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Car Rental Terms and Conditions

Car Rental Terms and Conditions

CAR HIRE AGREEMENT

Between the one party Christos Nastoulis of George, resident of Preveza, with VAT number 116087713 D.O.Y. Preveza, who operates a car rental business with the distinctive title ‘click4rent- Rental Preveza’ (hereinafter referred to as ‘the lessor’) and the lessee/lessor with the details listed on page 1 of the general terms of rental (hereinafter referred to as ‘the lessee’), hereinafter jointly and severally referred to as ‘the parties’ or ‘the parties’, by this car rental agreement (hereinafter referred to as ‘the agreement’), the following is agreed and mutually accepted:

1. Subject matter of the contract: The object of this contract is the lease by the Lessor to the Lessee – as sole driver – of a specific car owned by the Lessor together with its parts and all its equipment, tools, keys, keys, registration plates and all related documents described on page 1 above (hereinafter referred to as “the car”), exclusively under the terms and provisions of this contract and the general terms of lease, which are considered part of the lease contract. If there is more than one lessee of the car, they all assume jointly and severally, each of them jointly and severally, all obligations to the lessor.

2. Duration of the lease: The agreed lease shall commence on the date of signature of the contract and shall last for as many full days as indicated on the 1st page on the front. At the end of this period, the lessee is obliged to deliver the car to the lessor on the specific date and at the address indicated on page 1 on the front. The minimum rental period is considered to be one twenty-four hours (1 day). The lessee-driver must be a minimum of twenty-three (23) years of age and a maximum of seventy (70) years of age, and must have held his/her driver’s license/license for at least 1 year. Upon receipt of the vehicle, the lessee must present the lessor with the original of his/her identity card or passport and driving license.

3. Daily rent: The daily rental of the car for all days agreed to be reasonable, fair and fully commensurate with the rental value of the car shall be the amount shown on the front 1st page. The entire agreed rent for the total duration of the lease is payable by the lessee to the lessor at the beginning of the lease at the time of delivery of the car to the lessee, either in cash, by bank transfer – remittance, or by credit card debit, compatible with a cooperating bank in Greece or abroad. The payment of the total daily rent due for the entire rental period is proven by a written – signed receipt from the lessor, excluding any other means of proof. For all categories, the lessee must pay a security deposit to cover the amounts relating to the security deposit and to pay the total rent (for non-prepaid reservations). The daily rental fee covers only those services listed restrictively on the 1st page on the front, as well as

• • • a) driver’s insurance up to 15.000€ (only in case of death, total or partial disability, not including hospitalisation costs, etc.)
    • b) insurance for bodily injury to passengers and third parties up to 1.220.000€ per person,
    • c) insurance for property damage (subject to the exceptions set out herein and in the general rental conditions),
    • d) fire insurance,
    • e) theft insurance, provided that the car is used in absolute agreement with the rental conditions and provisions herein.
    • d) 24-hour roadside assistance is also provided, in accordance with the terms and conditions of the relevant agreement between the lessor and the roadside assistance company, as well as the possibility of replacing the car immediately with another available car, regardless of class and capacity, in the event of damage or accident until it is repaired.

  The daily rental fee does not include any amount or expense not expressly mentioned herein and in the relevant insurance contract, which shall be borne solely and entirely by the lessee, such as, but not limited to:

  • d) fuel costs, replacement of tyres due to misuse of the car, any fines and related costs for violations of the Highway Code or any other legislation, etc.

In case of delayed payment of the agreed rent and any other additional charges, charges and expenses provided for herein, for any reason and regardless of the fault of the lessee, the lessee shall be liable and shall pay to the lessor the statutory default interest for each day of delay, calculated on the total number of days from the first day of delay until the day of full payment by the lessor.

4. Possession of a car: The car is owned by the lessor before and throughout the term of this lease. This agreement is solely a lease agreement, and the lessee acknowledges that it has, nor does it acquire, any rights other than those stated herein in a restrictive manner. The lessee is prohibited from disposing in any manner, assigning the use of, or establishing any rights of any kind in the car in favor of the lessee or any third party. The lessee is not, and in no event shall be deemed to be, a representative or agent of the lessor.

