Conditions of car rental

 

 

These Terms and Conditions for renting a vehicle are an integral part of the Car Rental Agreement concluded by the Lessee and the Lessor. The Tenant's signature in the Agreement indicates his agreement with these terms and confirms that the Lessee has studied each of the provisions of these conditions governing its relations with the Lessor.

1. SUBJECT AND GENERAL CONDITIONS

1.1. The Lessor transfers the Car to the Tenant for temporary possession and use without rendering management and maintenance services (hereinafter - “TS”, “ATS”, “Car”), and the Lessee accepts the Car for use in accordance with its personal needs not related to implementation entrepreneurial activity.

The vehicle lease agreement is concluded in the procedure of the Public Offer (Offer), posted on the Internet at  https://myrentauto.com/pages/public-offer .

1.2. The object of the lease under the Agreement is the car brand, year of manufacture, type, category, VIN, engine, chassis, body color, state registration mark, number, date and place of issue of the vehicle passport, the number of which vehicle registration certificate is indicated in the Agreement vehicle rental.

1.3. Additional equipment is installed on the vehicle, named in the Vehicle Transfer Certificate signed by the Parties, payment for use, which is included in the rent.

1.4. The purpose of renting a vehicle specified in paragraph 1.2 is the temporary operation of the ATS by the Lessee in compliance with the current legislation of the Republic of Belarus.

1.5. The permitted territory for using the Car is indicated in the Vehicle Rental Agreement concluded by the Parties.

1.6. The contract is concluded for a period agreed by the Parties and comes into force from the moment of its signing and payment.

1.7. At the time of conclusion of the Lease Agreement, the vehicle leased out belongs to the Lessor, is not mortgaged, not arrested, is not the subject of claims by third parties. The indicated is guaranteed by the Landlord. Failure to comply (violation) of the foregoing is the basis for invalidating the lease.

1.8. The leased vehicle (Clause 1.2 of these Rules) is in good technical condition, meeting the requirements for vehicles in use in the Republic of Belarus used for purposes in accordance with the design purpose of the leased vehicle.

1.9. The lessor has the right to verify the intended use of the leased vehicle.

1.10. Responsibility for damage caused during the Rental Session by a rented vehicle, its mechanisms, devices, and equipment to third parties is borne by the Lessee.

1.11. The Lessor is obliged to transfer to the Lessee under the transfer certificate (see the 2nd page appendix) a vehicle. The act shall indicate: the technical condition of the vehicle, the completeness of the vehicle, information about the documentation for the vehicle, and other information.

1.12. After the contract expires, the Lessee is obliged to return the vehicle to the Lessor under the Acceptance Certificate at a place specified by the Parties.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

 

2.1. The lessor has the right:

2.1.1. at any time, monitor the safeguarding of the property of the Car, as well as its technical condition, monitor the compliance of the operation of the Car with the goals established by this Agreement;

2.1.2. If there are sufficient grounds to believe that fraudulent actions are possible, as well as other manifestations of unfair behavior on the part of the Lessee, to terminate the execution of the Agreement, unilaterally notifying the Lessee;

2.1.3. In the absence of a response from the Lessee to calls and SMS, to e-mail letters, to other attempts by the Lessor to contact the Lessee, received during the lease, the Lessor is entitled to take all actions to return the Car up to the wanted list;

2.1.4. In case of violation of the territory of permissible use established by Clause 1.5, put the Car on the wanted list, as well as resort to other protective measures to search for and return the property belonging to it;

2.1.5. Refuse to provide the Car if the Lessee has a debt on obligations arising from the Agreement, until the Lessee has fully paid the debt, and also if the Lessee has violated other terms of the Agreement.

2.2. The landlord must:

2.2.1. Timely transfer to the Lessee the vehicle specified in Section 1 in a condition and completeness that meets the terms of the contract and provide the necessary documents for its operation (as indicated in the vehicle acceptance-transfer certificate);

Provide fuel before renting a car. At the same time, the fuel level lamp should not blink or burn.

