TERMS AND CONDITIONS OF RENTAL.Terms used, Nature and Object of this Agreement
Authorized Operator of the Vehicle
Pickup/Delivery and Return of the Vehicle
Renter's Responsibility for Loss or Damage
Use of the Vehicle
Terms of Payment
Responsibility for Property
Third Party Liability Insurance
Damages, Accidents, Theft and Vandalism
Limits on Liability
Parking and Traffic Fines
Summary of Optional Services
Validity of the Conditions
1. TERMS USED, NATURE AND OBJECT OF THIS AGREEMENT.
A) Following abbreviations and terms are used from now on:
I) Conditions – these Terms and Conditions of Rental which govern the rental and use of a vehicle;
II) Lessor – the company mentioned on the front page of the Rental Agreement that uses the trademark "City Car Rent a Car" and has the jurisdiction of forwarding the user rights of the vehicle (also referred to as "City Car");
III) Renter – the natural or legal person (also referred to as "Customer") identified on the front page of the Rental Agreement who obtains the user rights of a vehicle and the associated full liability of a person in possession of a major source of danger, from the Lessor according to the agreement signed with the Lessor, considering that if the representative of the said legal person signs the agreement without legal or authorized consent from the legal person, he/she will be held a party to this agreement as a natural person, should the said legal person contest the agreement.
IV) Rental Agreement – the agreement between the Lessor and Renter with which the Lessor forwards the user rights of the vehicle to the Renter, according to the terms stipulated in the Rental Agreement (also referred to as "Agreement") and these Conditions;
V) Vehicle – the self-propelled vehicle mentioned on the front page of the Rental Agreement that or the user rights of which belong to the Lessor and are forwarded to the Renter according to the Agreement.
B) The Conditions stipulate the Renter's rights and obligations before City Car when using the Vehicle. The Renter acknowledges that the Vehicle or its user rights are owned by City Car and he/she does not have the authority to forward the rights and obligations obtained by signing the Agreement to a third party. Any attempted transfer or sub-rent of the Vehicle is permitted only in agreement with City Car. City Car permits You to use the Vehicle strictly in accordance with the Conditions.
C) At or at Renter’s request prior to signing of the Rental Agreement, City Car will make these Conditions available to the Renter.
D) The Rental Agreement is made for the use of one Vehicle in a period that is designated in the Agreement, or until City Car has actually taken possession of it.
E) Signing of the Agreement.
I) By signing the Agreement, the Renter acknowledges that he/she has read these Conditions, and takes the obligation to meet them;
II) The Conditions will not cease to be valid also after the Vehicle has been returned.
2. AUTHORIZED OPERATOR OF THE VEHICLE.
According to the Agreement, the Vehicle must only be driven by the Renter or any other person who has been authorized by City Car at the commencement of the rental by noting his/her details on the Rental Agreement as an additional driver.
The Customer agrees that he/she will not allow anyone (including himself/herself) to drive the Vehicle:
A) who does not fulfill the minimum City Car requirements regarding age, possession of a valid driving licence and/or any other minimum requirements;
B) who is under the influence of alcohol, drugs or any other substance impairing their consciousness or ability to react, or who is fatigued.
3. PICKUP/DELIVERY AND RETURN OF THE VEHICLE.
A) The Lessor will supply the Vehicle to the Renter in good overall and operating condition, complete with all necessary documents. All necessary documents are defined as documentation required by law to use the Vehicle in the way the Renter has informed the Lessor.
B) The Renter agrees to return the Vehicle to City Car at the location and on the date
and time designated in the Rental Agreement, in the same condition as rented, with the same documents and accessories, subject to natural tear and wear. Natural tear and wear is defined by the “Instructions For Defining Natural and Unnatural Tear and Wear of Motor Vehicles” of the Union of Estonian Car Sales and Servicing Companies (AMTEL).
C) The Renter will check the condition of the Vehicle when supplied by City Car, and with his/her signature, will agree that it corresponds to the description given in the Vehicle Condition Report or the Agreement. The Renter must have a City Car representative eliminate any difference between the Vehicle's actual and the documented condition before taking possession of the Vehicle. The Renter acknowledges that during the rental he/she will be responsible for the careful use, documents and accessories of the Vehicle as well as safe driving.