5. Terms of use: The car may not be used for any other use, including but not limited to:

• a) driving by any third party not contracted hereunder, without the prior written consent – approval of the Lessor,
• b) the carriage of persons or goods for consideration,
• c) subleasing to third parties;
• d) towing other cars, vehicles, trailers, etc,
• e) the transport or movement of heavy luggage or objects, flammable materials, chemicals, polluting or smelly objects, drugs, weapons, as well as any substances prohibited by law, or materials that in any way may endanger the safety of the car, its occupants and/or third parties,
• f) moving outside Greece without the prior written approval of the lessor,
• g) for driving, if the driver is fatigued or under the influence of alcohol, hallucinogens, narcotics, barbiturates or any other substance capable of impairing, even minimally, his or her ability to drive, or for any other reason,
• h) driving in violation of any traffic, customs or other applicable laws,
• i) participating in races of any kind (e.g. speed, off-road, etc.), and
• j) using the car as an instrument to commit a criminal or illegal act, etc.
• In particular, the car may be transported by ship, train or other means of transport only with the prior written approval of the lessor, while any damage caused to the car during transport is not covered by any insurance, but is the sole responsibility of the lessee, regardless of his fault, and subject to any exceptions expressly provided for herein.

In any case, the lessee is obliged to take care of the car, to thoroughly check its mechanical condition, the level of oil and water, the condition of the tyres and wheels, etc., to take all reasonable and necessary measures for the smooth and normal operation of the car, as well as to lock and guard it using the security systems and to take reasonable measures to prevent theft or reduction of its value from any cause. The lessee is prohibited from making any repair or intervention in the car by the lessee or any third party for any reason without the prior written approval of the lessor.

6. Guarantee: The lessee shall pay to the lessor as a guarantee for the good performance of this contract the amount indicated on page 1 of the general terms and conditions of rental , based on the category of the car. The amount of the guarantee shall remain with the lessor throughout the term of this contract, shall not be offset against any outstanding rental payments and shall be returned to the lessee without interest at the end of this contract, upon return of the car to the lessor and provided that the lessee has fulfilled all his obligations hereunder.

7. Delivery & return of the car: The car, by signing the general terms of the lease and accepting the terms hereof, as expressly stated on page 1 of the general terms , is hereby delivered by the lessor to the lessee in perfect condition and free from any defect, real or otherwise, which renders it unsuitable for the use desired by the lessee. The lessee has carefully inspected the car, test driven it, found it to his absolute satisfaction and has taken delivery of it unconditionally. The lessee is obliged to deliver the car to the lessor with the registration and all relevant documents, in the condition in which he received it and with the same amount of fuel as the car had when it was delivered by the lessor to the lessee, and at the exact place and time specified on page 1 of the general conditions.

The car is delivered clean and upon its return to the lessor the exterior must be in a condition that can be checked for possible damage. Regarding the interior , in case there are significant stains in the cabin of the vehicle or an animal was transported during the lease then the lessee will be charged for the biological cleaning of the vehicle. If there is a difference in the amount of fuel based on the relevant indicator on the dashboard of the car at the time of delivery of the car compared to the amount at the time of delivery, the lessee shall be charged and pay the corresponding amount in Euros at the time of delivery of the car to the lessor.

In the event of any delay in the delivery of the car to the lessor, without prior notice from the lessee, it gives the lessor the right to seek, without fail, to recover the car through the legal civil and criminal procedures, and the car may be considered stolen or misappropriated, and uninsured. In any case, the lessee is obliged to pay the additional daily rental fee corresponding to the days of delay in delivery of the car, taking into account that the minimum rental charge corresponds to 24 hours (1 day), unless otherwise agreed in writing between the parties. Moreover, in this case the lessor is entitled to claim any damage suffered due to loss of use of the car and, possibly, consequent general malfunction in the smooth – scheduled car rental of the lessor.