The insurance policy should include the ability to control the Lessee transferred to the vehicle.

2.2.2. Maintain the vehicle in technically sound condition, ensuring its safe operation, carry out ongoing and overhaul of the vehicle;

In the presence of the Lessee, check the serviceability of the leased vehicle, as well as familiarize the Lessee with the rules for its operation.

2.2.3. To bear the costs of maintaining the Car (before and after the end of the rental of the Car), its insurance, as well as other expenses incurred in connection with its normal operation (except for the costs that are directly assigned to the Lessee by the Agreement);

2.3. The tenant has the right:

2.3.1. Carry out any lawful actions that ensure the operation of the vehicle in accordance with the objectives of the Lessee and the subject of this Agreement;

2.4. The tenant must:

2.4.1. To take, in accordance with the terms of the Agreement, and carefully use the Car in strict accordance with its purpose and the purposes specified in the Agreement, to take timely measures to prevent and prevent damage to the Lessor’s property, and to eliminate the corresponding consequences;

2.4.2. Keep and return the vehicle in good condition, ensure its safety and completeness from the start of the rental session (period) to the end of the rental period. In this case, the Lessee is obliged to ensure the safety and completeness of the vehicle installed on (in) and adopted by the Lessee under the Acceptance Certificate for the transfer of additional equipment and documents to the Vehicle;

2.4.3. Car personally;

2.4.4. When operating the Car, properly and fully comply with the Rules of the Road of the Republic of Belarus (hereinafter - “SDA”) and bear full responsibility (including by paying personal funds for the fines imposed on the Car owner for a period coinciding with the rental period Car under the terms of this Agreement) for their violation;

2.4.5. Timely and in the prescribed manner and amount to make rent and other payments;

2.4.6. Immediately notify the Lessor by telephone specified by the Parties of any damage to the Car, its malfunctions, breakdowns, traffic accidents and events in which the Car acts as a participant, as well as any events and facts that could result in damage to the Car;

2.4.7. In the event of an accident, the Lessee informs the traffic police about this and at the same time informs the accident of the Lessor by the telephone specified by the Parties, receives, subsequently, the necessary documents in the traffic police: a certificate of the accident, a resolution or determination, and within 2 working days undertakes to transfer them (original copies) to the Lessor, and also, if necessary, participates in all activities stipulated by the SDA;

2.4.8. Registration of an accident without calling traffic police officers, under the current Lease Agreement, is prohibited;

2.4.9. In the event of the evacuation of the Car during the rental period, immediately inform the Lessor of this by telephone specified by the Parties, as well as carry out, in full, all necessary actions to return the Car from the parking lot. All expenses associated with the evacuation of the Car in

2.4.10. In the event of a change in the telephone number and / or other data, inform the Lessor thereof with the indication of new data at the email address specified by the Parties, as well as in writing by registered mail with a receipt of receipt and a list of investments. Prior to the date the Lessor receives from the Lessee updated data from the Lessee, the Lessor shall execute the Agreement taking into account the Lessor's data available to the Lessor. All risks associated with the Lessee not notifying the Lessor of a data change are borne by the Lessee;

2.4.11. Upon the expiration of this contract, together with the vehicle, return to the Lessor the accessories and documents that were received from the Lessor in accordance with the acceptance certificate.

2.4.12. In case of loss or damage to the rented vehicle, the Lessee is obliged:

  - immediately notify the Landlord or an authorized representative of the Landlord. In the event that loss or damage occurred on weekends or holidays, the Lessee must notify the Lessor of an authorized representative on the first business day;

  - to compensate the Lessor for the damage caused within 30 working days after its loss or damage.

The amount of compensation is determined by agreement of the parties based on the conclusion of an independent appraiser.

