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GENERAL CONDITIONS OFVEHICLE RENTAL
Article 1
Scope of the General Conditions
These generalconditions of vehicle rental (hereinafter referred to as „General Conditions“) constitute an integral part of the Vehicle Rental Agreement (hereinafter referred to as „the Agreement“), which „Greens Agro Ltd – branch of Greens Car Rental“ as the lessor (hereinafter referred to as „Lessor“ or „Lux car rental“) concludes with third parties – customers as lessees (hereinafter referred to as „the Lessee“), and are fully applicable unless the Vehicle Rental Agreement explicitly states otherwise. These conditions shall be delivered in one copy to the Lessee, who confirms the receipt thereof by his signature on the Agreement.
By signing the Agreement, the Lessee agrees to these General Conditions and the price list, as well as to the fact that the rented vehicle has been taken over with all necessary documents, keys, required equipment and in the correct condition.
Article 2
Basic Conditions Vehicle Rental
The Lessee must be at least 21 years old, and he has to have a valid driver’s license for at least 2 years. The Lessee is obliged to present to the Lessor when taking over a vehicle a valid identity card or passport, and a driver’s license for inspection. In case of doubt about the authenticity of any of these documents, the Lessor reserves the discretionary right to refuse to conclude the Agreement, or to issue a vehicle, without liability. If the client is a legal person, the person authorized to operate the vehicle must be specified in the Agreement and meet the stated conditions. When concluding the Agreement, the Lessee must have a credit card as a means of paying a deposit, or an appropriate amount in cash, which will be deposited on the spot. The Lessor reserves the discretionary right to refuse to conclude the Agreement, or to issue a vehicle, to persons who are obviously unable to safely operate the vehicle, regardless of the fact that they meet the aforementioned formal conditions, without liability to the client.
Article 3
General Obligations of the Lessee
The Lessee has the following obligations when renting a vehicle from the Lessor, and he is obliged to:
- treat the rented vehicle with the care of a good host and keep the vehicle properly;
- return the leased vehicle to the place and within the time limit specified in the Agreement;
- immediately stop driving if during the rental period an accident occurs on the odometeror one of the lamps indicating a possible malfunction of the vehicle or another defect lights up, and inform the Lessor of it immediately;
- not use the rented vehicle for prohibited purposes (for the execution of criminal offenses, customs, foreign exchange and other offenses as well as other prohibited actions), for driver training, for rent to third parties, freight transportation, participation in car races and car sports events;
- not use the rented vehicle under the influence of alcohol, drugs and other psychoactive substances;
- use the vehicle according to its characteristics and in accordance with its registered vehiclepurpose;
- use the rented vehicle only for his own purposes and operate it personally or give the vehicle to be operated by the „Second driver“ specified in the Agreement who meets the conditions;
- not burden the rented vehicle by persons or objects over the maximum permissible number/weight;
- without the written consent of the Lessor, not make any modification to the vehicle, change the outer appearanceor make changes in parts, assemblies, devices and equipment;
- enable at all times the control of the vehicle and documents to the authorized representative of the Lessor;
- participate actively in procedures for compensation of damages that have arisen;
- in case of traffic accidents, theft or other damage on the rented vehicle, providepolice record.
The Lessee agrees with these obligations by signing the Agreement and is obligated to compensate the Lessor for all the damage that arises in case of failure to comply with the above specified obligations.
In addition to these general obligations, the Lessee also has special obligations that are provided for in other Articles of these General Conditions.
Article4
Length of Rental
The minimum rental duration is 24 hours. In the event that the Lessee is late with returning the vehicle, 45 minutes of delay is tolerated, and then the new rental day is automatically charged according to the valid price list, the amount of which is to be paid by the Lessee upon returning the vehicle. The Lessee is obliged to notify the Lessor if he wishes to return the vehicle before the agreed date or time, in which case the Lessor is entitled to the full amount of the agreed fee.
Article5
Payment and Deposit
The lease is paid when the vehicle is taken over by credit card or cash or by payment to the Lessor’s account if the Lessee is a legal entity.