8. Infringements & fines: In case of a fine (e.g. due to illegal parking, violation of a traffic light or sign, exceeding the speed limit, etc.) and/or any finding by the competent authorities that the lessee has committed an administrative offence, the lessee is obliged to notify the lessor upon delivery of the vehicle, and in any case, within 24 hours of the time when the authorities establish the misconduct – infringement and/or the imposition of the fine and/or any other kind of sanction, being obliged to provide all relevant accurate and truthful information and to cooperate in every way with the lessor in whatever is necessary to exonerate the liable party or the lessor. In any failure of the lessee to take such actions in a timely manner, as described above, the lessee is additionally liable for the financial compensation of the lessor for any additional positive and consequential damage, as well as for any additional burden of any kind that the lessor will suffer due to the lessee, as a result of the lessee’s failure to do so. In the event that, for whatever reason, the lessor is billed on behalf of the lessee for all or part of the above costs, then the lessor shall invoice the lessee for the above amounts, and the lessee shall be obliged to pay the lessor on the same day as the latter is billed for them.

9. Termination of contract: In the event that the lessor becomes aware of any driving of the car in any way that is illegal or in violation of any of the terms of this contract, the lessor has the right to terminate the lease of the car at any time. Upon termination of the lease, the lease of the car shall be automatically terminated.

10. Accidents: In the event of an accident or any other incident (fire, theft, loss, etc. i) to notify the police, ii) to note the names and addresses of witnesses and any person involved in the above incidents, iii) not to recognize any third party claims, iv) to contact immediately by telephone or any other means the lessor or the representative of the insurance company in which the rented car is insured, v) collect all relevant information from any third party as well as any relevant document and evidence (e.g. taking photographs etc.) and send them to the Lessor without delay; vi) complete and sign any necessary document, strictly and only on the written instructions of the Lessor, and generally follow the instructions and orders of the Lessor to the letter.

11. Loss or damage: If the car is damaged or lost during the term of the rental agreement, the lessee is obliged, regardless of his fault, to pay the lessor immediately and without objection an amount equal to the value of the repairs, based on the estimate of a repair shop of the lessor’s choice, and in case of loss, an amount equal to the current market value of the car, plus the relevant taxes and the cost of registration plates, as compensation for the total loss of use of the car, except in the following cases: a) the theft of the car, which has occurred despite the fact that the lessee has fully complied with the terms of this agreement and any further provisions of the legislation in force; and b) the occurrence of damage – damage, which occurred despite the fact that the lessee has fully complied with the terms of this agreement and any further provisions of the applicable legislation and the C.O.C. Especially in case of loss of the car keys, for whatever reason, the lessee is obliged to immediately inform the lessor in order for him (the lessor) to send spare keys, without the lessee trying to start the car, while the cost of a new key is borne by the lessee on the basis of the relevant receipt from the car dealership that will issue the new keys. In the event that the keys are left locked in the car, for whatever reason, the lessee is obliged to inform the lessor immediately so that he (the lessor) can either send a second spare key or arrange for a locksmith to go and open the car, with the corresponding cost of sending the key and/or locksmith services being borne entirely and exclusively by the lessee, based on the relevant receipt.

12. Insurance coverage: The insurance coverage is specified and governed by the terms of the insurance contract concluded with the insurance company for the car. The lessee – driver of the car is exempt from damage to the car by fire and property damage caused by an uninsured vehicle, and is insured against civil liability for death or bodily injury to third parties and passengers. The insurance cover provided is subject to the condition that the car is used in full compliance with the terms and provisions of this contract and the general terms and conditions of hire. Otherwise, the lessee is fully and exclusively liable for the repair of any damage that may occur and has no claim whatsoever against the lessor. In any case, indicatively, the provided insurance coverage does not cover, except for the cases mentioned on page 1 of the general terms of rental, the following cases: a) damage to the bottom of the car if it is driven on the edge of the asphalt (kennel) or on unpaved roads or areas, b) any loss or damage to luggage and personal belongings, for which the lessor bears no responsibility whatsoever, c) damage and deterioration of the interior of the car, d) any damage or deterioration of the car during its transport by boat (except when caused by parking), train or other means of transport, as well as malicious acts or disturbances; e) in any case, if it is established that the driver was under the influence of alcohol or drugs, f) accidents caused by a driver involved not declared herein; g) for accidents for which the lessee has not immediately informed the lessor and has not filed the relevant accident report, regardless of his fault. The lessor shall collect any amounts paid by the insurance companies under the relevant contracts in the event of any insurance risk. The lessee shall notify the lessor in writing, no later than 24 hours after the lessee’s choice, of any occurrence of an insured event, irrespective of its liability. If the lessee fails to notify the lessor in time of the occurrence of such an insured event, the above insurance cover shall not apply, the lessor shall not be liable and shall be entitled to claim against the lessee any amount which the lessor may be obliged to pay from any cause related to the insured event in question, also covering any other damage suffered by the lessor due to its statutory strict liability for the car involved in the accident/incident.

