General Business Terms for the Contract on Rental of a Means of Transport
1. Subject of the Agreement
Czech Rent a Car s.r.o., ID Number: 25110799, registered office in Prague, Táboritská 23 (hereinafter the “Rental Agency”) hands over to the Renter designated in the contract on rental of a means of transport (hereinafter the “Contract”) the means of transport (hereinafter also the “vehicle”) designated by the contract for temporary use, and the Renter undertakes to pay rent for use of this vehicle in the amount and under the conditions defined in the Contract. These General Business Terms for the Contract on Rental of a Means of Transport regulate some of the provisions of the contract indicated on the front page of this agreement.
2. Payment Conditions
If rent is agreed for a term of more than one month, the Renter pays rent monthly, always by the 20th day of the month for the previous calendar month. For each payment, the Rental Agency will issue a tax document. The prices for services are shown in EUR or CZK. Conversion from EUR to CZK is performed using a weekly fixed rate valid on the issue date of the tax document, or on the last day of rent. The weekly fixed exchange rate is shown at the Rental Agency’s offices. If the Renter delays in the payment of rent or any instalment on rent, it is obliged to pay the Rental Agency interest on arrears in the amount of 0.05% of the owed amount for each day of delay, in addition to the owed amount.
3. Term of rental, handover and return of the vehicle
The contract may be extended only before passing of the term by means of a written amendment. In this case, the conditions and scope of LDW, SLDW coverage and PAI, SPAI insurance (see point 5 below) remain intact for the Renter, if they were arranged during conclusion of the contract. If the contract is not extended in the foregoing sense, the late returning of the vehicle by the Renter after the deadline agreed in the contract will be considered a gross violation of the contract and will result in criminal prosecution as unauthorised use of third party property. In this case, the Renter is also obliged, in addition the rent, to pay the Rental Agency a contractual fine equal to double the original rent including all related fees for the period exceeding the agreed term of rent. Unless the contractual parties agree otherwise in writing, the Renter loses the claim to limitation of its liability based on the agreed conditions on the scope of LDW, SLDW, PAI and SPAI coverage (see point 5 below) on the day when it should have returned the vehicle to the Rental Agency according to the contract. The Rental Agency is obliged to hand over the vehicle to the Renter in good technical condition at the location and time agreed on the basis of the contract. All found defects, comments and complaints pertaining to the rented vehicle must be applied by the Renter during takeover of the vehicle by means of a record in the contract. The Renter is obliged to return the vehicle to the Rental Agency including all accessories and documents at the location and time agreed on the basis of the contract. The Renter is obliged to return the vehicle with respect to usual wear in the condition in which it took it over. The vehicle including documents and keys must be taken over by the Rental Agency’s designated employee. A special system applies at the Prague Ruzyně Airport branch, where vehicles are taken over by the designated ČSL employee at the CHECK IN stand for car rental agencies in the area of Parking Lot C. A handover protocol is always compiled on takeover of the vehicle. If the vehicle does not pass this stand and the handover protocol is not compiled by the designated ČSL employee, the Rental Agency will not consider the vehicle returned, with all the potential consequences (rent continues to be billed, all potentially found damages to the vehicle will be billed to the Renter, etc.). In the event of returning the vehicle at the hotel reception desk, the Renter is obliged to inform the Rental Agency of this fact in time in writing. In the opposite case, the Renter is obliged to pay a fine in the amount of rent, including other fees, until the time when the Rental Agency learns of the handover of the respective vehicle. In the event of loss or damage to the vehicle, the renter is obliged to pay the agreed rent until the time when the Rental Agency is informed of the loss of the vehicle or its damage, or when the Rental Agency learns of this fact by other means. The vehicle is always handed over to the Renter with a full tank and the Renter must return it with a full tank. If the vehicle tank is not full, the Renter is obliged to pay the Rental Agency EUR 2 excl. VAT per litre of fuel.
4. Rights and Obligations of the Contractual Parties
The Renter is obliged to use the vehicle only for the purpose for which it is intended, or the usual purpose. The Renter is also obliged to maintain the regular service inspections stipulated by the manufacturer according to the mileage, to maintain the correct level of lubricants and operating liquids including pressure in the tyres (the Renter was duly informed of all these facts before signing the contract); after driving 1000 kilometres, the Renter must always inform the Rental Agency of this fact, adhere to all traffic, customs and other valid legal regulations of CZ and EU and prevent damages. Without written consent from the Rental Agency, the Renter must not hand over the rented means of transport for use to any persons other than those indicated in the contract. The Renter must not participate in races or competitions using the respective vehicle or use the vehicle to transport goods or passengers for payment. The Renter is obliged to secure the vehicle against theft, damage or third party interference. In particular, the Renter must not leave the keys or documents in the parked vehicle and must always lock the parked vehicle properly. If the vehicle has a mechanical security system, the Renter is obliged always to use it. The Renter must not drive the vehicle under the influence of alcohol, narcotic substances or medication that reduces the ability to drive a motor vehicle. The Renter is obliged to inform the Rental Agency without undue delay about the occurrence of any defects in the vehicle that occur during its use and require repair. Failure to fulfil this obligation establishes the Renter’s liability for damages incurred in consequence of not removing the defect. The Renter bears the costs for repair in consequence of incorrect use of the vehicle. A violation of any of the foregoing obligations is a gross violation of the contract.
