RENTAL CONDITIONS IN BRIEF
• Business hours: Mon-Fri 8:30-20:30, and on Saturdays and Sundays subject to agreement.
• Outside business hours, customers will be served only subject to prior agreement. An additional fee of EUR 10 per occasion could be charged.
• Delivery of vehicle within Tallinn is free of charge, unless otherwise specified.
• Exterior wash and interior cleaning of the passenger compartment are included in the rental fee. If the vehicle requires dry-cleaning of the passenger compartment upon return, a fee of EUR 200 will be charged.
• It is prohibited to consume alcohol or smoke in the vehicle. The contractual penalty for violating this prohibition is EUR 200.
• The vehicle is delivered to the customer with full fuel tank and it must be returned with full tank. If the vehicle is returned with the fuel tank not full, the customer is charged EUR 10 for refuelling plus for the missing fuel in accordance with the price list of the gas station where the vehicle is refuelled.
• Rental services are paid for in advance or right before the delivery of the vehicle, unless otherwise agreed beforehand.
• Drivers at least 20 years of age with a minimum of one-year driving experience are eligible.
• To rent a vehicle the customer must hold a valid driving license, an identification document (passport or ID card), and a credit card or a debit card with credit option.
• Minimum security deposit reserved on the bank account is EUR 200 – 300. Cash is not accepted as a security deposit.
• Motor own damage insurance subject to a deductible of EUR 300.
• Any fines imposed during the rental period can be collected retrospectively and the fee for handling the fine is EUR 25. Fines not brought to the attention of the rental company will be collected in double plus the handing fee.
• The rental contract can be signed only by an individual who holds a valid driving privilege and produces a valid driving license and a bank card in his/her name which will be used to reserve the security deposit. If, at the start of the rental period, it appears that the driving privilege is not valid or the credit card does not belong to the person signing the rental contract, the vehicle will not be surrendered, and any prepayments will not be refunded.
• If the customer’s driving license has been issued outside the EU, an international driving license might be required in addition to the national driving license in order to drive a motor vehicle in Estonia. If the national driving license is not valid in Estonia and the customer does not hold an international driving license, the vehicle will not be surrendered.
• The validity of the driving license can be verified on the web site of the Road Administration >>>
• If the vehicle suffers from a technical failure, the rental company will not be liable for any costs arising from travel disruption (hotel reservations, costs related to continuation of travel / returning home, etc.). The rental company shall incur the cost of returning the vehicle provided that the technical failure is not attributable to customer’s negligence. It is recommended to enter into a travel insurance policy which includes protection against travel disruption – in that case, your insurer will reimburse any costs arising from travel disruption.
• It is prohibited to cross the border of the Republic of Estonia with the vehicle without the rental company’s written permission. If the vehicle is used or returned in a country not specified upon signature of the rental contract, a contractual penalty of EUR 2000 will be charged and any costs arising from returning the vehicle must be compensated for.
• Any other rights, obligations, service fees and fines are set out below in the terms and conditions of the rental contract.
The rental company may unilaterally refuse to rent the vehicle or cancel a reservation!
TERMS AND CONDITIONS OF RENTAL CONTRACT
Valid since 2016
- DEFINITIONS, NATURE OF CONTRACT AND SUBJECT MATTER
1.1. For the purposes of this contract, the following abbreviations and definitions are used: A) Terms and Conditions (T&Cs)- these standard terms and conditions applicable to rental and use of vehicles; B) Rental Company – company specified on the front page of the contract; C) Customer – person specified as a customer on the front page of the contract whom the rental company grants the right to use the vehicle in accordance with this contract; D) Contract – rental contract between the rental company and the customer consisting of these terms and conditions and the specific conditions on the front page; E) Vehicle – vehicle as specified on the front page of the contract for which the rental company holds the right of use and which it delivers to the customer for use in accordance with the contract.
1.2. These T&Cs set out the Customer’s rights and obligations with regard to using the Vehicle. The Customer is aware that the right of use of the Vehicle is held by the Rental Company and that he is not authorised to transfer the rights and obligations arising from the Contract to third parties (incl. for transfer of ownership of Vehicle). Leasing or transferring the Vehicle to third parties is permitted only subject to a prior written agreement with the Rental Company. The Rental Company permits the Customer to use the Vehicle in accordance with these T&Cs.