2.5. The tenant is prohibited from:

2.5.1. Drive a car in the absence of a driver’s license of the appropriate category necessary for admission to the management of a rented vehicle, as well as other documents provided for by the legislation of the Republic of Belarus;

2.5.2. Drive a car in a state of alcoholic, narcotic, toxic or other intoxication;

2.5.3. Transfer their rights and obligations under this agreement to third parties, as well as sublease property, conclude carriage agreements with third parties during which the car is used, mortgage property, lease it out, otherwise provide property disposal rights to third parties.

2.5.4. To transport dirty items;

2.5.5. Use technologies or take actions that could harm the Car, other property of the Lessor, property or health of third parties;

2.5.6. To make any changes (not agreed upon (in writing) with the Lessor) to the Car, to change any characteristics, to make improvements or deteriorations of the Car, to change the completeness of the Car;

2.5.7. Transfer the car documents received from the Lessor to third parties;

move without slowing down, and also without taking proper actions to prevent damage to the Car, on the road surface of inadequate quality (with the presence of pits, potholes, other violations or damage to the road).

2.6. In addition, by agreement of the Parties, the Lessee by the Lessor may be prohibited:

- smoking in the car;

- transport bulky items;

- apply any stickers on the Car (inside or outside);

- use the car for educational purposes;

- use the car in competitions;

- use the Car as a taxi or for other commercial purposes;

- moving along dirt roads;

- use the car for off-road driving, rough terrain;

- use the Car for drifting, practicing maneuvers, otherwise use the Car in violation of its intended use or due diligence requirements and respect for the Car;

- terminate the lease in the territory of closed parking, specialized parking, in the territory for which access is required a permit, in the territory of the underground parking, in the territory for which access must be paid for entry and / or parking, as well as in any other territories of limited access;

- adding technical fluids to the corresponding system of the car (brake, cooling fluids, engine oil, other fluids);

- repair of technical malfunctions (breakdowns) that arose during the operation (rental session);

- towing a trailer;

- towing other vehicles;

- transportation of animals outside special cages (boxes).

2.7. The conditions specified in this clause (2) shall be deemed to be the essential terms of the Agreement, for violation of which the Lessee bears the responsibility provided for by the Legislation of the Republic of Belarus and the provisions of this Agreement.

 

3. RENTAL CONTRACT RENTAL AND PAYMENT PROCEDURE

3.1. The parties to this Agreement establish the cost of renting the vehicle in rubles for the period - per day / hour.

3.2. The parties determine the amount of rental time (number of days / hours of rental).

3.3. The parties determine the total rental price for the full term (period, session) of the vehicle rental.

3.4. The Lessor is obliged to return to the Lessee the relevant part of the rent already received by him upon early return by the Lessee of the vehicle transferred to him for rent. In this case, the refundable amount must be calculated from the day following the day of the actual return of the vehicle leased by the Lessee.

4. RESPONSIBILITY OF THE PARTIES

4.1. For failure to fulfill or improper fulfillment of obligations under the Vehicle Rental Agreement concluded by the Parties, the Parties shall be liable in accordance with the current legislation of the Republic of Belarus. Unless otherwise established by the Parties to the concluded Vehicle Lease Agreement, it is assumed that there are lower established penalties for the guilty person. The set of sanctions specified in this section is valid unless the Parties have agreed otherwise.

4.2. For violation by the Lessee (persons authorized by the Lessee to drive a car) of traffic rules of the Republic of Belarus, as well as other laws of the Republic of Belarus during the rental of the Car, the Lessee bears the costs of paying administrative fines, as well as the costs of finding the Car in a penalty parking lot, special parking lot, paid parking lot .

4.3. In case the Lessee (persons authorized by the Lessee to drive the Car) violates the rights of third parties, causes harm to the health or property of third parties, the Lessee agrees to settle any claims against the Lessor from third parties and fully compensate the losses incurred by the Lessor.

