Terms

General Rental Terms Under the terms of this rental agreement (hereinafter referred to as the Agreement), the vehicle specified in the Rental Agreement (hereinafter referred to as the Vehicle) is the lessee and the Rental Company is the lessor of the Vehicle.  

1. Terms of Use of the Vehicle

1.1. The Renter is obliged to use the Vehicle properly and prudently in accordance with the conditions and intended purpose specified in the Agreement. When handling the Vehicle, the Renter must comply with the requirements of the traffic regulations and other legal acts regulating the use of the Vehicle.

1.2. It is prohibited to use the Vehicle – outside the roadway, for towing, for training, as a motor sports vehicle, for the provision of paid services (including taxi services) and for the transport of goods.

1.3. The Renter may transfer the right to drive the Vehicle to a third party if the Rental Company has made a note to this effect in the Agreement. By transferring the right to drive to a third party, the Renter undertakes to familiarize him with the terms and conditions of the Agreement, but in any case remains responsible to the Rental Company for the performance of the Agreement. Transferring the right to drive to a third party does not relieve the Renter from responsibility for the performance of the terms and conditions of this Agreement, the Renter is responsible for the actions of the third party whether the right to drive was transferred under the terms and conditions of the Agreement, in violation of the Agreement or in any other case.

1.4. The Renter who is a natural person and the third party to whom the Renter has transferred the right to drive the Vehicle (e.g. an employee of the Renter who is a legal entity) must be at least 20 years old, must have a valid driving license (driving experience of at least 1 year) and at least two years of experience driving a vehicle of the corresponding category.

1.5. The Renter is prohibited from leaving the Republic of Estonia with the Vehicle without the written consent of the Rental Company.

1.6. When leaving the Vehicle, the Renter undertakes not to leave any objects or belongings in the Vehicle, to lock the doors and to turn on the alarm system if one is available. The Renter is obliged to do everything possible to ensure that the keys, documents and/or the Vehicle registration certificate of the Vehicle do not fall into the possession of third parties. 1.7. The Renter is obliged to ensure the preservation of the Vehicle documentation and keys. 1.8. When parking the Vehicle, the Renter is obliged to lock the Vehicle doors and turn on the alarm system, and pay the parking fee. When staying with the Vehicle abroad, the Renter must ensure the safety of the Vehicle and park the Vehicle at night in a guarded parking lot, if a guarded parking lot is available at the Renter's place of stay or in its immediate vicinity.

1.9. Smoking, consumption of alcoholic beverages and narcotic substances are prohibited in the Vehicle. In case of violation of this prohibition, the Rental Company has the right to demand a contractual penalty of 200.- EUR.

1.10. The Renter undertakes to use the Vehicle within the mileage limit of 300 km/day but not more than 2500 km/month. If upon returning the Vehicle it becomes apparent that the Renter has exceeded the respective limit, the Rental Company has the right to demand a fee of 0.20 EUR for each kilometer exceeded.

1.11. The Renter is obliged to thoroughly inspect the Vehicle before the start of the rental period and the transfer of the Vehicle to the Renter by the Rental Company to identify any possible damage. If damage is detected, a corresponding note must be made in the Agreement. If the Renter does not detect any damage and does not request a corresponding note to be made in the Agreement, it is assumed that the Vehicle is in technical condition at the time of transfer to the Renter, without external defects or malfunctions, and the Renter has no complaints about the Vehicle.  

2. Lessee's liability and obligations

2.1. The Lessee undertakes to compensate the Rental Company for all damage caused by a breach of the Agreement that is not compensated by the insurer. If, pursuant to the Agreement, the risk of certain circumstances occurring has been placed on the Lessee, the Lessee shall be liable even if he was not at fault for the damage.

2.2. During the validity of the Agreement, from the handover of the Vehicle by the Rental Company, the Lessee shall be liable for the destruction, loss and damage of the Vehicle.

2.3. The Lessee is obliged to pay the Rental Company in full for all fines claimed against the Lessee during the rental period (incorrect parking, violation of traffic regulations, etc.). In the event of their non-payment, the Rental Company has the right to collect the said fines from the Lessee and, in addition to the fines, the Rental Company has the right to collect a fine handling fee of EUR 50 from the Lessee. The Renter is obliged to inform the Rental Company of any traffic or parking fines received during the rental period at the end of the rental period.