1.3. The Rental Company shall make these T&Cs available to the Customer no later than at the time of signing the Contract. By signing the Contract the Customer declares that he has read and accepted these T&Cs.
1.4. The Contract is made for using a Vehicle over the period specified in the Contract until the Rental Company regains possession of the Vehicle (“rental period”). Provisions of these T&Cs which endure due to their nature will remain in force after the Vehicle has been returned.
- ELIGIBLE USER OF VEHICLE
According to the Contract, the Vehicle may be driven only by the Customer and/or other persons specified as additional drivers in the Contract by the Rental Company. The Vehicle may not be driven by a person (incl. Customer) who:
2.1. does not meet the criteria specified by the Rental Company or the legislation in terms of driving license validity, age and/or any other restrictions;
2.2. who is under the influence of alcoholic, narcotic or other substances which compromise consciousness or ability to react (“intoxication”), or fatigued.
- GENERAL PROVISIONS
3.1 The Contract enters into force as of its signature and ends when the Vehicle is returned to the place of return and at the time specified in the Contract and provided that there are no complaints. If complaints arise, the Contract remains in force until the complaints have been resolved.
3.2 The length of a rental day is 24 hours.
3.3 The rental price does not include fuel. The vehicle is delivered to the Customer with full fuel tank and the Customer must return it with full tank.
3.4 It is prohibited to consume alcohol or smoke in the Vehicle. The Rental Company may impose a contractual penalty on the Customer for violating this prohibition.
3.5 The Vehicle may be used only in the countries specified in the Contract. The Rental Company may impose a contractual penalty on the Customer for violating this provision.
- CUSTOMER’S RIGHTS
4.1 The Customer is entitled to gains from using the Vehicle.
4.2 If the Customer does not accept the claim made by the Rental Company or the amount of such claim, he may file an action with a court of law within 30 days of receiving the notice of claim.
The failure to file an action within the prescribed time limit shall be construed as acceptance of claim in full, and the Customer’s subsequent complaints shall be disregarded.
2.3 The Customer may return the Vehicle in an unclean condition. If the Customer exercises his right to return an unclean Vehicle, the Rental Company may present the Customer with complaints concerning damage to the Vehicle within twenty-four (24) hours of returning the Vehicle.
- CUSTOMER’S OBLIGATIONS
5.1 If the Customer fails to pay the rental fee in due time, he shall be required to pay a late interest of 0.19% of the outstanding amount for each day overdue.
5.2 The Customer undertakes to inspect the Vehicle before commencing its use, make sure that the Vehicle is appropriate and roadworthy, and enter a relevant note in the Contract. A signature on the Contract denotes the absence of complaints.
5.3 The Customer undertakes to use the Vehicle in accordance with the instructions of its manufacturer and good practices.
5.4 The Customer undertakes to maintain the Vehicle prudently and remedy any defects that have occurred in accordance with the provisions of § 345 (1) of the Law of Obligations Act (incur the expenses).
5.5 The Customer undertakes not to use the Vehicle for illegal activities or purposes, or towing, racing, training, etc.
Otherwise, the Rental Company may require the Customer to pay a contractual penalty and compensate for any damage caused.
5.6 The Customer undertakes to use the Vehicle only on roads defined as such in the Construction Act.
5.7 The Customer undertakes not to grant use of the Vehicle to third parties other than additional drivers listed in this Contract.
5.8 Before each drive, the Customer or second driver must make sure that the Vehicle is roadworthy and monitor the Vehicle’s roadworthiness whilst driving. If a technical malfunction occurs, driving must be interrupted until the malfunction has been remedied.
The Customer must verify the presence of oils and other fluids in the relevant systems. If the damage to the Vehicle is caused by the shortage or lack of oils or other fluids in the system,
the Customer shall reimburse all expenditure on repairing the Vehicle.
5.9 The Customer undertakes to use refuel the Vehicle using only high-quality propellant intended for that Vehicle. The Customer shall compensate for any damage caused by the use of low-quality fuel.
5.10 The Customer undertakes to do everything in his power to avoid loss to the Rental Company or third parties.
5.11 In the case of a traffic accident, theft, vandalism or other incident, the Customer undertakes to immediately inform the Rental Company thereof. If the situation gives rise to the Customer’s statutory obligation to inform the Rescue Board or the police of the incident, the Customer must do so.