A deposit during the rental period is required. It is made with a credit card or in cash, and serves to secure any Lessor’s claims against the Lessee. If the claims do not exist after the termination of the rental, the deposit will be returned in the same way as it was given. The amount of the deposit is determined by the Lessor in each specific case, based on the length of the rental, category of vehicle and other circumstances before the conclusion of the Agreement.
The Lessor is authorized to transfer money, not subject to refund, from the account of the client who makes the reservation of the vehicle via the Internet to his account, in the amount of the price of one day of rental, before the conclusion of the Agreement, and this amount will be calculated in the amount of the rental price if it comes to the conclusion of the Agreement.
The amount of the deposit shall settle all damages and charges for which the Lessee is responsible in accordance with these General Conditions. If the deposit is not sufficient to cover the amount of damage and compensation, the Lessee is obliged to pay the entire difference to the Lessor.
Article6
Rental Price
The rental price depends on the category of vehicle, the period of the vehicle’s renting and vehicle equipment. The rental price is determined according to the Lessor’s price list at the time ofconcluding the Agreement.
At the conclusion of the Agreement, it is possible to arrange bringing the vehicle to a particular address for takeover, in which case the rental price covers driving the vehicle to a location within a distance of 20 km from the Lessor’s office, while for each extrakilometre (over 20 km) an amount of 1 euro per an additional kilometre is charged.
In addition to the vehicle rental price, the Lessee also pays for renting the additional equipment for the vehicle.[/vc_column_text][/vc_column][vc_column width=“1/3″][vc_column_text]
Article 7
Technical Correctness of the Vehicle
The Lessee is given a technically correct vehicle for use, and for any technical malfunction that arises during the rental period, the Lessee bears full responsibility if it is caused by his negligence. If, during the use of the vehicle within the rental period, a damage/failure of the engine, drive mechanism, gearbox, clutch, oil panor other characteristic partoccurs, the contracting parties shall jointly, at an authorized service station, perform troubleshooting of the failure and determine the amount of damage incurred. If a malfunction has occurred due to the negligence of the Lessee, the Lesseeis obliged to compensate the Lessor for the damage caused to the vehicle in full amount as well as for the lost profit due to the non-use of the vehicle in the amount of the Lessor’s minimum price for renting the vehicle according to the price list, for the maximum duration of 30 days. In the event of a total damage to the vehicle, the Lessee is obliged to compensate the Lessor for lost profits from the day of the accident until the day of the replacement of the damaged vehicle with the new one.
Article8
Vehicle Take-over and Return
As a rule, the vehicle is taken over at and returned to the Lessor’s office. Taking over and returning vehicles elsewhere are possible when there is a special agreement between the parties. The vehicle is returned during the working hours at the agreed time specified in the Agreement, except in the case of a special agreement between the parties. In case of returning vehicles outside the office (to the airport, hotel, home address, etc.), and outside working hours, it is done at an additional charge, the amount of which is determined by the Lessor.
Article9
Terms of Vehicle Use and Operation
The Lessee is expressly forbidden to drive the vehicle under the influence of alcohol, drugs and other psychoactive substances. If the Lessee does not adhere to this prohibition and/or leaves the place of the accident before the arrival of the police, he shall lose all the insurance rights he has acquired in accordance with these General Conditions and is obliged to compensate the Lessor for the full amount of damage (actual damage and loss of profit) the latter has suffered.
The rented vehicle may only be operated by the person registered as the driver in the Agreement. With the consent of the Lessor, another person who can operate the vehicle (hereinafter referred to as the „Second driver“) may be registered in the Agreement, with the Lessee who has concluded the Vehicle Rental Agreement responsible for absolutely all the actions and damages that were undertaken/causedby the Second driver under the conditions of the Agreement and these General Conditions. The Lessee accepts that responsibility and agrees with it by his signature on the Agreement.
The Second driver must meet the conditionsof Article 2 of these General Conditions. All rights and obligations stipulated by the Vehicle Rental Agreement and these General Conditions apply to the Second driver under the same conditions as to the Lessee.
