General Terms of the Lease Contract
1. Use of the vehicle
1.1 The Lessee is bound to use the Vehicle in to the prescribed manner and according to the intended purpose of the Vehicle, and to use the Vehicle prudently.
1.2 The Lessee is forbidden to leave the territory of the Republic of Estonia with the Vehicle unless there is a corresponding written clearance from the Lease Company.
1.3 The Lessee shall make ascertain the good technical condition of the Vehicle prior to every use, monitor the technical condition thereof (§ 68 (1) of the Traffic Code) and follow all applicable legislations which regulate the use of the Vehicle, including the Traffic Code.
1.4 It is prohibited to use the Vehicle – outside the carriageway, for towage, for driving lessons, as a means of vehicle sport.
1.5 The Lessee is entitled to entrust driving of the Vehicle to any third parties only upon the respective written consent of the Leasing Company.
1.6 Upon exiting the Vehicle, the Lessee undertakes not to leave any items or things in the Vehicle, lock the doors and turn on the alarm system upon its presence. The Lessee shall make every effort to prevent any third parties from gaining possession of the keys to the Vehicle and/or the certificate of registration of the Vehicle.
1.7 Smoking is prohibited in the Vehicle. Upon violation of this prohibition, the Leasing Company is entitled to demand payment of a contractual penalty in the amount of 200 Eur.
1.8 The milage is not limited while using rental car in Estonia.
2. Liability of the Lessee
2.1 The Lessee undertakes to compensate to the Leasing Company for all damages caused by violation of the Contract if such damages are not compensated for by the insurer. If, pursuant to the Contract, the risk of occurrence of certain circumstances has been transferred to the Lessee, then the Lessee is held liable also in case he or she is not guilty of causing the damages.
2.2 During the period of validity of the Contract, the Lessee bears the risk of accidental destruction of the Vehicle and the risk of causing damage to the Vehicle or the accessories thereof if such damages are not compensated for by the insurer based on an optional or another insurance contract.
2.3 The Lessee shall compensate for the cost of parts which are lost from the Vehicle or destroyed or damaged, if such damages are not compensated for by the insurer based on an optional or another insurance contract of the Vehicle.
2.4 The Lessee is liable and undertakes to pay the fines received during the lease period for traffic, parking or other violations. Upon failure to pay such fines, the Leasing Company is entitled to demand, in addition to the enforced payment of the fines (including bailiff fees), payment of a service fee in the amount of 50 Eur from the Lessee. In case the Lessee receives a fine for a traffic or parking violation during the lease period, he or she is bound to inform the Leasing Company of such fines at the end of the lease period.
2.5 The Lessee is bound to pay the cost of repairs of a damaged tyre in the amount of 20 Eur per each damaged tyre, or the cost of a new tyre in case the damaged tyre cannot be repaired. The Leasing Company shall give the nonrepairable tyre together with the second tyre which was used on the same axle with the nonrepairable tyre to the Lessee, and the ownership of these tyres is also transferred to the Lessee.
2.6 In case the Lessee fails to return the Vehicle with a filled fuel tank, the Leasing Company becomes entitled to demand payment of compensation for each litre of fuel according to the price list of fuel purchased, plus a service fee of 10 Eur.
2.7 If the insurance risk coefficient of the motor third party liability insurance is increased as a result of actions of the Lessee, the Leasing Company becomes entitled to demand payment of a one-time contractual penalty in the amount of 100 Eur from the Lessee.
2.8 The Lessee confirms that he or she is aware of the fact that upon causing damages to the Vehicle, the amount of his or her liability is 320 Eur and 15% of the cost of the Vehicle in case of theft. The Lessee is aware that violation of the obligations arising from the Contract can cause his or her liability to increase to a level of 100% of the cost of the Vehicle.
2.9 In case the insurer compensates to the Leasing Company for damages for which the Lessee is liable pursuant to the Contract, the obligation of the Lessee to compensate for the damages to the Lessor is decreased by the respective amount.