2.4. The Renter is obliged to pay the Rental Company the repair costs of a flat tire of 30.- EUR per flat tire. If the tire cannot be restored, the Rental Company has the right to demand a contractual penalty of 100.- EUR per flat tire.

2.5. The Rental Company has the right to demand a one-time contractual penalty of 100.- EUR if the insurance risk coefficient of the Rental Company's compulsory motor vehicle insurance increases due to the Renter's actions.

2.6. The Renter must return the Vehicle to the Rental Company with a full tank of fuel. If the Renter does not return the Vehicle to the Rental Company with a full tank of fuel, the Rental Company has the right to demand from the Renter for each missing liter of fuel according to the price of the purchased fuel, plus a refueling service fee of 20.- EUR.

2.7. The Renter confirms that he is aware that in the event of damage to the Vehicle, his deductible is 400 EUR and in the event of theft, 15% of the cost of the Vehicle. The above limitations do not apply in a situation where the Renter violates the obligations arising from the Agreement. In the latter case, the Renter is liable for all damage caused and the Renter's liability reaches 100% of the cost of the Vehicle or exceeds it.

2.8. The Renter is liable to the Rental Company and undertakes to compensate for any damage caused to the Vehicle or its equipment and the costs of their repair in full, according to the price list of the Vehicle sales and service company at the location of the Rental Company, unless it is an insured event, the costs of which are compensated by the insurer. 2.9. If the Vehicle documentation and/or the Vehicle keys are lost or stolen from the Renter, the Rental Company has the right to collect the amount that the Rental Company needs to obtain new keys, locks, alarm and/or new documentation for the Vehicle.

2.10. The Renter is obliged to bear the fuel consumption of the Vehicle during the rental period. The Renter is obliged to compensate the Rental Company for all losses related to refueling the Vehicle with fuel with the wrong octane number.

2.11. The Vehicle technical maintenance work is carried out by the Rental Company. The Renter is prohibited from making any technical changes to the Vehicle (including repairing the Vehicle). The Renter ensures daily inspection of the technical condition of the Vehicle, checking the condition of the tires, the presence of engine oil and coolant, the condition of the Vehicle's lighting devices, indicator lights and steering equipment.

2.13. All financial claims and obligations arising from the Agreement, including rent and fees for the use of additional services and additional equipment, must be fulfilled by the Lessee within seven (7) calendar days from the date of receipt of the relevant claim from the Rental Company. If the Rental Company sends the claim by mail to the Lessee's place of residence or location indicated in the Agreement, the claim shall be deemed to have been received two days after posting.

2.14. If the Lessee does not agree with the claim submitted by the Rental Company or its amount, he has the right to submit a written claim within fourteen (14) calendar days from the date of receipt of the claim. Failure to submit a claim shall be interpreted as acceptance of the claim in full and the Lessee's later claims shall not be taken into account.  

3. Rent and security deposit

3.1. The Rental Company has the right to demand from the Lessee an advance payment of the rent and security deposit based on the valid price list.

3.2. The security deposit shall be paid by the Lessee as a down payment to prove the conclusion of the Agreement and to ensure its performance. The deposit can be paid by bank card or bank transfer.

3.3. The Rental Company has the right to offset the deposit against rent or other expenses incurred or damages caused during the rental period.

3.4. If the Renter does not appear to receive the Vehicle by the beginning of the rental period, the Renter undertakes to pay the rent for the entire rental period in accordance with the Agreement.

3.5. In the event of delay in payments due under the Agreement, the Rental Company has the right to demand from the Renter a late payment interest of 0.15% per day for each day of delay in payment.    

4. Obligations of the Rental Company

4.1. The Rental Company undertakes to:

4.1.1. hand over to the Renter the Vehicle in working order together with the prescribed documents at the time and place specified in the Agreement. The technical condition of the Vehicle must reasonably correspond to its age, mileage and degree of wear. The Lessee is aware that although the Vehicle is in working order at the time of handover to the Lessee, the occurrence of faults during its use cannot be ruled out. The occurrence of faults is more likely in the case of an older, higher mileage and worn-out Vehicle.