5.12 At the end of the rental period indicated in the Contract, the Customer undertakes to return the Vehicle at the place and time so agreed. The Vehicle must not be abandoned. If the Customer delays returning the Vehicle, he shall be required to pay rent at a triple rate for the overdue period, plus the Customer shall be held liable for any financial loss incurred by the Rental Company due to the delay.
5.13 If damage is caused to the Rental Company and/or third parties, or documents or items go missing, the Customer and second driver must file a written statement of events with the Rental Company within 24 hours.
The written statement can be digitally signed and sent to the Rental Company’s e-mail address provided that there is no other possibility to file the statement.
5.14 If the passenger compartment of the returned Vehicle requires dry-cleaning, the Customer must pay for such cleaning.
5.15 At the Rental Company’s request, the Customer must immediately settle any financial claims and commitments arising from this Contract. Any misdemeanour, criminal or insurance procedure shall not suspend or obstruct the immediate settlement of financial claims. The payment of any damages does not relieve the Customer from the obligation to pay rent for the period required for determining the amount of damage and restoring the situation preceding damage.
- CUSTOMER’S LIABILITY
6.1 The Customer shall compensate for damage resulting from a traffic accident or unlawful behaviour of a third party insofar as such damage is not compensated for by the insurance company (incl. deductible). The amount of deductible is specified in the Rental Contract. If the insurance company refuses to pay the insurance indemnity or if the loss event does not qualify as an insured event, the Customer must compensate the Rental Company for any loss caused.
6.2 The Customer assumes full liability for any components and additional equipment which are missing from the Vehicle or have been replaced.
6.3 If the Customer or any third party damages the Vehicle, the Customer shall be liable for such damage.
6.4 If an intentional act or omission by the Customer or second driver has caused damage to the Rental Company or a third party, the Customer shall be liable for all damage.
6.5 The Customer shall be liable for all damage caused by driving the Vehicle under the influence of alcohol or while displaying the characteristics of alcohol consumption, or under the influence of a narcotic substance or while fatigued.
6.6 If the Customer transfers the Vehicle to a third party, the Customer shall be liable for all damage caused to the Rental Company or third parties.
6.7 If the Vehicle has been stolen or carjacked, the deductible applicable to the Customer amounts to 20% of the full value of the rented Vehicle plus two months’ rent provided that the Customer returns to the Rental Company the documents, keys and the alarm remote control of the Vehicle. If, under the circumstances mentioned in this paragraph, the Customer does not return the documents, keys and the alarm remote control of the Vehicle to the Rental Company, the Customer’s liability amounts to full value of the Vehicle plus any damage caused to the Rental Company. If the Customer has lost possession of the Vehicle as a result of fraud, the Customer’s liability towards the Rental Company amounts to full value of the Vehicle plus two months’ rent.
6.8 For the period when the Vehicle was subjected to repair work required to remedy damage to the Vehicle, the Customer must pay rent according to the following formula: 1 day of repair work = 1 day of Vehicle use, but not more than for 30 days.
6.9 The Customer shall compensate for any damage caused by the use of low-quality fuel.
6.10 If the Customer returns the Vehicle with some equipment missing or returns it without documents or keys or with a broken tire/rim, the Customer shall reimburse to the Rental Company all costs related to replacing the missing or damaged items.
6.11 If the Customer returns the Vehicle with its fuel tank not completely filled with fuel intended for that Vehicle, he shall pay the refuelling fee of EUR 10 and the cost of missing fuel.
6.12 If the Customer abandons the Vehicle, he shall pay to the Rental Company a contractual penalty amounting to the Vehicle’s acquisition value.
6.13 The Customer undertakes to settle any fines, claims and contractual penalties resulting from infringements that occurred during the use of property, in accordance with the procedures laid down by the law and the applicable price lists of the Rental Company. Any parking tickets not brought to the attention of the Rental Company will be collected in double.
6.14 If the Customer and the Vehicle participate in a traffic accident which leads to an increase in the insurance risk coefficient of the Rental Company, the Customer shall pay the deductible plus a one-off contractual penalty.
- RENTAL COMPANY’S OBLIGATIONS
7.1 The Rental Company undertakes to deliver the Vehicle to the Customer at the time and place specified in the Contract.