D) The Renter must return the Vehicle to the City Car location designated in the Rental Agreement within the normal business hours of the location concerned. If The Renter returns the Vehicle outside of these hours he/she must comply with the out-office hours return instructions for that location. In that case the Renter will remain fully responsible for the Vehicle until City Car personnel actually take possession of it.
E) If City Car has agreed that the Renter may return the Vehicle to a place other than a City Car rental location, he/she will remain fully responsible for the Vehicle until City Car personnel actually take possession of it.
F) If the Renter fails to return the Vehicle to the agreed return point at the time designated in the Rental Agreement, City Car will add an additional day's charges to the rental charges for each and every 24-hour period of delayed return.
G) The Renter is obliged to pay for the cleaning of the vehicle if the vehicle is not in the same condition as it was when the rental started and needs additional cleaning by the Lessor after the return.
4. RENTER'S RESPONSIBILITY FOR LOSS OR DAMAGE.
A) The Renter will be held fully responsible for damage to, theft of or loss of the Vehicle and/or its parts during the rental period. The vehicle parts described here also include accessories supplied for the rental. The Renter may reduce that responsibility only according to insurances and waivers described in paragraph 4(B) and accepted by the Renter, when signing the Rental Agreement. The Renter's responsibility includes repair costs of the Vehicle, loss of Vehicle's market value, loss of rental revenue due repairs (counting a daily distance driven of at least 100 kilometers), parking and towing costs and administrative costs related to those costs. City Car will organize Vehicle repairs as quickly as possible.
B) Provided You comply with all the terms of this Agreement and provided the damage, loss or theft of the Vehicle or its parts is not caused by an unauthorized driver or intentionally or by the gross negligence of an authorized driver, the Renter's responsibility will be limited as follows:
I) if the Renter has accepted Theft Protection (Theft Prorection: “TP”) by his/her signature in the Rental Agreement, his/her liability for loss or damage to the Vehicle or its parts that is the result of theft, attempted theft or vandalism is limited to the amount of the non-waivable excess stated in Agreement. The liability in the amount of the non-waivable excess applies for each such incident. If the Renter should be unable to present documents and keys of the Vehicle
and its detachable radio or detachable front panel of the radio to City Car in the event of theft of the Vehicle, he/she will be responsible in an amount that equals the purchase value of the Vehicle.
II) If the Renter has accepted Collision Damage Waiver (Collision Damage Waiver: “CDW”) by his/her in the Rental Agreement, his/her liability for damage to the Vehicle or its parts is limited to the amount of the non-waivable excess stated in Agreement, provided the damage is not a result of theft, attempted theft or vandalism. The liability in the amount of the non-waivable excess applies for each such incident.
III) If the Renter has accepted Super Collision Damage Waiver (Super Collision Damage Waiver: “SCDW”) by his/her in the Rental Agreement, his/her liability for damage to the Vehicle or its parts is limited to the amount of the non-waivable excess stated in Agreement, provided the damage is not a result of theft, attempted theft or vandalism. The liability in the amount of the non-waivable excess applies for each such incident. Super Collision Damage Waiver will reduce the Renter's responsibility only if he/she has accepted Collision Damage Waiver ("CDW") as well. Super Collision Damage Waiver is offered only at some City Car locations – more information is available at the time of preparing the Rental Agreement.
In case the Renter has accepted Super Collision Damage Waiver by his/her signature in the Rental agreement but Super Collision Damage Waiver is not offered by City Car at that location or at that time, the Renter's non-waivable excess will be defined as the non-waivable excess of the Collision Damage Waiver.
C) The Renter is fully responsible for damages that are caused by the driver's inability to correctly judge the Vehicle height. That responsibility cannot be waived even by accepting insurances as described in paragraph 4 (B).
D) For each tire failure at the time the Renter is responsible for the Vehicle, the Renter is obliged to pay a penalty according to the valid price list of the Lessor. That responsibility cannot be waived even by accepting insurances as described in paragraph 4 (B).
