TERMS OF CONTRACT
of the company PRODIK Rent car, a s. for the rental of the means of transport
Subject of Contract and Purpose of Rental
1.1 On the basis of “Means of Transport Rental Contract" (hereinafter "MTRC") Lessor shall leave to Hirer for temporary use under stipulated contractual conditions motor vehicle and Hirer shall undertake to pay stipulated rental and fulfill other obligations resulting to him from the contract, basic terms of contract (hereinafter “BTC“) and these terms of contract (hereinafter “TC“). MTRC, BTC and TC shall be collectively referred to as “Contract".
1.2 MTRC identifies Lessor (hereinafter “Lessor'') and Hirer (hereinafter “Hirer") and other general content appendages of the contract, especially agreed rental term, specific vehicle identification (hereinafter “Vehicle"), unit, or total agreed price for the rental of the Vehicle (hereinafter “Rental"), obligatory as well as above-standard accessories of the vehicle (hereinafter accessory of “Vehicle"), information whether Hirer can use the vehicle outside the territory of the Czech Republic as well as the information on the technical conditions of Vehicle. To avoid any doubts of Hirer, BTC identifies selected rights and obligations of parties and rudimentary sanctions resulting from Contract. By MTRC signing Hirer confirms not only the information and stipulations identified in MTRC, but also confirms to become acquainted with BTC and hereto TC before concluding of the contract and to agree with them as the integral part of Contract without any reservations and he hereby undertakes to follow them.
2.1 Contract shall cease to exist by the expiration of stipulated rental period, possibly by the agreement of both contracting parties. Vehicle rental duration is defined in Contract from time point of view. Stipulated rental duration can be shortened and/or extended after the agreement.
2.2 Shall Hirer demand extension of stipulated rental period, he shall effect the request always one day before the expiration of originally stipulated rental period. Shall parties agree upon the extension of the rental, Lessor shall account the rental till the end of originally stipulated rental period, and Hirer shall be obliged to settle to Lessor such accounted rental to the accounting statement day. Lessor shall be entitled to ask for reasonable cash advance for further period, and Hirer shall provide Lessor with it without delay.
2.3 Furthermore, Hirer can ask Lessor for shortening of stipulated rental period. Shall Lessor approve the requirement for the shortening of rental period, and shall be Hirer prior to that by the agreement provided the reduction from standard price list rate, Hirer shall be obliged to settle to Lessor the rental calculated not only pursuant to reduced price, but pursuant to standard price list rate to the date of Contract concluding for the whole period of the rental till the day of its premature termination. A.m. shall not be valid shall contracting parties agree otherwise. Lessor shall prepare the accounting of the rental to the day of premature termination of the rental in compliance with mentioned accounting rule and Hirer shall be obliged to settle to Lessor such accounted rental.
2.4 Shall Hirer return Vehicle before the termination of stipulated rental period without the agreement with Lessor, Lessor can (but does not have to) take-over the vehicle. Rental shall terminate by premature returning and taking-over of the vehicle; nevertheless Hirer shall be obliged to settle to Lessor the rental for the whole originally stipulated period of the rental as if premature termination of the rent would not have occurred.
2.5 Rental shall terminate at theft or destruction of Vehicle as well as in other cases identified by law or contract.
2.6 Shall Hirer breach his obligations, Lessor shall be entitled to withdraw from Contract. These are mainly following cases of breaching:
conditions for operation and common use of Vehicle; conditions given by Vehicle producer; obligations resulting to Hirer from contract; obligations resulting from Contract on vehicle insurance.
Lessor shall not conclude Contract with Hirer, or possibly he has the right to withdraw from already concluded contract, shall not be Vehicle roadworthy for the operation after previous hirer, or shall not previous hirer return Vehicle. In such a case, Lessor shall be entitled to provide Hirer with another Vehicle or to withdraw from Contract. Shall Lessor offer Hirer another Vehicle, Hirer shall not be entitled to Lessor for damage compensation or profit loss. Shall be Hirer offered another than agreed Vehicle under mentioned circumstances, Hirer shall be obliged to take-over such Vehicle. Hirer can relieve himself from such obligation only by the withdrawing from Contract, which he can effectuate till the taking-over of offered Vehicle at the latest. Hirer can not withdraw from Contract pursuant to hereto provision after the taking-over of offered Vehicle.