4.4. In the event of damage to the Car as a result of an accident caused by the Renter’s fault (persons authorized by the Renter to drive the car), mutual fault of the accident participants, or as a result of an accident with a single participant - the Renter, or damage due to negligence, the Lessee is liable the cost of damage caused to the car of the Lessor (in case the car of the Lessor is not insured under the “CASCO” tariff regarding compensation for damage). In the event that the Lessor’s car is insured under the CASCO insurance product in respect of damages, the Lessee, in accordance with the provisions of this paragraph, is obligated to compensate the Lessor (car insurer) all its expenses associated with the insured event (deductible amount, etc.). The amount of compensation may be reduced by agreement of the Parties.

4.5. As ensuring the proper performance of their obligations, in accordance with the provisions of this Agreement, the Parties have determined to use the Pledge in the amount established by the Parties to the concluded Vehicle Rental Agreement.

4.6. The Lessee loses the right to return the Deposit (the amount of the Deposit is not refundable), and the amount of the Deposit goes to the Lessor (transferred to the account of the Lessor) in the following situations:

 4.6.1. In the event of intentional damage to the Car in the absence of an accident, namely, in cases where damage to the Car occurred due to the Lessee striking the exterior or interior of the Car, hitting an obstacle in a situation where the damage is caused by the current condition of the roadway, as well as when The tenant’s speed regime was inevitably and completely dependent on the actions of the tenant, placing on the car or inside heavy or bulky items, fire hazardous, explosive funds, chemicals that caused the Car or devices to deform or break down, in case of intentional damage to the Car through actions similar to vandalism, if the Lessee in the Car left without control the animals that caused damage or destruction of the Car, as well as in case of other intentional actions Tenant aimed at destroying or damaging the Car and causing damage to or destruction of the Car. In this case, the Lessee indemnifies the damage caused to the Car in full. This paragraph does not apply to accidents, as well as normal wear and tear of the Car during its normal operation in accordance with the intended use.

4.6.2. In the event of an unauthorized disconnection or damage to the GPS tracker in the Car (if any), unauthorized damage or disconnection of other protective systems or control systems installed in the Car (if any).

4.6.3. In case of loss or damage of documents for the Car. In this case, the Lessee reimburses the costs associated with the restoration of lost documents.

 4.6.4. In case of non-fulfillment or unilateral refusal to comply with the rules on the procedure for actions in case of evacuation, established by clause 2.4.9. The Lessee also pays for other expenses incurred by the Lessor in connection with such a violation.

 4.6.5. In the event of pollution of the Car interior, damage to the seats, dashboard, application of stickers, inscriptions and drawings, debris, as well as in other cases of deterioration of the appearance of the Car both inside the car and on the body and other external or internal parts of the Car. The Lessee pays the Lessor all expenses associated with the specified violation.

  4.6.6. In the event that the Car is handed over to a minor, a legally incapable person, a person with limited legal capacity, as well as a person who does not have a driver’s license. The Lessee also compensates the damage caused to the Lessor or the Car (if any) in full.

 4.6.7. In case of violation of the territorial boundaries of the permissible use of the Car. The tenant also

4.7. If the Lessee, before starting to use, did not notify the Lessor of the existing and noticed by him, before the beginning of the Rental session, damage, pollution or other kind of deterioration of the Car, incomplete documents, damaged documents, the Lessee is responsible for such violations as a person, that caused them.

4.8. If the Tenant has not sent a reasoned refusal to the email address specified by the Parties within three days from the date of notification of the fine, the Lessee shall be deemed to have confirmed his consent to the specified fine.

4.9. The Lessor is not responsible for the safety of material assets left in the Car by the Lessee or third parties.

4.10. The risk of accidental death or accidental damage to the Car from the moment of conclusion of the Agreement is borne by the Lessee.

 

5. SETTLEMENT OF DISPUTES

5.1. The Parties will seek to resolve disputes that may arise upon fulfillment of the terms of the Lease Agreement in pre-trial proceedings: through negotiations, exchanging letters, clarifying the terms of the agreement, drawing up the necessary protocols, additions and amendments, exchanging telegrams, faxes, etc.

