Rental policy
General business terms for car rental
(hereinafter referred to as ‘GBT’)
LESSOR
Vladimír Komínek
Business name: Vladimír Komínek - AUTOPŮJČOVNA Carcomm
Registered office: Lom, Vrchlického 873, Post Code 435 11
CRN: 64680088
VAT ID: CZ 7604042787
physical entity convening business according to the Trade Act not registered in the Commercial Registry
Telephone no.: 774 633 332
e-mail: info@car-comm.cz
(hereinafter referred to as “Lessor”)
I.
Term Definition
1.1 Abbreviation GBT and term Lessor are defined above.
1.2 If GBT text includes the below defined terms written with capital letters, the meaning is as follows :
a) Lessee: person who concluded a Contract with the Lessor;
b) Consumer: Lessee, who above the scope of its business activities or above the scope of independent performance of the occupation concludes a contract;
c) Contract: The Contract on car rental was concluded between the Lessor and the Lessee, and it includes GBT;
d) Vehicle: transport vehicle subject to the Contract on car rental, with defined;
e) Rent period: period when the Lessee keeps the Vehicle for temporary as agreed with the Lessor, with the minimum of 24 hours;
f) Rent: price for using the Vehicle for the Rent period with agreed daily fee in the Contract; it does not include washing the Vehicle and its common maintenance;
g) Deposit: financial security to pay the rent and fulfil the obligations resulting from the Rent contract;
h) One day rent payment: every new day the Lessee uses the Vehicle, including the day of handing over the Vehicle to the Lessee, and the day of handing over the Vehicle to the Lessor;
i) Identity Card: a record which is a public record with defined name and surname, date of birth, and permanent address or the address outside the Czech Republic, it must depict the resemblance or other data to clearly enable the identification of the person who submits the record as its authorised owner;
j) Pricelist: it is included in GBT and contains the rates for daily Rent payment and the Deposit for individual types of Vehicles;
k) Branches: the premises used by the Lessor at addresses Vrchlického 873, Lom, Moskevská 14, Most, Chomutovská 252, Údlice, and náměstí Svobody 2937, Teplice;
l) Fuel: fuel used during the use of the Vehicle by the Lessee; the consumption is paid by the Lessee for the whole period of the Vehicle use until it is returned to the Lessor;
m) Parties: The Lessor and the Lessee
II.
Introductory Provision
2.1 GBT regulates the relations between the Lessor and the Lessee established based on the concluded Contract and unspecified in the Contract.
2.2 GBT are binding for the Lessor and the Lessee and form an integral part of the Contract.
2.3 Individual provisions of GBT can be replaced or eliminated by Contractual agreements.
2.4 GBT apply if the Contract and other provisions in writing between the Contractual Parties do not contain different amendment.
2.5 The contractual relations between the Contracting Parties are subject to act no. 89/2012 Coll., Civil Code, as amended.
2.6 The Lessor undertakes to leave the Vehicle to the Lessee for use for the period of Rent under the conditions defined in the Contract and the GBT, and the Lessee undertakes to pay the Rent and the Deposit to the Lessor at the rate defined in the Pricelist.
III.
Insurance
3.1 Every Vehicle is subject to appropriately concluded and paid insurance contract on damage liability resulting from the vehicle operation (i.e. mandatory insurance), and also an insurance contract on vehicle hull insurance with 5% co-insurance (risk of damage, vandalism, and theft). In case of insurance event during the Rent period, the Lessee is obliged to pay the defined 5% coinsurance to the Lessor within 10 days from delivering the invoice with defined tax record items.
3.2 If during the Rent period the Vehicle is damaged or damaged from another Vehicle not covered by the insurance, or which establishes the right of the insurer for the compensation of obligation fulfilled by the insurer for the Lessor, the Lessor is entitled to request compensation of the damage from the Lessee, including the loss of profit of the Lessor.
IV.
Vehicle driver
4.1 The Vehicle can only be driven by a person over the age of 20 who has had a driving license for at least two years for the respective group of Vehicles issued by the Czech Republic, member state of European Union, or contractual party to the Agreement on European Economy Area, or another state according to the international contract which the Czech Republic must observe and which regulates the traffic.
V.
Record of the Lessee before concluding the contract
5.1 Before concluding the contract, physical entity must submit
a) driving license;
b) another identity card.
5.2 Before concluding the contract, legal entity must submit
a) extract from commercial registry or another public registry where it is recorded, not older than six months;
b) list of drivers who will drive the Vehicle;
c) power of attorney to conclude the Contract and accept the Vehicle from a legal entity if the Contract is not concluded by a statutory body;
d) ID card of a person who will conclude the Contract;
e) ID card and driving license of a person who will accept the Vehicle;
f) driving licenses of persons defined in the list of drivers.
VI.
Handing over and accepting the Vehicle
6.1 The Vehicle can be handed over and accepted nonstop in the Branch of the Lessor defined in the Contract or in a different contractual location.