Vehicle is handed and taken-over only in the period from 7.30 AM to 15.30 PM in relevant car rental company of Lessor, in working days, unless agreed by contracting parties otherwise. Lessor is not obliged to take or hand-over Vehicle outside mentioned period. Hirer is obliged to return to Lessor Vehicle on the rental termination, in the period mentioned in MTRC at the latest.
Hirer shall be obliged to take-over Vehicle on the day and hour as stipulated in MTRC. On the occasion of taking-over Hirer shall take-over from Lessor Vehicle car keys as well as all other needed documents related to Vehicle in-question, in particular Vehicle Registration Certificate - so-called small technical card (hereinafter “RC“), documents on Vehicle insurance. In case of long-term rental, after the agreement with Lessor, Hirer shall also take-over service book and/or any other above-standard accessories. Signature of Hirer on Contract shall be the proof of taking-over of ail needed documents and accessories. Shall Hirer sign MTRC, but shall there be any doubts about the fact whether Hirer really took-over needed documents and accessories, it shall be presumed that Hirer took-over needed documents and accessories on the occasion of the signing of Contract for Vehicle.
By signing of Contract Hirer confirms the taking-over of Vehicle in good technical status corresponding with valid legal regulations, especially law no. 56/2001 Coll. on conditions of the road traffic operation of vehicles as amended and instruction no. 341/2002 Coll. on approving of technical qualification and on technical conditions of the road traffic operation of vehicles as amended.
Amount. Maturity and Method of Settlement of Rental and Other Payments
4.1 Current price list of rental is specified in internet pages of Lessor www.prodik.cz. Hirer hereby declares to familiarize himself with mentioned price list before concluding of Contract. Amount of rental for particular contractual relationship is identified in Contract. Price list shall be used in case that Contract stipulates so, or unless Contract specifies the amount of settlement for the use of the car for certain period (f.e. use of the car without legal reason).
4.2 On handing-over of Vehicle Lessor shall usually ask Hirer for advance payment, the sum of which shall be agreed before concluding of Contract. Hirer shall be obliged to pay such advance payment at concluding of Contract, unless contracting parties agree otherwise.
4.3 Hirer hereby undertakes to pay all payments, obligatory to be paid to Lessor in connection with this contract, to Lessor
- on the day of Vehicle return or
- on the day when the vehicle should have been returned to Lessor, but was not returned on that of mentioned two days, which shall come into effect earlier upon the origination of the claim of Lessor for particular settlement. In case of invoice payment on the day identified in the invoice of Lessor, where particular sum is charged to Hirer. In such a way Hirer shall settle to Lessor mainly payments of the rental, compensations for any damage to Vehicle and accessories, compensation for missing accessories and documents, which Hirer took-over in order but did not return, payments of the participation in caused traffic accident, damage to Vehicle defined as vandalism, damage to Vehicle without known offender and also with theft of Vehicle (see article VII, para. 7.4). Hirer shall settle all damage of accident with the occurrence of damage on entrusted Vehicle over 100 000 CZK, or shall occur any damage to property of third persons or shall it be traffic accident with the damage to health, and Hirer did not report such traffic
accident to the Police of the Czech Republic, as well as all sanctions resulting from breaching of Contract etc.
44 Unless specified otherwise, all sums in Contract are stated without VAT.
45 Other services not identified in Contract (f.e. returning of Vehicle in another car rental location and others) shall be charged pursuant to the price list of such services mentioned in internet pages of Lessor, in the wording effective to the day when the providing of such service occurred. Hirer hereby undertakes to pay such fees to Lessor.
