BUSINESS TERMS AND CONDITIONS OF THE LEASE AGREEMENT
1. Subject of the Lease
BOND Mobility Czech s.r.o., IČ 28198921, with its registered office in Prague, at Elišky Krásnohorské 134/9 (hereinafter referred to as the “Lessor”) leases the means of transport (hereinafter referred to as the “Vehicle”) designated by the lease agreement (hereinafter the “Agreement”) to the Lessee for temporary use on the dates and times determined by the Agreement and the Lessee undertakes to pay the rent specified in the Agreement for the use of this Vehicle. These business terms and conditions of the lease Agreement (hereinafter referred to as the “Conditions”) issued by the Lessor are in accordance with § 1751 of Act No. 89/2012, the Civil Code, are an integral part of the Agreement, and are stated on the front.
2. Rent and other payments
The Lessee undertakes to pay the rent and all other fees associated with the use of the Vehicle, including any and all damage, properly and on time. The Lessor will issue a payment document for each payment received. Prices of services are given in either EUR or CZK. The conversion of EUR to CZK is performed at the Lessor’s monthly fixed exchange rate valid on the date of the conclusion of the lease Agreement. The monthly fixed exchange rate is always displayed in the Lessor’s premises. The deposit, which the Lessee is obliged to pay to the Lessor when signing the Agreement, will be discharged upon return of the Vehicle. The deposit does not affect the Lessee’s obligation to pay rent. The amount of the deposit is determined by the Lessor, who may unilaterally increase it during the term of the Agreement. The Lessor is entitled to set off against the deposited deposit all its receivables from the Lessee arising from the Agreement, as well as from any other contracts concluded between the Lessee and the Lessor. The Lessee is also obliged to pay the Lessor all fees specified in the Conditions or the Lessor’s price list. The Lessee expressly agrees to pay rent, contractual penalties, as well as other fees related to the Agreement, including those arising from the Lessor’s price list, including any and all damage, to the Lessor’s payment account specified in the contract, without the need of receiving prior notice. If the Lessee is in arrears with the payment of rent or any other obligations related to the lease, he/she is obliged to pay the Lessor, in addition to the amount due, a contractual penalty of 0.05% of the amount due for each day of delay. The contractual penalty is payable on the day following the day of its occurrence. Failure to pay rent and/or other obligations as instructed by the Lessor is considered a material breach of contract. For the avoidance of doubt, the Lessee and the Lessor have agreed that delivery of an invoice means acceptance by the Lessee, whether sent to the Lessee’s e-mail address or sent to the Lessee’s physical address, whichever occurs first.
3. Duration of the lease, handover and return of the Vehicle
The Agreement is concluded for a definite period, starting from the day of its signature. The Agreement can only be extended prior to the expiration of the lease term, based on a written request made by the Lessee in the form of a letter or e-mail. If the Lessor does not confirm the Lessee’s request for an extension of the lease period in writing, the contract is not extended. In the event of an extension of the contract, the Lessee must retain the conditions and scope of insurance coverage LDW, SPCDW, SPTHW, WWI, PAI (see point 5 below) as were agreed-to in the Agreement. If the Agreement is not extended pursuant to the above, the return of the Vehicle by the Lessee later than the time agreed-to in the Agreement is considered a material breach of contract. In such a case, the Lessee is also obliged to pay to the Lessor, in addition to the rent, a contractual penalty in the amount of twice the original rent, including all related obligations, for the period exceeding the agreed-to duration of the lease. The contractual penalty is payable on the day following the day of its occurrence. Unless the contracting parties agree otherwise in writing, the Lessee loses the right to limit his/her liability on the day he/she was supposed to return the Vehicle to the Lessor on the basis of the agreed-to conditions within the scope of LDW, SPCDW, SPTHW and WWI, PAI insurance coverage (see point 5 below). The Lessor is obliged to hand over the Vehicle to the Lessee in good technical condition at the place and time agreed-to on the basis of the Agreement. The Lessee must note all damage (defects, scratches, etc.) and make all other comments relating to the Vehicle when taking over the Vehicle in the form of a record in the Agreement, or respectively, in a handover protocol to the Vehicle, if it is part of the Agreement. The Lessee is responsible, and the Lessor is entitled to claim damages for any damage to the Vehicle that is not expressly specified in the Agreement, or respectively, in the handover protocol. If the Lessee has also received a refueling card from the Lessor, the price for all pumped fuel and / or the price for other goods or services purchased in this way (expenses) may be charged at any time after the Lessor learns of such use of the refueling card. In the event of loss or theft of the refueling card, the Lessee is obliged to notify the Lessor in writing without undue delay. Until the moment of notification and blocking in accordance with to the rules of the card issuer, the Lessee is responsible for all transactions made with this card and at the same time will be obliged to pay the Lessor a fee for ensuring its blockage. The same procedure will be followed if the Lessee does not return the card together with the Vehicle. The Lessee is obliged to return the Vehicle to the Lessor, including all accessories and documents at the time and locations agreed-to in the Agreement. The Lessee is obliged to return the Vehicle, after taking into account usual wear and tear, in the condition in which he/she took it over. The Vehicle, including documents and keys, must be taken over by a worker designated by the Lessor. There is a special regime at the Prague branch of Václav Havel Airport Prague, where during the working hours of the branch, the Vehicle, including documents and keys, must be taken over by an employee designated by the Lessor. A written handover protocol is always provided at the time of takeover during the working hours. Outside the working hours of the branch, the Lessee must park the Vehicle in the parking lot in front of the branch and deposit the keys, including all documents, into the keybox that is located at the end of the building near the “Wash in” car wash (additional information can be found on the door of the branch office) or in the Parking C – Comfort building in a space marked with the Europcar logo. In that case, the keys and all documents must be returned to the common keybox used by all car rental companies.