6.2 The Lessor is obliged to provide the Lessee with the Vehicle in appropriate technical state, equipped with accessories and records compliant with legal regulations. The Lessee is obliged to handover the Vehicle to the Lessor with the accessories, records, washed, clean, and in the state the Vehicle was received, including fuel. If the Lessee fails to fulfil its obligation to return the Vehicle with the same fuel level as received, the Lessor is obliged to pay the missing fuel price to the Lessor.
6.3 If the Lessee fails to return the Vehicle on the last day of the Rent period, the Vehicle will be considered stolen, and the Lessor is entitled to file a complaint at the Czech Republic Police.
6.4 Handover protocol is completed when the vehicle is accepted. All clear defects, damages to the Vehicle and comments related to the state of the provided Vehicle, the Lessee must inform the Lessor during the Vehicle acceptance, and it must be recorded in the Protocol.
VII
.Additional rights & obligations
7.1 The Lessor is obliged to perform the maintenance, repairs, and servicing of the Vehicle after every 15000 km. This obligation does not include the Vehicle washing. The costs related to the Vehicle repair, which resulted from the reasons caused by the Lessee, particularly due to incorrect use of the Vehicle by the Lessee or a third party which was allowed to drive the Vehicle by the Lessee, or by violating the Contractual conditions by the Lessee or an entity which was allowed to drive the Vehicle by the Lessee, will be fully covered by the Lessee. The Lessee is also fully responsible for any damages resulting thereof.
7.2 Obligation of the Lessee
a) use the Vehicle in compliance with the Contract, with generally binding principles for the use of vehicles;
b) make sure that no damages are inflicted to the car, particularly observe the instructions of the Vehicle manufacturer, maximum tyre pumping defined by the tyre manufacturer, secure the car from theft, abuse, destruction, and damage, after stopping (parking) the Vehicle use all safety device, do not leave keys and documents inside and lock the Vehicle;
c) perform common Vehicle maintenance at your own costs;
d) do not complete any changes to the Vehicle without former consent of the Lessor; if this obligation is violated, the Vehicle must be returned to the original state at the Lessee's costs before returning to the Lessor;
e) use the Vehicle solely for your requirements; never leave the Vehicle for use to another person; legal entity is obliged to leave the Vehicle for use solely to the persons defined in the list of drivers submitted to the Lessor before concluding the contract
f) never use the Vehicle for profit (i.e. taxi);
g) never use the Vehicle for competitions, races, etc.;
h) never use the Vehicle for towing other vehicles, etc.;
i) enable the Lessor to check the Vehicle any time during the Rent period for appropriate use;
j) bring the Vehicle in time for maintenance, repairs, and service inspection as per clause 7.1;
k) make sure the Vehicle does not become the subject of lien; pledge, and any other rights of a third party; if it occurs, immediately inform the Lessor;
l) if required repair the Vehicle during the Rent period, request the consent of the Lessor in advance, and consult the repair first on telephone or otherwise;
m) never use the Vehicle outside the Czech Republic without consent of the Lessor in writing;
n) accept the restrictions of the Vehicle use for maintenance, repairs, and service inspection as per clause 7.1 and inspection of appropriate use;
o) inform the Lessor on all changes in identification data and changes which could affect appropriate fulfilment of the obligations;
p) never use the marking of the Lessee or a third person on the Vehicle, or any other form of advertising (e.g. stickers);
q) if the Vehicle is returned dirty, the Lessee is responsible for the varnish damage found additionally after washing the Vehicle by the Lessor.
7.3 The Lessee is responsible for all sanctions placed in relation to the Vehicle operation during the Rent period. If the Lessor received the sanction, the Lessee must compensate the Lessor for all costs related to the sanction
7.4 The Lessee is obliged to immediately report any harm to the Vehicle or harm caused by the Vehicle to the Czech Republic Police and the Lessor, particularly traffic accident; in case of delay the Lessee is responsible for potential harm caused to the Lessor (e.g. due to regression compensation required by the insurance company).
7.5 In case of any traffic accident, the Lessee is obliged:
a) immediately call the Czech Republic Police and notify the Lessor regardless the damage scope;
b) immediately provide the Lessor with the confirmation of investigation by the Czech Republic Police;
c) complete form „Record on traffic accident“;
d) provide consent of all participants, witnesses, vehicles, etc.;
e) take all measures to prevent the occurrence of other damages to the Lessor (e.g. secure Vehicle immobile Vehicle from further damage or theft, etc.);
f) provide the Czech Republic Police, the Lessor, the insurance company where the Vehicle insured with full cooperation required for appropriate investigation of the damage event (traffic accident) and its liquidation.
7.6 In case of any harm caused to the Lessor or third persons during the Rent period in relation to the Vehicle operation, pay for the damaged and related costs. The Lessee is particularly obliged to pay to the Lessor: costs for the Vehicle transport or towing to the head office of the Lessor;
b) costs for transporting the Vehicle to and back from the Repair shop;
c) lost profit for the duration of the Vehicle repair.