Obligations of Lessor
5.1 Lessor shall be obliged to hand-over to Lessor Vehicle qualified for operation, conforming with regulations on road motor vehicle traffic, clean from outside and inside, with all accessories and obligatory equipment pursuant to Contract, with one key (set of keys), including valid documents and with full tank of fuel corresponding with the type of Vehicle (hereinafter “Fuel").
5.2 Lessor shall be obliged to verify technical conditions of Vehicle with Hirer within Vehicle handing-over procedure.
5.3 Lessor shall guarantee the settlement of all damages caused on Vehicle on the grounds of accident and/or theft of the vehicle, with the exception:
- Hirer hands-over Vehicle to person not identified in Contract as driver or to person not holding relevant and valid driving license older than 6 (six) months,
- Hirer or any other person, whom Hirer entrusted Vehicle, breaches the provisions of legal regulations on consumption of alcohol drinks or any other intoxicating or psychotropic substances before or during the driving,
- Hirer or any other person, whom Hirer entrusted Vehicle, breaches the rules of the regulations on the road traffic or any other relevant binding instructions or decisions,
- Hirer or any other person, whom Hirer entrusted Vehicle, breaches the conditions specified by producer of Vehicle for its operation, maintenance or any other handling with Vehicle, participation upon caused traffic accident and/or theft (see article VII, para 7.4)
5.4 Unless specified by hereto Contract otherwise, Lessor shall settle common repairs of Vehicle, not caused by incorrect use of Vehicle or neglecting of standard daily care on rented Vehicle by Hirer. Shall occur the defect of Vehicle on the reasons on grounds of Hirer, Hirer shall settle the pulling-away of Vehicle and other related expenses.
5.5 Lessor shall settle guarantee and technical inspections of Vehicle without any exceptions.
Obligations of Hirer
6.1 Hirer shall be obliged to use Vehicle in compliance with hereto Contract, binding regulations and to handle it in compliance with conditions identified by Vehicle producer for its operation. Furthermore, he shall observe the conditions of Vehicle insurance. He shall be obliged to take care of Vehicle in such a way so as no damage on it could occur and he shall be always obliged to secure Vehicle against theft. The same shall apply to handed-over documents and vehicle accessories including keys. Hirer shall not leave Contract and documents handed-over with Vehicle unattended in Vehicle with respect to possible theft.
6.2 Hirer shall not consign Vehicle to another person than to person identified in Contract. Hirer shall be obliged and shall be responsible for the fact that the transport means shall be driven only by persons identified in Contract and that such persons shall be over 20 years of age with valid corresponding driving license older than 6 (six) months.
6.3 Vehicle is equipped with security equipment (electronic or mechanical, and/or both) improving its safety against theft, and Hirer is obliged to use such equipment.
6.4 Without previous written approval of Lessor, Hirer shall not handle Vehicle and its technical equipment in any other way than usual for common use of Vehicle. Particularly, he shall not remove permanently mounted accessories and appliances of Vehicle, disconnect electrical sources and/or electronic equipment, handle with speed indicator etc.
6.5 Hirer shall be obliged to perform routine day inspection and maintenance of Vehicle before start and end of individual route (monitoring of pressure in TIRE, operating fillings and their possible escape on the grounds of set leakage, lighting, charging etc.), to remove immediately any defects or imperfections and to settle costs related to common operation of rented Vehicle, such as above mentioned. Above all, Hirer
accepts and acknowledges that he shall be obliged to immediately guarantee the removal of any defect of TIRE (meant also spare one). Neither rental discount nor any other compensation shall belong to Hirer for the defect of TIRE. Hirer shall bear costs related to TIRE defect and its removal.
6.6 In case of accident, damage or technical defect of Vehicle preventing its further trouble-free operation in the Czech Republic or abroad, Hirer shall be obliged to immediately consult further procedure with Lessor and to ask for his instructions, which he shall be obliged to fulfill without any delay. Hirer can entrust the repair of Vehicle only and exclusively to brand service for particular type of vehicle, unless agreed with Lessor otherwise demonstrably.