In the event that the Lessee returns the Vehicle elsewhere, the Lessor will not consider the Vehicle returned with all possible consequences (additional rent being charged, any damage subsequently found on the Vehicle will be charged to the Lessee, etc.). In case of the Vehicle being handed over at a hotel reception, the Lessee is obliged to inform the Lessor in writing in a timely manner. Otherwise, the Lessee is obliged to pay additional rent, as well as all other obligations, until the Lessor learns of the delivery of the Vehicle in question. If there is any loss or other damage to the Vehicle that makes the Vehicle inoperable without professional repair, the Lessee is obliged to immediately notify the Lessor in writing. The Lessee must pay the agreed-to amount of rent until the Lessor is notified of the loss of the Vehicle or its damage in writing. In accordance with the previous sentence, the lease ends on the day when this notice is delivered to the Lessor. Each Vehicle is always be handed over to the Lessee with a full tank of petrol or diesel and the Lessee is also obliged to return the Vehicle in the same condition. In the case of a returned non-refueled Vehicle, the Lessee is obliged to pay the Lessor a fee of 2 EUR not including VAT per liter of fuel.
4. Rights and obligations of the contracting parties
The Lessee is obliged to use the Vehicle only for the purpose for which it is intended, i.e., for the transport of persons in normal road traffic, as well as other customary and typical uses. The Lessee is also obliged to observe regular service inspections specified by the Vehicle manufacturer according to the number of kilometers driven, to maintain the correct amount of lubricants and operating fluids, incl. tire pressure (the Lessee was duly informed of all these facts before signing the Agreement), always report to the Lessor after 1000 kilometers have been driven, comply with all traffic, customs and other applicable legislation of the Czech Republic and the EU and prevent damage from occurring. The Lessee may not allow the rented Vehicle to be used by persons other than those specified in the Agreement without the written consent of the Lessor, and in the event of a breach of this obligation, the Lessee undertakes to pay the Lessor a contractual penalty of EUR 400. The Lessee may not participate in any races, competitions or use the Vehicle for a fee to transport goods or people. The Lessee is obliged to secure the Vehicle against theft, damage, or interference by third parties. In particular, the Lessee must not leave keys and/or documents in the Vehicle when it is parked and is always obliged to properly lock the parked Vehicle. If the Vehicle has a mechanical security system, the Lessee is obliged to always use it. The Lessee may not drive under the influence of alcohol, drugs or medications that reduce the Lessee’s ability to drive a motor Vehicle. The Lessee is obliged to notify the Lessor without undue delay of the occurrence of any defects that occur within the Vehicle during use and that require repair. Failure to comply with this obligation shall establish the Lessee’s liability for damage incurred as a result of the failure to rectify the defect. The Lessee bears the cost of repairs due to improper use of the Vehicle. The Lessee is entitled to use the Vehicle exclusively in the Czech Republic. In the case of travel outside the Czech Republic, the Lessee and all other drivers are required to have a valid international driver’s license, otherwise travel abroad is not allowed (this does not apply if the Lessee and drivers have a valid driver’s license issued by the European Union or Norway, Iceland, Switzerland or Liechtenstein). Driving to Romania, Bulgaria, Turkey, the successor countries of the former USSR and Yugoslavia (with the exception of Slovenia and Croatia) is not allowed. A breach of any of the above obligations is a material breach of contract. The Lessee agrees with the installation of GPS monitoring of the Vehicle, and further agrees that data on the movement of the Vehicle and its location be made available in real time to the Lessor and may be processed by the Lessor during the performance of the contract and during any audits thereto.