7.7 The Lessee is responsible for all sanctions placed in relation to the Vehicle operation during the Rent period. If the Lessor received the sanction, the Lessee must compensate the Lessor for all costs related to the sanction
VIII.
Rent Termination
8.1 The Rent terminates when the Rent period ends.
8.2 Before the Rent period, the rent can be terminated by a consent of both Parties in writing or by a notice in writing with thirty days notice period which starts on the day of delivery to the second party. If the Lessee gives a notice, it must pay the Rent to the Lessor for the whole Rent period, unless the Parties agree otherwise due to special reasons.
8.3 The Lessor can terminate the contract without the notice period:
a) of the Lessee is late with financial fulfilment;
b) if the Lessee uses the Vehicle in breach with the Contract, with GBT, with generally binding principles for the use of Vehicles, or in a way which suggests damage to the Lessor;
c) If the Lessee is in liquidation or faces distrainment order or similar procedure, or is in bankruptcy;
d) if the Lessee provided the Lessor with untrue or incomplete information;
e) if the Lessee fails to inform the Czech Republic Police and the Lessor immediately on the vehicle damage or harm caused by the Vehicle;
f) The Vehicle becomes a subject to lien, ledge, and any other rights of a third party. The notice becomes effective on the day of delivery to the Lessee.
8.4 The rent termination does not affect the right to pay the contractual fine, moratory interest, right for damage compensation resulting from contractual obligation, right for cost compensation, and agreements binding for both parties even after the rent termination.
IX.
Rights from Defective Fulfilment - Complaints
(This provision relates solely to the Consumer)
9.1 If the defect can be removed, the Consumer can require the repair or completion of anything missing or adequate discount from the Rent. If the defect cannot be removed and the Vehicle cannot be appropriately used, the Consumer can withdraw from the Contract or request adequate discount from the Rent.
9.2 An employee authorised to settle any complaints of the Consumer is present in the Branch for the whole operating period. He/she will decide on the complaint immediately, or within three days in case of complicated cases. Adequate deadline does not include the period required for a specialist assessment of the type of defect. The complaint, including the defect removal, must be settled without undue delay, at the latest within 30 days from the complaint filing, unless the Parties agree on longer period. After the period expires, it shall be considered a serious breach of the Contract.
X.
Sanctions
10.1 In case of violating the conditions of the Lessee, that the Vehicle can only be driven by a person over the age of 20 who has had a driving license for at least two years for the respective group of Vehicles issued by the Czech Republic, member state of European Union, or contractual party to the Agreement on European Economy Area, or another state according to the international contract which the Czech Republic must observe and which regulates the traffic, the Lessor is entitled to require contractual fine of 1 % from the Vehicle acquisition price.
10.2 In case of violating the obligation of the Lessee to handover the Vehicle in time, the Lessor is entitled to require contractual fine of the daily Rent + 0.5% of the Vehicle acquisition price for every day of the delay.
10.3 In case of violating the obligation of the Lessee to handover the Vehicle to the Lessor with the accessories, records, washed, clean, and in the state the Vehicle was received, the Lessor is entitled to require contractual fine of 0.5 % of the Vehicle acquisition price for the violation of any of the obligations.
10.4 If the Lessee violates the obligation to bring the Vehicle in time for maintenance, repairs, and service inspection as per clause 7.1 the Lessor is entitled to request contractual fine of 0.5% from the Vehicle acquisition price for every 1.000 km, even started, above the limit defined in clause 7.1.
10.5 If the Lessee is late with financial fulfilment, the Lessor is entitled to require contractual fine of 0.5% daily from the due amount.
10.6 If the Lessee fails to provide the Lessor with true and complete information, the Lessor is entitled to require contractual fine of 0.5% from the Vehicle acquisition price.
10.7 If the Lessee fails to fulfil any obligation defined in article VII, the Lessor is entitled to require contractual fine of 1% from the Vehicle acquisition price.
10.8 The payment of the contractual fine does not affect the right for full compensation for damages resulting from the violation of the obligation related to the contractual fine, including the damage compensation exceeding the contractual fine. The payment of the contractual penalty does not affect the obligation to cover any obligation by contractual fine or to remove defective state. Contractual fine can be requested regardless the responsibility. Individual contractual fines can be applied together; they can apply repeatedly.
XI.
Settlement of Consumer Disputes
(This provision relates solely to the Consumer)
11.1 The subject for out of court settlement of consumer disputes for the defined type of service is the Czech Trade Inspection, internet address (www.coi.cz).
XII.
Final Provisions
12.1 Different provisions in the Contract take precedence to GBT.
12.2 Before signing the Contract, the Lessee confirms the acquaintance with the GBT text, that it is considered eligible and specific, and agrees with the GBT forming an integral part of the Contract. If any of the GBT and/or Contract provisions become invalid or ostensible, it will not affect the validity and effectiveness, of other provisions in the GBT and/or the Contract.
12.3 GBT become valid and effective from 01.03.17, and the Rental Policy of the Lessor from 01.02.16 becomes terminated