4.1.2. hand over the Vehicle to the Lessee clean and with a full tank of fuel.

4.1.3. return the deposit to the Lessee, who has fulfilled all his obligations to the Rental Company. The deposit will be returned to the Lessee no later than seven (7) calendar days after the end of the rental period.

4.1.4. inspect the vehicle returned by the Lessee within three (3) calendar days from the date of return of the vehicle by the Lessee and forward all claims regarding discovered damages to the Lessee no later than 7 (seven) calendar days.  

5. Handover and acceptance

5.1. The Rental Company hands over the Vehicle to the Renter and the Renter accepts the Vehicle by making a corresponding note in the Agreement. In addition to the Vehicle, the Rental Company hands over to the Renter a compulsory motor insurance policy, forms “Report of a traffic accident”, Vehicle registration certificate, two chocks, first aid kits (car first aid kit), fire extinguisher, warning triangle. The Renter is responsible for the maintenance and preservation of the transferred equipment. If necessary, the Renter must replace it at his own expense and ensure that the fire extinguisher is checked.

5.2. If the Vehicle has any defects at the time of transfer, the Renter shall make a note to this effect in the Agreement. If the Renter has not made a note in the Agreement regarding the technical condition, it shall be deemed that the Vehicle complies with the terms of the Agreement and the Vehicle is undamaged.

5.3. The Renter is obliged to return the Vehicle in the same technical condition as when the Rental Company handed it over and the Vehicle must have a full tank of fuel. Otherwise, clause 2.6 of the Agreement shall apply.

5.4. The Renter is obliged to return the Vehicle cleaned inside and out. In case of violation of this obligation, the Rental Company has the right to organize the cleaning of the Vehicle independently and demand a fee for cleaning the Vehicle in accordance with the service provider's price list.  

6. Renter's obligations in case of damage, accident, theft and theft of the Vehicle

6.1. The Renter is obliged to immediately notify the Rental Company of all damage caused to the Vehicle, an accident that occurred with the Vehicle or theft or theft of the Vehicle. In addition to immediate notification, the Renter must send the Rental Company a signed explanatory letter on the same day that contains a description of what happened.

6.2. In the event of a traffic accident, theft or theft, the Renter is obliged to also notify the police and the insurance company of the incident.

6.3. In the event of a traffic accident, the Renter is obliged to fill out the form “Report of a traffic accident” provided by the Rental Company with the Vehicle. The Lessee is obliged to keep the said form in the Vehicle.

6.4. In the event of loss of possession, the vehicle registration certificate and keys must be returned to the Rental Company immediately. The Lessee confirms that he is aware that in the event of failure to fulfill the above obligation, the Lessee's insurer will not compensate the Lessee for any damage, therefore the Lessee is obliged to bear all damage incurred by the Lessee, including 100% of the value of the Vehicle.

6.5. The Lessee undertakes to compensate for all damage caused by the breach of the obligations specified in clause 6 of the Agreement.  

7. Liability of the Rental Company in the event of Vehicle Breakdown

7.1. The Rental Company is not liable for any direct or indirect damage that may arise to the Lessee in connection with the impossibility of using the Vehicle during the rental period due to a Vehicle breakdown. If the trip is interrupted due to the above, the Rental Company will not be liable for the costs of the trip interruption (hotel reservations, costs of continuing the trip / returning home, etc.).

7.2. If the technical failure is not caused by the Renter, the costs of returning the car home will be borne by the Rental Company. The Rental Company recommends that the Renter take out travel insurance that would also include protection against trip interruption, in which case the costs of a possible trip interruption will be covered by the Renter's insurer.    

8. Return of the Vehicle

8.1. The Renter undertakes to return the Vehicle at the time and place specified in the Agreement. The Rental Company must be notified of any possible changes in the place and time of return of the Vehicle at least 8 hours in advance and the Rental Company must obtain the Renter's consent. The Vehicle is considered returned by the Renter to the Rental Company when the Vehicle, together with the documents, has been handed over to the Rental Company's representative and the latter has made a corresponding note in the Agreement.