Entries to Romania, Bulgaria, Turkey, the countries of former USSR and Yugoslavia (except Slovenia and Croatia) are not allowed. It is mandatory to inform Europcar CZ about the fact that the customer intends to go to Croatia. It is not possible to apply SUPER LDW and cumulate it with double LDW regarding entrance to Croatia.
5. Liability for Damage and Insurance
The Rental Agency declares that it has concluded third party liability insurance from motor vehicle operation in the meaning of Act No. 168/1999 Coll. The Renter is liable to the Rental Agency in full for damage incurred to the vehicle in the period from handover of the vehicle to the Renter until its takeover by the Rental Agency. Liability for damage to the vehicle may be contractually limited in the case that the Renter under a contract accepts the conditions of LDW and SLDW and pays the fee for this financial coverage. For the purposes of this agreement, LDW refers to: limitation of liability for damages caused by damage to the vehicle or a part thereof up to the amount of EUR 700 (according to the vehicle category). Theft of part of the vehicle and damage to tyres is not subject to this coverage. For the purposes of this agreement, SLDW refers to: exemption from liability for damages caused by damage to the vehicle whilst fulfilling the conditions stipulated in points 4 and 5. However, financial coverage under LDW and SLDW does not limit the Renter’s liability in the event that the damage, traffic accident or theft of the vehicle occurs in consequence of a violation of the obligations from the contract or generally binding legal regulations, independently of the Renter’s fault. In the case of damage to the vehicle within the framework of two or more damage claims, such damages will each be assessed individually in terms of the Renter’s liability. If the Renter accepts a contract for personal insurance (PAI and SPAI), the Rental Agency will provide accident insurance to the Renter and all persons travelling in the vehicle, for payment and in the scope of the conditions stipulated by the respective insurance company. Fine for traffic violations caused by the vehicle throughout the duration of the contract and other damage that occur based on the loss of documents, keys or tools that belong to the vehicle’s equipment are always paid by the Renter. A fee of CZK 4,200 excl. VAT is billed for the loss of vehicle documents or keys. A fee of CZK 11,200 excl. VAT will be billed to the Renter for filling the tank with the incorrect type of fuel, and for filling the tank according to the type of vehicle.
6. Procedure in the Event of Damages Claims
In the event of a traffic accident, theft, damage or only partial damage to the vehicle and in the event of injury or death of a person in consequence of a traffic accident, the Renter is always obliged to call the police, regardless of the value of the resulting damage. If it fails to do so, it is liable in full for the incurred damages. The Renter is obliged to complete a record of the traffic accident, whereas this form is a part of the vehicle documentation. The Renter is obliged to submit confirmation of involvement in the accident or occurrence of other damages to third parties immediately to the Rental Agency, at latest within 24 hours from the occurrence of damages. In the event of damage by theft of the vehicle, the Renter is obliged immediately to submit the documents and keys to the vehicle to the Rental Agency. If it fails to do so, the Renter will be liable in full for the incurred damages. The Renter is obliged to provide the police, Rental Agency and its insurance company with cooperation in investigating the accident and within the framework of liquidation of the claim, as well as potential court proceedings.
7. Termination of the Rental Relation
The rental relation expires upon passing of the term for which it was concluded. The Rental Agency is authorised to withdraw from the contract with immediate effect if the Renter uses the means of transport in a manner contrary to the contract or in a manner that is detrimental to the Rental Agency or poses a rise of substantial damages, and also if the Renter does not pay the invoiced amounts or violates its obligations from the contract.
8. Miscellaneous Provisions
This agreement is compiled in two counterparts, of which each contractual party receives one. The agreement comes into validity and effect on the date of its signing by both contractual parties. All change and additions to the agreement may be made in written form only. The Renter agrees that the information in this agreement, including its information, will be processed by the Rental Agency in the meaning of Act No. 101/2000 Coll. The agreement is compiled in Czech and English and in the case of mutual dispute, the Czech version shall be superseding. In the event of a court dispute, the parties have agreed that the substantively and locally competent courts are those of the Czech Republic. This agreement is governed by Czech law.