6.7 Lessor shall settle all repairs including the pulling-away of immobile Vehicle (except cases when Hirer settles the costs pursuant to Contract or law). Shall not be operative settlement of such costs by Lessor possible, especially in case of the requirement of the service for cash payment, Hirer shall settle such costs by himself on the spot. Price for performed activities (repairs, pulling-away) shall be paid to Hirer by return after delivering of relevant document to Lessor
6.8 In case of accident, damage or Vehicle failure Hirer shall contact Lessor immediately and shall agree with him upon method and place of repair. The same shall apply for the case that the operation of Vehicle might result in the breaching of the conditions specified for the operation of Vehicle on road traffic, or any other binding regulations, or shall the operation of Vehicle jeopardize safety of persons or freight. Hirer shall settle ail damages to external varnish and/or vehicle interior in the full amount. Should be proved the responsibility of factual alien person, and such alien person shdoul settle the damage, a.m. shall not be valid. Hirer shall be obliged to settle the costs of all repairs the need of which has been called by breaching of Contract, hereto conditions or binding regulations or resolutions. The same shall apply to the costs related to such repairs.
6.9 Hirer can travel with Vehicle abroad only with written approval of Lessor. Such approval shall be explicitly identified in MTRC.
6.10 Hirer shall be obliged to return Vehicle in the term agreed in advance clean both from inside and outside for any possible guarantee inspection of the inspection by state technical inspection. Hirer shall be entitled neither to the settlement of costs of a.m. nor the discount from the rental in relation with a.m.
6.11 With the rental termination, Hirer shall be obliged to hand-over Vehicle to Lessor in the status in what he took it over, with the consideration of common wear and tear, clean from outside and inside including all accessories and car keys and necessary documents to the car and with full tank of fuel. Shall not be Vehicle returned clean and with full tank, Lessor shall charge Hirer with the washing of Vehicle and completing of fuel to the full tank level. Lessor shall specify the compensation for washing and completing of fuel within taking-over of the vehicle by expert estimation. Hirer shall be obliged to settle such accounted costs.
6.12 Hirer shall be obliged to return Vehicle to Lessor in the business premises, where he took it over. Shall he return Vehicle in another place, he shall be obliged to pay to Lessor the fee as other service in the wording of the para 4.5.
6.13 While taking-over of Vehicle, Hirer shall be obliged to hand-over to Lessor true and complete information on contact places and possibilities, where Hirer shall be available during the whole period of the rental. Shall be these data changed, Hirer shall be obliged to inform Lessor on such change without any delay.
Traffic Accidents. Vehicle Damage. Vehicle Theft
7.1 Hirer shall be obliged to report to Lessor immediately every accident, damage or theft of Vehicle. Shall it be Vehicle theft, traffic accident with the damage exceeding 100 000 CZK, shall there be any damage to the property of third persons or shall it be traffic accident with the damage to health, Hirer shall report such event to the nearest police station (Police of the Czech Republic in the territory of the Czech Republic). Assistance of the Police of the Czech Republic shall be also necessary in cases of the damage to rented vehicle without identified offender. Shall not be the event investigated by the Police of the Czech Republic, or shall be Hirer identified as possible offender. Hirer shall settle the fee in the amount per para 7.4
7.2 In case of accident, Hirer shall be obliged to fill-in properly the protocol on accident (document issued by contractual insurance company or any other document fully substituting the previous one) and to deliver it at the latest in 48 (forty-eight) hours from the accident to the place of Lessor.
7.3 Shall occur the accident in abroad, Hirer shall be obliged to report such a fact to local police and to deliver to the place of Lessor immediately the police protocol that investigated the accident together with the protocol on accident.