13. Exemption from liability: The Lessor shall not be liable for anything and in any event (including slight negligence, accident or force majeure) and shall not be liable in any way and no claim may be brought against him. The lessor also accepts no liability whatsoever for loss of any property carried in the car or any property left in the car after it has been handed over to the lessor.

14. Right of substitution: This Agreement and the rights and obligations of the Lessee arising hereunder shall be in full and inalienable, in any manner and for any reason or cause whatsoever. The lessor shall be entitled, at its sole discretion, to be substituted in all its rights and obligations arising from this contract, without exception, by any third person or entity, provided that it notifies the lessee thereof in writing to the lessee.

15. Personal data: As part of the Lessor’s obligation to comply with the legal framework for the General Data Protection Regulation, the personal data information that comes to the Lessor’s knowledge with the consent of the Lessee shall be used solely for the agreed purposes hereof, and for the Lessor’s compliance with its necessary legal obligations, such as drawing up this contract, ensuring the insurance coverage of the Lessee, fulfilling the legal obligations of the parties regarding inspections of the tenant’s personal data, and for the purpose of the Lessor’s compliance with its legal obligations, such as the drawing up of this contract, ensuring the insurance coverage of the Lessee, fulfilling the legal obligations of the parties regarding inspections of the tenant’s personal data. The relevant provisions on the protection of personal data contained in the terms of use and privacy shall apply in any case.

16. Violation of the terms of the lease: This Agreement and the General Conditions of Lease shall supersede any other prior written or oral agreement between Lessor and Lessee. In any case where the lessee breaches or attempts to breach any of its obligations hereunder, or in the event that the information and other particulars which it provides to the lessor are not accurate, the lessor shall be entitled to terminate this agreement, and to seek compensation for any loss suffered as a result of the above inaccurate information/details. In case of termination of this contract, the lessor is entitled to exercise all his legal rights. The lessee is entitled to unilaterally terminate this lease before the expiry of the agreed term of this lease provided that he has fulfilled all his obligations under this contract. This contract may be terminated by the lessor in the event of bankruptcy, the filing of a petition for bankruptcy or cessation of payments by the lessee, or if the lessee’s solvency is in doubt, including, but not limited to, in the event of seizure, execution, auction, and receivership of any of the lessee’s assets.

17. Non-waiver: The failure of the Parties to exercise or the delay in exercising any of their rights under this Agreement shall not constitute or be deemed to constitute a waiver thereof.

18. Jurisdiction: All of the terms of this Agreement and the General Conditions of Hire shall be deemed by the parties to be material and they expressly and irrevocably accept each and every one of them and all of them together in their entirety as a single document, which constitutes the complete and exclusive agreement between the parties hereto and supersedes any written or oral agreement to the contrary. Any dispute arising out of this Agreement including disputes over its interpretation shall be subject to the exclusive jurisdiction of the Courts of Preveza. Any breach of any term shall have the consequences set forth in Article 16 above. The headings of the articles have been placed solely for the convenience of the parties and may not be used for the interpretation of this Agreement.

19. Amendments: Any modification, extension or renewal of the terms of this Agreement shall be null and void unless made in writing.

20. Notifications & announcements: Any notice or communication in connection herewith shall be given to the addresses of the parties set out in the introduction hereto and in the General Conditions of Hire.

21. The lessee hereby declares that he/she has read, understood, agrees and fully accepts all the provisions contained in the terms of use and privacy protection found on the lessor’s web link: rentalpreveza.gr. – click4rent.gr