E) For the loss of each accessory supplied for the rental period, the Renter is obliged to pay a penalty according to the valid price list of the Lessor. That responsibility cannot be waived even by accepting insurances as described in paragraph 4 (B).
F) If the Renter wishes to use his/her own insurances when renting a Vehicle, he/she is obliged to cover fully all costs caused by damage to, loss of and/or theft of the Vehicle and/or its parts. The Renter may be compensated by his/her insurance company only according to the contract between him/her and the insurance company.
5. USE OF THE VEHICLE.
A) The Vehicle may be driven only on conditions contained in paragraph 2 and this paragraph 5. The Renter is responsible for attentive use as well as observant driving and is obliged to use the Vehicle only for its designated purposes. If the Renter does not comply with these conditions, he/she will be fully liable for the loss and damage his/her behavior causes to City Car or the rented Vehicle and will additionally lose the benefit of limited responsibility gained by any waivers or insurance selected. City Car reserves the right to take back the Vehicle at any time, and at the Renter's expense, if he/she is in breach of this Agreement.
B) The Renter must lock the doors of the Vehicle and activate its anti-theft systems, if provided, when leaving the Vehicle. The Vehicle must be parked on areas designated for parking. If the Vehicle is equipped with a detachable radio or the radio has a detachable front panel, it must be taken along and stored in a safe place, when leaving the Vehicle. Safety belts and child seats must be used according to the legislation of the Republic of Estonia.
C) The Renter must use the correct fuel (keep fuel receipts) and check the oil and other fluid gauges beyond 1000kms, refilling oil and other fluids as necessary. If the Renter experiences any problem due to accident or mechanical failure, he/she must contact City Car immediately. The Vehicle may be serviced or repaired only with City Car’s prior permission.
D) The Vehicle may not be used:
I) for carrying more people than allowed in its registration certificate or technical specifications;
II) for carrying more cargo than allowed in its registration certificate or technical specifications;
III) for towing or pushing of other vehicles (including trailers);
IV) for driving on terrain or roads that are not suitable for the Vehicle;
V) for carrying goods that are not properly fastened;
VI) for carrying goods or objects, the odor of which causes damage to the Vehicle or renders its immediate renting impossible;
VII) on rallies, test drives or racing events;
VIII) in violation of traffic and other regulations;
IX) for illegal actions;
X) for re-renting;
XI) for driving on areas where traffic is prohibited;
XII) for driving lessons;
XIII) for carrying people or cargo for business purposes;
XIV) for carrying animals. Transportation of animals is permitted only on prior agreement with City Car in specially designed cages;
XV) in violation of paragraph 2 of the Conditions.
E) The Renter is obliged to inform the renting location about his/her driving route when signing the Rental Agreement. The Vehicle may be used on the territory of the Republic of Estonia only, except on following conditions:
I) The City Car Vehicle may be driven to The Republics of Finland, Latvia, Lithuania and The Kingdom of Sweden, the Renter must purchase the written permission on his/her Agreement and pay the Border Crossing Fee (“BCF”) for it according to the price list of City Car.
II) The Renter will be fully responsible for any damage or loss, including the repatriation costs of the Vehicle, caused to City Car, the Vehicle, its parts and/or third parties, if he/she breaks any of the conditions in paragraph 5(E). That responsibility cannot be waived even by accepting any of the insurances described in paragraph 4(B).
F) Insurances described in paragraph 4(B) and accepted by the Renter do not cover damage to the engine, transmission and clutch if they have been caused by inproper driving technique. The cause of those damages will be determined by inspection at an official dealership of the vehicle.
6. TERMS OF PAYMENT.
A) By signing the Rental Agreement, the Renter authorizes City Car to debit all costs arising from completing of the Rental Agreement to his/her credit or charge card or any other method of payment accepted by the Lessor. City Car has the right to pre-authorize charging of an amount from the Renter' s credit card that equals the sum of estimated rental charges, the non-waivable excess of the Vehicle, a tankful of fuel and refueling service charge.