If the Lessee provides the rented vehicle to an unauthorized person for use, any insurance that he has obtained in accordance with these General Conditions shall have no effect and he shall be liable to the Lessor for the full amount of the damage.
The Lessee is explicitly forbidden to use the vehicle for commercial purposes – for the transport of goods and persons for a fee. The opposite behaviour excludes the damage insurance, and the Lessee will be obliged to compensate the Lessor for the full amount of damage.
The Lessee is explicitly forbidden to use the vehicle for the execution of criminal offenses, customs or other offenses, to burden the rented vehicle by persons or objects over the maximum allowed weight specified in the vehicle registration document (traffic permit), to use it for the driver training, renting to third parties, towing other vehicles or trailers, and participating in car sports events. The Lessee is obliged to use devices and means for securing the vehicle from theft. The opposite behaviour excludes the effect of insurance against damage or theft.
The Lessee is explicitly forbidden to make any change in parts, assemblies, equipment or devices on the vehicle without the written consent of the Lessor, or in any way to change the interior or exterior appearance of the vehicle. Changed or missing parts the Lessee is obliged to compensate to the Lessor in full amount, according to the official price list of the authorized repairer.
The Lessee is obliged to use the additional equipment provided on request by the Lessor in accordance with the given instructions, and to inform the Lessor immediately of any possible failure on it. In the case of physical damage to the additional equipment, the customer is obliged to compensate the Lessor for the full amount of damage, according to the official price list of the authorized repairer.
Article10
Crossing of the Border
Special rentalconditions apply for journeys with a rented vehicle outside the borders of the Republic of Serbia. Moving across the border is permitted to the Lessee only with the written consent of the Lessor. All costs pertaining to the purchase of the green card required for entry into individual countries are borne exclusively by the Lessee. If in a foreign country a traffic accident or car damage occurs, the Lessee is obliged to compensate the Lessor for any difference that may arise after the insurance company has paid the damage, and if the insurance company does not pay compensation to the Lessor within the deadline, the Lessee shall compensatethe Lessor for the full amount of damage.
It is absolutely forbidden, without exception, to use the rented vehicle on the territory of Kosovo and Metohija. If the Lessee uses the vehicle on the territory mentioned above, he is obliged to pay to the Lessor all the damage caused by such use of the vehicle.
Article11
Insurance and Loss of Insurance Rights
The car that the Lessor gives to the Lessee is insured by CASCO insurance policy. The Lessee takes over the vehicle with the propervehicle registration document (traffic permit) and insurance policy, which is confirmed by his signature on the Vehicle Rental Agreement.
The rental price includes liability insurance for third parties incurred as a result of traffic accident and vehicle insurance against theft, under the terms of these General Conditions.
The Lessee is obliged to participate in any incurred damages in the amount that will be defined in the Agreement upon its conclusion and which will be charged from the deposit that the Lessee has left when concluding the Vehicle Rental Agreement, at the moment of returning the remaining amount of the deposit. If the deposit is not sufficient to cover the damage, the Lessee is obliged to compensate the Lessor for the difference.
The insurance does not cover damage to the interior of the vehicle, damage to tires, wheels and hub caps, damage to the lower trap, oil pan, broken and/or lost key, damage caused by tanking the wrong type of fuel.
If the damages from the previous paragraph arise, the Lessee is under obligation to compensate the amount of this damage in full at the[/vc_column_text][/vc_column][vc_column width=“1/3″][vc_column_text]moment when the vehicle is returned from the lease at the official price of the authorized repairer for the rented vehicle, i.e. at the retail price of the damaged parts.
The rental price also includes insurance against theft of the vehicle which belongs to the Lessee, except in the case of the loss of this insurance. The Lessee shall lose the right to theinsurance of the vehicle from theft if he:
- leaves the vehicle unlocked;
- leaves the keys of the vehicle inside the vehicle;
- leaves the vehicle unsecured (does not activate alarm or other security systems if the vehicle is in possession of it,or leaves an open window or trunk);
- in other ways, by hisbehaviour and use of the vehicle creates conditions for theft of the vehicle;
- does not immediately after finding out about theft notify the Lessor and the police about the theft.