2.10 The Lessee is bound to carry out all financial obligations and pay all claims arising from the Contract, including the lease payments and fees for supplemental services and the use of accessories, within seven (7) calendar days from the receipt of a respective claim from the Leasing Company. A claim is deemed received when the Lessor sends the claim by post to the residence or seat of the Lessee, specified in this Contract.
2.11 The Leasing Company is entitled to submit any financial claim, arising from the Contract, to the Lessee immediately after the extent of the claim has become evident, and the Lessee is bound to pay according to clause 2.10 of the Contract. Financial obligations shall be paid by the due date prescribed in clause 2.10 also if a misdemeanour, criminal and/or insurance procedure has been initiated in relation to the circumstances.
2.12 If the Lessee disagrees with a claim of the Leasing Company or the extent thereof, he or she is entitled to submit a challenge to the Leasing Company within fourteen (14) calendar days from the receipt of the claim. Failure to submit a challenge is interpreted as agreement with the claim in its full amount, and any later challenges of the Lessee are not taken into account.
3. Lease payments and other charges
3.1 The Lessee undertakes to pay a fee for the use of the Vehicle according to the Contract and the currently valid price list of the Leasing Company as well as the terms of sale from the moment of delivery of the Vehicle to the Lessee until the returning of the Vehicle to the Leasing Company in the condition set forth in the Contract. The Lessee pays of the lease services, supplemental services and/or accessories used by the Lessee by the due date indicated in clause 2.10 of the Contract.
3.2 If the Lessee fails to pay the lease amount or other financial obligations arising from the Contract or the fee for supplemental services and/or accessories by the due date prescribed in the Contract, then the Leasing Company becomes entitled to demand payment of interest on arrears in the amount indicated in clause 3.3 hereof. Upon the second or a further incident of late payment, the Leasing Company is entitled to demand payment of a contractual penalty in the amount equalling to the lease payment for three (3) days in addition to the interest on arrears. Payment of the contractual penalty does not exempt from payment of the lease amount.
3.3 If the Lessee fails to pay any financial obligation arising from the Contract in due course, the Leasing Company becomes entitled to demand payment of interest on arrears in the amount of 0.1% of the due amount per each day delayed.
3.4 Prior to the delivery of the Vehicle, the Lessor is entitled to demand payment of the security, indicated in the terms of sale of the Leasing Company from the Lessee.
4. The Leasing Company undertakes
4.1 to deliver the Vehicle, which is in good working order, and the documents to the Lessee in a previously agreed time and location.
4.2 to deliver the Vehicle, which is clean and the fuel tank of which is filled, to the Lessee
4.3 to return the security to the Lessee who has performed all contractual obligations to the Leasing Company.
4.4 to inspect the Vehicle which has been returned by the Lessee within 7 (seven) calendar days from the returning of the Vehicle by the Lessee, and to submit claims relating to the discovered damages to the Lessee within 14 (fourteen) calendar days.
5. Delivery and receipt
5.1 The Leasing Company delivers the Vehicle to the Lessee and the Lessee receives the Vehicle by making a respective note on the Contract. In addition to the Vehicle, the Lessor delivers, the certificate of registration of the Vehicle, two wheel chocks, the first aid kit, the fire extinguisher and the warning triangle to the Lessee
5.2 If the Vehicle has omissions which do not prevent the use of the Vehicle, the Lessee makes the respective note on the Contract. Unless the Lessee has made a note on the technical condition of the Vehicle, the Vehicle is deemed to comply with the terms of the Contract and is free of omissions.
5.3 The Lessee undertakes to return the Vehicle in the technical condition equivalent to the one of the Vehicle upon its delivery by the Leasing Company, and the fuel tank of Vehicle must be filled.
5.4 The Leasing Company is entitled to demand compensation 200 Eur for cleaning the Vehicle.
6. Obligations of the Lessee upon a breakdown, accident or loss of possession
6.1 The Lessee shall immediately inform the Leasing Company of all breakdowns of or damages to the Vehicle which have occurred during the lease period. In addition, the Lessee shall submit a signed letter of explanation to the Leasing Company, providing his or her explanation to the event.