B) The Renter is responsible for covering the entire cost of the Rental Agreement even if he/she has listed a third party has the payer.
A) Rental charges reflect the use of the Vehicle by the Renter on the conditions agreed on at the time of signing the Rental Agreement. The Rental Charges include the price of the rental and charges for supplementary services that the Renter has opted for and/or accepted at the time of reserving the Vehicle and/or signing the Agreement. All charges are taxable according to the legislation of the Republic of Estonia.
B) The basis for calculating rental charges are the tariff that is valid during reserving of the Vehicle and has been agreed on between the Renter and City Car, and the price list of the
Lessor. The Renter must meet the conditions of validity of that tariff. The conditions of validity include but are not limited to time of rental, minimum length of rental and existence of discounts.
C) Rental charges are calculated for a minimum period of 24 hours, unless the conditions of validity of the tariff agreed on at the time of signing the Agreement stipulate otherwise.
D) Rental days are calculated as 24-hour periods starting from the pickup time of the rental. An each next rental day will commence after the pickup time has been exceeded by more than 29 minutes.
E) Based on the Renter's actual use of the Vehicle, the rental costs may incur expenses that cannot be foreseen in the beginning of the rental. These may include costs related to not meeting the conditions of validity of the tariff, costs related to missing the return time and/or location designated in the Agreement, costs of covering the loss of or damage to the Vehicle and/or its parts, the fee for refueling and the service charge related to it, costs for returning outside of office hours and/or a City Car location, costs for additional cleaning, costs of traffic and/or parking fines and the administrative fees related to them, costs originating from a breach of the Conditions of the Agreement and other costs that are related to the Renter's use of the Vehicle but are not agreed on in the beginning of the rental. According to the signed Agreement, the Renter is obliged to pay for all those costs.
F) Final costs of the rental will be determined after the Vehicle has been returned.
8. REFUELING COSTS.
A) The Vehicle shall be delivered to the Renter with a full tank of fuel. The fuel level of the Vehicle shall be set out in the Vehicle Condition Report or in the Agreement to within an accuracy of 1/8. If the Vehicle is returned with less than the same quantity of fuel that was in the tank at the beginning of the rental period, considering an accuracy of 1/8, the Renter shall pay a service fee for the missing fuel and refuelling service on the basis of the Lessor’s price list.
In case the distance driven by the Vehicle during the rental is less than 100 kilometers City Car reserves the right to ask the Renter to present a refuelling receipt proving that the Vehicle has been refuelled. If the said receipt cannot be produced City Car may deem the Vehicle not properly refuelled, calculate a missing fuel in the amount of 1/8 tank, and charge a fee for refuelling and missing fuel.
B) If, upon entry into the Agreement, the Renter expresses their wish to purchase a full tank of fuel in advance (“Fuel Purchase Option”), they shall undertake to pay for this in the amount set out in the Agreement and may return the Vehicle without refuelling. No settlements shall be made for fuel that is not consumed by the time of returning the Vehicle.
9. RESPONSIBILITY FOR PROPERTY.
City Car takes no responsibility for the property and objects of the Renter, additional drivers and passengers that has been left in the Vehicle during its use or after that.
10. THIRD PARTY LIABILITY INSURANCE.
A) Third party liability insurance is included in the basic rental charge.
B) The third party liability insurance of City Car vehicles meets all legal requirements and protects City Car, the Renter and any authorized additional driver according to the law and conditions of that insurance.
C) The Renter is obliged to compensate City Car for all the costs that arise from the claims of insurance providers if the use of the Vehicle did not meet the requirements stipulated in paragraphs 2 and 5.
11. DAMAGES, ACCIDENTS, THEFT AND VANDALISM.
A) The Renter is obliged to report any traffic accident, crash, theft of the Vehicle or its parts and/or any other incident the Vehicle is involved in to City Car and on its demand the Police.
B) Without City Car' s consent, the Renter must not accept any possible liability or free anyone from a possible liability after an incident. The Renter is obliged to take the names, telephone numbers and addresses of the witnesses and persons involved in the incident and may not settle with the collection of oral information only.