8.2. If the rental period is exceeded without the consent of the Rental Company, the Rental Company has the right to demand double the rent for each day exceeded.

8.3. If the Renter has not returned the Vehicle to the Rental Company at the time and place specified in the Agreement, and the Rental Company has not agreed to extend the Agreement, the Rental Company will notify the police of the loss of the Vehicle, declare the Vehicle wanted and may take other measures to obtain the Vehicle from the Rental Company.

8.4. If the Renter returns the Vehicle before the time specified in the Agreement or the Rental Company rightfully terminates the Agreement, the Rental Company is not obliged to return the advance payment paid by the Renter, unless otherwise agreed.    

9. Termination and termination of the Agreement

9.1. The Rental Company has the right to immediately cancel the Agreement and demand the immediate return of the Vehicle if it becomes apparent that the Renter is violating the terms and conditions of the Agreement, has provided false information when concluding the Agreement, has otherwise misled the Rental Company, or if other circumstances arise that may endanger the Vehicle or cause damage to the Rental Company.

9.2. If the Rental Company cancels for the reasons specified in clause

9.1 of the Agreement and the Vehicle is used in Estonia in accordance with the terms and conditions of the Agreement, the Renter is obliged to return the Vehicle to the Rental Company no later than five (5) hours after the Rental Company has sent a notification by telephone (including an SMS message) about the cancellation of the Agreement to the telephone number specified in the Agreement. If the Renter does not return the Vehicle within five (5) hours, he undertakes to pay a contractual penalty of 200 EUR and clause 8.3 of the Agreement shall apply. In a situation where, according to the terms of the Agreement, the Renter is allowed to use the Vehicle outside Estonia, and at the time of sending the notice, the Vehicle is located outside Estonia, then the aforementioned Vehicle return time is extended to two (2) calendar days.

10. The Renter is prohibited from driving the Vehicle outside Estonia unless he has the prior written consent of the Rental Company (respectively noted in the Agreement).

11. RIGHTS OF THE RENTAL COMPANY

11.1 The Rental Company has the right to check the condition of the Vehicle and its maintenance.

11.2 The Rental Company has the right to monitor the movement and use of the Vehicle using a tracking device installed in the Vehicle. The tracking device transmits the collected data to a third-party service provider, who makes the data available to the Rental Company. 11.3 The Rental Company determines the place, conditions and scope of repair of the Vehicle, regardless of the location of the Vehicle.

11.4 The Rental Company has the right to refuse to rent the Vehicle, terminate the Rental Agreement and demand the immediate return of the Vehicle if the Renter or another driver raises suspicion, violates the terms and conditions of the Rental Agreement, fails to cope with the operation of the Rental Vehicle, has provided false information when concluding the Rental Agreement, uses the Vehicle for malicious purposes, has misled the Lessor or other circumstances arise that may endanger the interests of the Vehicle or the Lessor.

12. DATA PROCESSING

12.1 By signing the Agreement, the Renter agrees to store and process his/her personal data and data arising from the Agreement in accordance with the needs of the Rental Company, which include statistical analysis, creditworthiness check and protection of the Rental Company's assets. In the event of a breach of the Agreement by the Renter, the Rental Company may disclose this data and forward it to third parties in accordance with the need to eliminate the damage caused to the Rental Company or to exclude future damage.

12.2 The Lessee agrees to the transfer of the following personal data disclosed by him to Bestweb OÜ: name, personal identification code, date of occurrence and termination of the payment default and amount, to Creditinfo Eesti AS and allows the processing of the listed data in the payment default register managed by Creditinfo Eesti AS when making a credit decision. The right to transfer the Lessee's data to Creditinfo Eesti AS arises if the Lessee has not fulfilled a financial obligation arising from this Agreement.  

13. Dispute resolution

13.1. Disputes arising from this Agreement shall be resolved through negotiations between the Leasing Company and the Lessee. If the Leasing Company and the Lessee fail to reach an agreement, the disputes shall be resolved in court.

13.2. Disputes shall be resolved by the Harju County Court in a situation where the Lessee is an Estonian or foreign legal entity or a natural person whose place of residence is outside Estonia. Other disputes shall be resolved by a court determined on the basis of legislation.