6.2 If a breakdown of the Vehicle prevents the further use of the Vehicle, the Lessee and the Leasing Company cooperate in determining the service centre where the breakdown will be repaired. Generally, the service centre is the representative office of the respective vehicle brand in the Republic of Estonia. The Leasing Company is not bound to compensate to the Lessee for the costs relating to such breakdowns or repairs of the Vehicle which have not been coordinated with the Leasing Company.
6.3. The Lessee is bound to immediately inform the Leasing Company of any damage, accident, robbery, fraudulent conduct, theft or other circumstance relating to the Vehicle which has compromised or which compromises the property in the ownership or possession of the Leasing Company. In the above referred instance, the Lessee is also bound to immediately inform the police and/or rescue services.
6.4. Upon a traffic accident, the conduct shall comply with the requirements of the Traffic Code.
6.5 Upon a traffic accident, the police shall be called on the scene of accident in order to register the traffic accident, or the Lessee shall properly fill out the “Traffic Accident Notification” form. Upon failure to present a copy of this “Traffic Accident Notification” form or the documents made by the police on the scene of accident to the Leasing Company, the Lessee shall be held liable for the full amount of damages caused to the Leasing Company.
6.6 Upon loss of possession, the certificate of registration and the keys of the Vehicle shall be immediately returned to the Leasing Company. The Lessee confirms that he or she is aware that upon failure to carry out the above described obligations, the insurer of the Leasing Company shall not compensate to the Leasing Company for any damages, for which reason the Lessee shall be bound to fully compensate for all damages caused to the Leasing Company, including 100% of the value of the Vehicle.
7. Liability of the Leasing Company upon breakdown of the Vehicle
7.1. The Leasing Company shall not be held partially or fully liable for damages which may be caused to the Lessee as a result of a breakdown of the Vehicle prior to or during the lease period and in case driving is discontinued or delayed in relation to the above, except in case such event is caused by a violation of the Contract by of the Leasing Company as a result of a deliberate action or gross negligence thereof.
8. Returning of the vehicle
8.1 The Lessee shall return the Vehicle at agreed upon time, in agreed upon location and in the condition in which the Vehicle was delivered to the Lessee.
8.2 Upon violation of the lease period without the respective consent of the Leasing Company, the Leasing Company becomes entitled to demand payment of double the lease amount for each delayed day.
8.3 The Lessee is aware that in case he or she fails to return the Vehicle on the due date prescribed by the Contract and he or she has not informed the Leasing Company of any impediments, the Leasing Company becomes entitled to submit an application to the law enforcement authorities of the Republic of Estonia based on paragraph 215 of the Penal Code, which provides the liability for the case of unauthorised use of the Vehicle.
8.4 If the Lessee returns the Vehicle prior to the due date prescribed by the Contract or if the Leasing Company cancels the Contract based on just cause, the Leasing Company is not bound to return the prepayment made by the Lessee.
9. Extraordinary cancellation of the Lease Contract
9.1 The Leasing Company is entitled to immediately cancel the Contract and demand immediate returning of the Vehicle in case it becomes evident that the Lessee violates the provisions of the Contract, has given false information upon the entry into the Contract, has otherwise mislead the Leasing Company or if other such circumstances become evident that may compromise the Vehicle or cause damages to the Leasing Company.
9.2 If the Leasing Company cancels the Contract based on reasons indicated in clause 9.1 hereof, the Lessee is bound to return the Vehicle to the Leasing Company within five (5) hours from receiving a telephone notice (incl. a SMS message) of the Leasing Company on the telephone number indicated in the Contract on the cancellation of the Contract. If the Lessee fails to return the Vehicle within five (5) hours, he or she undertakes to pay a contractual penalty in the amount of 200 Eur, and clauses 8.2 and 8.3 are applied.
10. Other provisions
10.1 All disputes arising from the Contract shall first and foremost be settled by way of negotiations. Upon failure to reach an agreement, in the Viljandi court house of the Tartu County Court.
10.2 By signing this Contract the Lessee has granted its consent for the processing of its personal data upon the non-performance of its duties, incl. the disclosure of such data to third parties for the purposes of the Personal Data Protection Act.