In the event of losing the insurance of the vehicle from theft, the Lessee is obliged to compensate the Lessor for the value of the stolen vehicle at the moment of theft.
The Lessee shall lose all insurance rights (regardless of his guilt) if he causes a traffic accident or damage to the rented vehicle, third-party vehicles, or third parties, intentionally, by rough negligence, by driving in an alcoholised condition and/or under the influence of drugs or other intoxicating and/or psychoactive substances or if he leaves the place of a traffic accident before the police arrives.
In case of loss of insurance rights, the Lessee is obliged to compensate the full amount of the damage (actual damage and loss of profit) to the Lessor at the moment when the vehicle is returned from the lease, according to the official price list of an authorized repairer for the rented vehicle.
In the event of vehicle theft, the Lessee is obliged to participate in the damages in the amount that will be defined in the Agreement at the time of its conclusion.
Article12
Procedures in the Event of Accident, Damage and Theft of the Vehicle
In the event of a traffic accident, damage, theft of the vehicle or its parts or vehicle malfunctions, the customer is required not to leave the vehicle until he has provided for it to be taken over by the Lessor, to wait for the Minister of Interior’s bodies and to provide their record and to submit written statement to the Lessor’s office. If the customer misses some of the abovementioned actions and thereby incurs damages to the Lessor, he is obliged to pay compensation for the damages in full.
The Lessee is obliged to provide a police record even in case he was not present at the time of the damage or accident (e.g. the vehicle was damaged by an unknown person while the vehicle was in a parking lot).
If disappearance/theft of the vehicle has not been reported to the police, the Lessee shall pay the full amount of the value of vehicle that it had at the time of theft.
If a tyre of the vehicle is damaged during the lease of the vehicle in such a manner that it cannot be repaired (explosion, tearing of the tyre, etc.), the Lessee shall pay to the Lessor a fee equal to the value of the retail price of the damaged tyres of the same dimensions and characteristics.
Article13
Fuel and Vehicle Condition at the Time of Return
The Lessee is obliged to return the vehicle to the Lessor with the same amount of fuel as was in the vehicle at the time of the lease or to give the Lessor a compensation for the difference in the level of fuel at the retail fuel price.
The Lessee is obliged to return the vehicle in a clean condition. If the vehicle is not clean, the vehicle can be washed by the Lessor, with a fee equivalent to EUR 20 in dinars (RSD), paid by the Lessee. The deposit shall be returned only after the vehicle has been brought to a clean condition.
Article14
Costs
The Lessee is obliged to bear all the costs of motorway tolls, bridge tolls, ferry, traffic and parking penalties, fees for the removal and maintenance of improperly parked vehicles, which have been incurred during the lease.
If the rented vehicle is seized by the Ministry of Interior’s authorities during the lease, the Lessor has the right to keep the deposit permanently as well as the right to compensation for the entire damage.
All damages that the Lessor, as the owner of the vehicle, is subject to due to the penalties for traffic and other offenses committed during the time of the lease of the vehicle shall becompensated by the Lessee.
Article15
Personal Data Protection
The Lessor is obliged to keep personal data of the Lessee in accordance with the positive regulations of the Republic of Serbia regulating this area.
The Lessor has the right to provide the personal data of the Lessee to the competent state authorities of the Republic of Serbia upon their request.
Article 16
Contractual Jurisdiction
In the event of a dispute on any matter relating to the lease of a vehicle, the contracting parties shall attempt to resolve the misunderstanding amicably; if this is not possible, the jurisdiction of the competent court in Belgradeshall apply.
Art.17
Validity of General Conditions and Language
These General Conditions of vehicle rentalshall enter into force and shall be effective as of March 25, 2019.
These General Conditions are written in Serbian and English, and if there is any discrepancy regarding the text and meaning, only the Serbian version shall apply.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][/vc_column][/vc_row]