7.2 The Rental Company undertakes to perform the Contract in good faith.
7.3 The Rental Company undertakes to conduct regular technical maintenance of the Vehicle.
- RENTAL COMPANY’S RIGHTS
8.1 The Rental Company may request a security deposit.
8.2 The Rental Company may inspect the Vehicle’s condition and maintenance.
8.3 The Rental Company may track the Vehicle’s movement and use by means of a tracking device installed in the Vehicle.
8.4 The Rental Company shall determine the place, conditions and scope of repair work irrespective of the Vehicle’s location.
8.5 The Rental Company may refuse to rent the Vehicle, terminate the Contract and request the immediate return of the Vehicle, if the Customer or second driver gives rise to suspicion, violates the terms and conditions of the Contract, is unable to handle the use of the Vehicle, has provided false information upon entering in to the Contract, uses the Vehicle for
an ill-advised purpose, has misled the Rental Company, or some other circumstances occur that may put the Vehicle or the Rental Company’s interests at risk.
8.6 The Rental Company shall not be liable for damage caused by the breakdown of the Vehicle or otherwise (accident, road accident, cancellation or interruption of travel, damage due to non-performance of work or other obligations arising in relationships between the Customer or second driver and third parties). The Customer shall incur such expenditure as this amounts to a rental risk.
- PERSONAL DATA
9.1 By signing the Contract, the Customer permits the Rental Company to store and process his personal data and data in the Contract as the Rental Company sees fit in view of its needs, including statistical analysis, verification of creditworthiness, and protection of its property. If the Customer violates the Contract, the Rental Company may disclose and transmit such data to third parties as necessary to remedy damage caused to it by the said violation and prevent any further damage.
9.2 The Customer is aware that if he registers/uses a loyalty card operated by Lyoness Europe AG and/or uses a bonus code when renting the Vehicle, the Rental Company is required to transmit his personal data to the provider of the loyalty card/bonus code.
- VALIDITY OF PROVISIONS
The Contract is governed by the legislation of the Republic of Estonia. Any disputes between the Rental Company and the Customer shall be settled by way of an agreement between the parties. Failing that, the disputes shall be settled in a court of law in accordance with the legislation of the Republic of Estonia.
- CONTRACTUAL PENALTIES AND FEES
11.1 The Customer shall pay to the Rental Company:
A) if the Vehicle is used for illegal activities or purposes, or towing, racing, training, etc. – a contractual penalty of EUR 1,000 and compensate for any damage arising in connection with the Vehicle;
B) in the case of a traffic accident which leads to an increase in the insurance risk coefficient of the Rental Company – a one-off contractual penalty of EUR 150 in addition to the deductible;
C) in the case of traffic violations entailing the confiscation of the Vehicle or its components by enforcement authorities – a contractual penalty of EUR 2,000;
D) if the Rental Company receives a traffic or parking ticket on account of the Customer – a fee of EUR 25 for handling the ticket;
E) if the Vehicle is used or returned in a country not specified upon signature of the rental contract – a contractual penalty of EUR 2,000 and compensate, inter alia, for any costs arising from returning the Vehicle;
F) if returning the Vehicle at a place and time not specified at the time of signing the Contract – rent at a triple rate and compensate, inter alia, for any costs arising from returning the Vehicle ;
G) in the case of consuming alcohol or smoking in the Vehicle – a contractual penalty of EUR 200;
I) if a key of the Vehicle is missing or damaged – a contractual penalty of EUR 400;
J) if documents are missing – a contractual penalty of EUR 230;
K) in the case of a broken tire – a contractual penalty of EUR 200 per each broken tire;
I) if additional equipment is missing or damaged – a contractual penalty of EUR 200;
I) if the Vehicle’s equipment is missing or damaged – a contractual penalty of EUR 500;
N) if the passenger compartment of the Vehicle requires dry-cleaning – a fee of EUR 200;
O) if fuel is missing – a fee of EUR 10 plus the cost of each litre of fuel;
11.2 All fees and contractual penalties include VAT.
11.3 Any damage to the Vehicle shall be assessed on the basis of the price list drawn up by the relevant brand’s authorised representative in Estonia.
11.4 In addition to settling contractual penalties and/or fees, the Customer undertakes to compensate the Rental Company for all damage in excess of the amount of the contractual penalty and/or fee.