Lessee is obliged to pay the renta at the daily rate for the actual rental period.
4.3 The rent includes the costs listed under Article 2 of these General Terms and Conditions for Vehicle Rental (including mandatory motor vehicle liability insurance). The Lessee shall pay fuel, costs of washing and interior cleaning of the Vehicle, accident insurance of persons using the Vehicle, insurance of luggage, as well as other costs.
4.4 The Lessee acknowledges that the Lessor is entitled to adjust the agreed rent with respect to changes in costs, especially the amount of insurance premiums, road tax, etc., which were not foreseeable at the time of conclusion of the Lease Contract. The Lessor is entitled to adjust the rent only to the extent which corresponds to change in costs according to the preceding sentence. The Lessor is obliged to notify the Lessee in writing of such a change in the rent in advance.
4.5 The rent shall be payable by the Lessee in advance, according to the agreed rental period, unless the Parties agree otherwise. Beyond the agreed rental period of the Vehicle, the Lessee is obliged to pay the rent within the period set by the Lessor.
4.6 In case of withdrawal or termination of the Contract by the Lessee in conflict with this Contract or GBTC, the Lessee undertakes to pay the Lessor a damage incurred to the Lessor by premature termination of the Contract. The Contracting Parties agree that the damage suffered by the Lessor as a result of such early termination of the Contract shall be deemed to be lost profits, the amount of which shall be determined by the rent for the remaining number of days of the agreed rent period until the end of the original rent of the Vehicle as agreed in the Contract.
4.7 In case of breach of the contractual obligation of the Lessee to pay agreed rent properly and on time in accordance with the Lease Contract for Means of Transport, in addition to the agreed rent the Lessee undertakes to pay also a contractual penalty in the amount of EUR 50.00 of the amount due for each day of delay until its payment. This contractual penalty shall not affect the Lessor´s entitlement to interest for late payment with the meaning of a special legal regulation.

5. Termination of Rent

5.1 The Lease Contract for Means of Transport for a limited period shall expire upon expiration of the rent period agreed in the Contract.
5.2 Prior to expiration of the agreed rent period specified in the Contract, the rent can by terminated by a written agreement of the Contracting Parties or a written notice of termination submitted by any of the Contracting Parties. Such notice shall become effective after 14 days from the day of delivery of the written notice to the other Contracting Party, unless stipulated otherwise in the Contract. The Lessor is also entitled to terminate the Contract by immediate withdrawal from the Contract, if the Lessee grossly violates the contractual terms and conditions or these General Business Terms and Conditions, especially the conditions specified in Article 3 hereof. Immediate withdrawal from the Contract shall become effective as of the day of its delivery to the Lessee. A day when the Lessee refuses to collect the document, as well as day of its storage in the post office shall be deemed as a day of delivery of the document. The Lessor shall deliver the document to the Lessee only to the address specified in the Lease Contract. If the Lessee fails to fulfill these General Terms and Conditions, especially the conditions specified in Article 3 hereof, the Lessor is entitled to withdraw from this Contract immediately during the rent relation and to request from the Lessee compensation of all incurred damages and costs connected with such withdrawal from the Contract. At the same time, if the Lessee seriously violates any of the above-mentioned conditions, the Lessor may, without prior notice, remove the Vehicle in question and for this purpose, the Lessor may enter the premises where the Vehicle is located and take it, while the Lessor shall be fully responsible for all the proceedings and claims for damages that would follow such removal.
5.3 On the date of rent period termination, the Lessee is obliged to return the Vehicle to the place where it was taken over, unless the Contracting Parties hereto agree otherwise. In case that the Lessee does not return the Vehicle to the place from where he/she took it, the Lessee is obliged to pay the Lessor a contractual penalty of EUR 2.00 for each km between the place of take-over of the Vehicle by the Lessor and the place of the contractually stipulated place for hand-over of the Vehicle.
5.4 If the Lessee fails to return the Vehicle duly and on time after termination of the rent period or does not require a written consent of the Lessor with extension of the rent period, the Lessee uses the Vehicle without a legal title. In this case the Lessor is entitled to inform the bodies involved in criminal proceedings about unauthorized use of the Vehicle by the Lessee, while the Lessee is obliged to bear all costs or damages caused by such use.

6. Final Provisions

6.1 The Lessor reserves a right to update and modify these conditions.
6.2 These General Terms and Conditions for Rent of Vehicles together with the Acceptance Protocol form integral part of each Lease Contract for Means of Transport concluded by and between the Lessor and the Lessee. Any deviating provisions in the Contract shall prevail over the provisions in these General Terms and Conditions for Rent of Vehicles.