7.4 In case of caused traffic accident, vandalism or any other event occurring in relation with the operation of hired Vehicle on road traffic, Hirer shall settle to Lessor contractual fine (hereinafter “coinsurance") in the amount of 5% from the price of executed repair, however, =5.000,- CZK as minimum. In case of Vehicle theft, Hirer shall be obliged to settle the participation in the specified amount of =25.000,- CZK. Participation is the sum by which is defined the share of the responsibility of Hirer upon traffic accident or event occurring in relation to the operation of rented Vehicle on the road traffic and corresponding with the sum of the participation demanded by contractual insurance company for the liquidation of the insured accident (hereinafter “IA“).
7.5 In cases when Hirer uses more expensive services of non-branch service, i.e. work execution for Vehicle repair is more expensive than the branch service would have charged, Hirer shall be obliged to settle to Lessor extra all invoiced repairs and executed works on Vehicle, above the framework of standard price list items.
7.6 Shall the insurance company refuse to settle occurred damage on the grounds of breaching of insurance conditions by Hirer (it is exclusion from the insurance), Hirer shall be obliged to settle the whole caused damage on Vehicle from his own sources.
7.7 Shall not caused damage (without VAT) reach the sum equaling to the participation upon the insurance (see para 7.4) and from the police protocol and/or from the information from the place of accident is clear that offender of IA is Hirer, he shall settle to Lessor damage and price of executed works specified by professional service in the full amount from his own sources.
7.8 All repairs and replacements of parts can be done only with the approval of Lessor. In case of need of replacement of parts on the grounds of minor accident or damage of Vehicle, Hirer shall be obliged to deliver to Lessor - besides trustworthy bill from service - also damaged component or part of Vehicle, unless Hirer and Lessor agreed otherwise. Shall not Hirer fulfill this obligation, Lessor shall not be obliged to settle to Hirer the costs of particular repair.
Sanctions for Failure to Fulfill Conditions of Rental and Settlements
8.1 Shall not Hirer after preliminary booking turn up for taking-over of Vehicle even after 2 (hours) after stipulated term, Lessor shall be obliged to provide Vehicle to another interested party. Shall be Contract already concluded before, Contract shall expire by vain expiration of mentioned term.
8.2 Shall not Hirer return to Lessor complete car keys, documents to Vehicle or Vehicle itself on the day and hour agreed in Contract, he shall be obliged to pay to Lessor for each started hour of delay with the returning of mentioned matters the contractual fine in the sum of =250,- CZK, till the moment of their proper return. Maximal possible sum of such contractual fine shall equal to =600.000,- CZK. Lessor shall report the failure of returning of mentioned matters without unnecessary delay to the police with the request for the opening of investigation of such matters. However, the right of Lessor to full damage compensation and the issuing of the compensation for unauthorized use of Vehicle shall not be touched. Hirer hereby acknowledges that Lessor shall apply to him - besides mentioned contractual fine - also the right for damage compensation caused by theft of mentioned matters and compensation for unauthorized use of Vehicle.
8.3 Shall not Hirer settle Lessor the rental or any other payments pursuant to hereto Contract in time, including contractual fines, and shall not he agree with Lessor otherwise, Hirer shall be obliged to pay to Lessor for each day of delay contractual fine in the amount of 0,05 % from sum due, till the payment.
8.4 Shall there occur theft of Vehicle and shall not Hirer hand-over to Lessor immediately the complete set of car keys, RC, or both, it shall be assumed that by breaching of his obligations Hirer indirectly helped to Vehicle theft, and therefore he shall be obliged to pay to Lessor contractual fine in the amount of =50.000,- CZK. The obligation to settle the participation pursuant to para 7.4 shall not be touched.
8.5 In case of the loss of RC, Hirer shall be obliged to pay to Lessor the contractual fine in the amount of =1.500,-CZK.
8.6 Shall Hirer hand-over Vehicle to person not identified in Contract as driver, or shall it turn-out that the person identified in Contract does not fulfill the conditions of para 6.2, Hirer shall be obliged to pay to Lessor the contractual fine =5.000,- CZK.
8.7 Shall there be a damage of TIRE and shall not Hirer arrange immediately on his own account the repair, he shall be obliged to pay to Lessor contractual fine in the amount of =5.000,- CZK for each damaged TIRE.