C) In the event of an accident, theft and/or vandalism, the Renter is obliged to fill in an accident or theft report form. The Renter must also provide City Car with a signed letter of explanation containing his/her account of the incident, and a copy of his/her driving license.
D) If the Vehicle is stolen, the Renter must hand the Vehicle keys, detachable radio or the detachable front panel of a radio, documents and remote control of the Vehicle's anti-theft system over to City Car. If the Renter fails to present the objects to City Car or violates the conditions of paragraph 11 in any other way, not even the insurances described in paragraph 4(B) and accepted by the Renter will free him/her of the responsibility in the amount of the purchase value of the Vehicle and/or other costs arising from the accident, theft and/or vandalism.
E) The Renter is obliged to cooperate with City Car and its insurance providers on the investigation of the traffic accident, theft and/or act of vandalism.
F) If weather conditions, darkness, time and/or location of the Vehicle return make it impossible for City Car employees to discover the loss of Vehicle parts and/or damages the Vehicle and/or its parts have sustained during the rental, or if the discovery is difficult due to uncleanness of the Vehicle, location of the damages and/or initial location of the missing parts, then City Car has the right to charge for loss or damage also after their discovery. In terms of this paragraph 11(F), City Car has the right to claim compensation only for loss or damage that has been discovered no later than 5 days after the Vehicle has been returned by the Renter, provided the Vehicle has not been rented again during that time.
12. LIMITS ON LIABILITY.
A) Subject to paragraph 12(B), City Car will not be liable to the Renter or any third party for any loss or damage arising from the rental unless the loss or damage are caused by the gross negligence or willful misconduct of City Car. City Car will not be liable for any indirect damages, consequential loss, loss of profits or special damages of any kind.
B) Nothing in paragraph 12(A) will exclude or reduce the liability of City Car for death or personal injury if they are caused by the gross negligence or willful misconduct of City Car, or any other liability which cannot be excluded or reduced as a matter of law.
13. PARKING AND TRAFFIC FINES.
A) The Renter is fully responsible for all traffic and parking fines obtained during the rental and any other breach of law and its consequences.
B) If the Renter receives a traffic or parking penalty during his/her rental, City Car must be informed about this at the end of the rental.
C) If the fines described in paragraph 13(A) are paid by City Car, the Renter must compensate City Car for them and also pay the interests, legal and administrative costs related to them according to the price list of the Lessor.
D) Upon Renter's request, City Car will supply him/her with a copy of any violation notice that originate from his/her use of the Vehicle and have been paid by City Car.
14. SUMMARY OF OPTIONAL SERVICES.
A) Vehicle rental charges are a combination of services included in the basic rate and optional services according to the vehicle group reserved. The Renter may purchase/accept optional services in addition to the reserved ones.
B) The Renter is not guaranteed a Specific model of a car but a Vehicle from a vehicle group distinguishable by certain features. For additional fee, the Renter may choose a vehicle from a group other than reserved if possible at the renting location. C) Specific information about insurances as optional services is given in paragraph 4 of these Conditions.
15. PERSONAL INFORMATION.
A) By signing the Rental Agreement, the Renter allows City Car to store his/her personal information and data of the Rental Agreement, and process them according to City Car needs that include statistical analysis, credit check and protection of City Car property. In case of a breach of the Agreement by the Renter, City Car may make that information public and forward it to third parties according to the need of eliminating the damages City Car has sustained due to that breach of the Agreement, and to eliminate the damage in the future.
B) The Renter has the right of reviewing his/her information City Car has stored.
16. VALIDITY OF THE CONDITIONS.
A) City Car reserves the right of changing the Conditions unilaterally and without prior notice.
B) Breach of any of the paragraphs in the Conditions will not void the Agreement and will not free City Car nor the Renter from fulfilling their obligations according to rest of the Conditions.
C) Any dispute between City Car and the Renter will be settled between the parties. In addition the Lessee has the right to turn to the Estonian Consumer Protection Board. If a settlement cannot be reached, the dispute will be settled in court according to the legislation of the Republic of Estonia in the Tartu County Court.