5.2. If agreement is not reached, the dispute shall be resolved in accordance with the current legislation of the Republic of Belarus.

 

6. POSSIBILITY AND PROCEDURE FOR TERMINATION OF THE AGREEMENT

Vehicle rental agreement may be terminated by agreement of the parties.

6.1. At the request of the Lessor (unless otherwise provided by the Lease Agreement), the Lease Agreement may be terminated ahead of schedule in cases when the Lessee:

- uses a vehicle with a significant violation of the terms of the contract or the purpose of this tool or with repeated violations;

- significantly worsens the condition of the vehicle;

- more than two times in a row after the expiration of the payment term established by the contract, does not pay the rent;

- repeatedly admits violation of traffic rules of the Republic of Belarus, parking rules and other provisions of the law;

- tries to use technical means that block the GPS signal, otherwise disable the protective systems or control systems installed in the Car; 6) makes an attempt to fraud;

- in other cases when his interests are violated.

6.2. At the request of the Lessee, the concluded Lease Agreement may be terminated ahead of schedule (unless otherwise provided by the Lease Agreement) in cases when:

- The Lessor does not provide the vehicle for use to the Lessee or creates obstacles to the use of the vehicle in accordance with the terms of the contract or the purpose of this means;

- the vehicle transferred to the Lessee has disadvantages that impede its use, which were not agreed upon by the Lessor when concluding the contract, were not known to the Lessee in advance and should not have been detected by the Lessee during the inspection of the vehicle or if it was in good working order at the conclusion of the contract;

- the vehicle due to circumstances for which the Lessee is not responsible, will be in a condition unsuitable for use.

6.3. An agreement may be terminated by its parties or by a court decision if during the period of its validity there was a significant change in the circumstances from which the parties proceeded when concluding the agreement, when these circumstances changed so much that if such changes could be foreseen in advance, the agreement between the parties to it would not have been concluded at all or would have been concluded on conditions significantly different from those agreed upon under this agreement.

6.4. Unless otherwise provided by the Lease Agreement, the Agreement shall be deemed terminated from the moment the Tenant is notified.

6.5. The expiration of the Agreement does not relieve the Parties from liability for its violation, regardless of the reason for the termination of the Agreement, the Lessee is not relieved of the obligation to pay all payments under the Agreement, and is also not relieved of the liability stipulated by the provisions of this Agreement and the Legislation of the Republic of Belarus.

6.6. The consequences of termination of the lease are determined by mutual agreement of the Parties, or by the court.

 

7. VALIDITY OF THE AGREEMENT IN TIME

7.1. The lease agreement comes into force from the moment of signing by the Parties and payment, and becomes binding on the Parties that concluded it. The terms of the concluded Agreement apply to the relations of the Parties that arose only after the conclusion of the Agreement.

7.2. The termination (expiration) of the lease term entails the termination of the obligations of the parties under it, but does not relieve the Parties from liability for its violations, if any, occurred during the execution of the Agreement.

 

8. FORCE - MAJEURE

8.1. The parties are exempted from liability for non-performance and / or improper performance of obligations under the Agreement if this non-performance and / or improper performance is caused by force majeure (force majeure circumstances), according to the legislation of the Republic of Belarus.

8.2. A party for which impossibility to fulfill and / or proper fulfillment of obligations under the Agreement is created is obliged to notify the other Party in writing about the occurrence and termination of the above circumstances no later than 2 (two) days from the moment of their occurrence (termination).

8.3. If these circumstances last more than 2 (two) months, the Parties will negotiate a decision on the procedure for further execution of the Agreement.

9. ADDRESSES AND BANK DETAILS OF THE PARTIES

9.1. If the address (location) or the servicing bank changes, the Parties to the Agreement are obliged to notify each other about this within 3 (Three) business days.