8.8 Substantial part of components including tires is marked. Shall Hirer breach the provision of para 6.4, he shall be obliged to pay to Lessor, besides all detriment caused by unauthorized handling, also contractual fine in the amount of =5.000,- CZK.
8.9 Shall Hirer repeatedly breach Contract in less serious way, Lessor shall be entitled to take away Vehicle against his will and without his knowledge. The same shall apply shall Hirer breach Contract even for onetime in a serious way. Claims of Lessor against Hirer from Contract shall not be touched.
8.10 In all cases caused by Hirer, Hirer shall be obliged to settle to Lessor the compensation for forced idle time of Vehicle for the period of its repair in the amount of =600,- CZK/day plus VAT in relevant sum, unless Lessor and Hirer agree upon another solution. Duration of forced idle time shall be identified on the grounds of the information of expert service company.
8.11 Shall Hirer travel with Vehicle out of the territory of the Czech Republic without the written permission of Lessor, he shall be obliged to pay to Lessor contractual fine in the amount of =10.000,- CZK.
8.12 Shall Lessor find out that Hirer knowingly identified contact place (permanent, temporary place of residence), upon which he does not stay for a longer period of time and/or telephone or any other contact upon which it is not possible to contact Hirer, or shall not he report in time their change, Lessor shall follow as if the theft of Vehicle. Shall Hirer give incorrect or incomplete information or in case of neglecting of the updating, he shall be obliged to pay to Lessor contractual fine in the amount =5.000,- CZK.
8.13 Besides contractual fine, Hirer shall be obliged to pay to Lessor occurred damage, unless stipulated or agreed otherwise. Hirer shall settle contractual fines irrespective to the fault. Shall be stipulated more contractual fines for one breaching of Contract, these contractual fines shall be valid concurrently. Shall be identical obligation penalized by contractual fine by TC as well as BTC, the obligation of the payment of contractual fine shall be only one.
9.1 Contracting parties agreed that all disputes resulting from hereto Contract or in relation shall be resolved with final validity by Arbitration Court at Chamber of Commerce of the Czech Republic and Agrarian Chamber of the Czech Republic in compliance with its Rules and Regulations by three arbiters. The place of arbitration shall be the Czech Republic.
10.1 These TC shall come into force on the date of drawing up and efficiency by signing of Contract by both contracting parties. Deviating provisions stipulated in MTRC shall have the priority over the wording of BTC and wording of these TC. Divergent provisions in BTC shall have the priority over the wording of these TC.
10.2 These TC and BTC together with MTRC shall form the integral part of Contract. Shall not be these TC valid or applicable based on any reason, BTC and MTRC shall be valid further and parties shall be obliged to complete the provisions of Contract without any unnecessary delay in such a way so as Contract should include also rights and obligations mentioned in these TC.
10.3 BTC is attached to MTRC and Hirer confirms its taking-over by his signature. TC is publicly available for the examination in the car-rental company of Lessor. Hirer was submitted with these TC and got acquainted with them before the concluding of Contract, which Hirer confirms by his signing of MTRC. TC shall be issued to Hirer upon request to each Contract free of charge.
10.4 Hereto TC substitute in the full scope so far valid Contractual Terms dated 31.7.2006, the validity of which expired by the issuing of these new TC.
10.5 Contractual relation based on Contract shall be governed by the commercial code. Any changes and amendments to Contract shall be in written.
10.6 Hirer hereby agrees with the treatment and saving of data from MTRC including his personal in the database of Lessor, or also with their use for the sending of commercial offers of Lessor. Shall it be necessary to check or confirm the solvency of Hirer, Hirer agrees with the possible provision of his personal data for such purpose to a third person.
Both contracting parties hereby declare to draw-up hereto contract according to true and free will of
contracting parties in two counterparts, each contracting party received one. Parties to Contract hereby
declare to read the text of Contract, including these TC and BTC, and to agree upon the whole content of Contract.