5. Liability for damage and insurance
The Lessee undertakes to reimburse the Lessor for the full amount of damage to the Vehicle, in the event of any damage to the Vehicle (this does not affect any restrictions arising from the agreed-to insurance). The Lessor declares that he/she has taken out liability insurance for damage caused by the operation of the Vehicle in accordance with Act No. 168/1999 Coll. The Lessee is fully liable to the Lessor for all damage caused to the Vehicle in the period from the handover of the Vehicle to the Lessee until its return and acceptance by the Lessor. The Lessee’s liability for damage to the Vehicle may be limited in the Agreement if the Lessee accepts the terms of the LDW, SPCDW, SPTHW and WWI insurance (or the cumulation of these insurances) and pays a fee for these coverages. For the purposes of the Agreement, LDW means: limitation of liability, subject to the conditions set out in points 4 and 6, for damage caused to the Vehicle or its parts up to EUR 1,400 excluding VAT (depending on the Vehicle category); theft of the Vehicle or its parts, damage to the Vehicle’s interior, damage to the Vehicle’s tires, and damage to the Vehicle’s discs are not subject to this coverage. For the purposes of the Agreement, the SPCDW means: release from liability under the conditions set out in points 4 and 6 for damage caused by damage to the Vehicle; theft of the Vehicle or its parts, damage to the Vehicle’s interior and damage to the tires, discs, windscreen and / or lights of the Vehicle are not subject to this coverage. For the purposes of the contract, SPTHW means: release from liability, subject to the conditions set out in points 4 and 6, for damage caused by theft of the Vehicle. For the purposes of the contract, WWI means: release from liability, subject to the conditions set out in points 4 and 6, for damage caused to the Vehicle’s windscreen, the Vehicle’s lights, tires and discs. However, regardless of the coverage of LDW, SPCDW, SPTHW and WWI, the Lessee’s liability cannot be limited in the event of damage, accident, or theft of the Vehicle as a result of a breach of contract, Vehicle maintenance conditions or generally binding legal regulations, regardless of fault. It is explicitly stated that a damaged / burned clutch, damage to the Vehicle’s exterior due to improper cleaning (especially scratched Vehicle paint when removing snow / ice), damage to the Vehicle’s interior, damage to the navigation panel when attaching / removing a GPS device and refueling with poor / improper fuel are not subject to any insurance coverage and the Lessee is obliged to compensate the Lessor for such damage in full. In the event of damage to the Vehicle as a part of two or more damage events, these damages are to be assessed separately from the point of view of the Lessee’s liability. If the Lessee accepts personal insurance (PAI) under the Agreement, the Lessor shall provide accident insurance to the Lessee and to all persons traveling in the Vehicle for a fee and to the extent of the conditions set by the relevant insurance company. Fines for traffic offenses caused by the Vehicle during the term of the Agreement and damage that occurs due to a loss of documents, keys or tools belonging to the Vehicle are always paid by the Lessee. If an administrative body imposes a fine on the Lessor for any violation of the rules of road traffic caused by the Vehicle during the Agreement, the Lessee has the obligation to reimburse the costs of such administrative proceedings or other related fees and is obliged to pay the Lessor a contractual penalty in the amount of the sum of the fine, the costs of the administrative proceedings or other fees imposed by the administrative authority plus EUR 30 excluding VAT. The contractual penalty is due on the day following the day of its occurrence. The Lessor is entitled to charge the Lessee a fee of EUR 30 excluding VAT in the event that the Lessor is asked by an administrative authority to communicate the identity of the driver suspected of committing a traffic offense or other illegal act with the Vehicle. For the loss of documents or car keys, the Lessee is obliged to pay the Lessor a contractual penalty of EUR 400 for each item. For the loss of one state license plate of the Vehicle, the Lessee is obliged to pay the Lessor a contractual penalty in the amount of EUR 200. For filling the tank with the wrong type of fuel, the Lessee is obliged to pay the Lessor a contractual penalty of EUR 400 as compensation in excess of the agreed-to contractual penalty and the amount for refueling the tank (see point 3 last sentence) according to the Vehicle type. In the event that the Vehicle is returned dirty or smoky, the Lessee is obliged to pay the Lessor a contractual penalty of 175 EUR. For each damage event (i.e. especially all events listed above, including, for example, a loss of keys) that occurs with respect to the Vehicle, the Lessor is entitled to charge a one-time fee of 40 EUR without VAT (this fee is used to cover the Lessor’s costs, which is mainly to transport the Vehicle , processing the necessary documentation for Vehicle repair, reporting damage to the insurance company, posting penalties and related internal administration).
6. Procedure in the event of a loss event
In the event of an accident, theft, damage or damage to only a part of the Vehicle and in the event of an accident or death or damage to the property of a third party, the Lessee is always obliged to call the police, regardless of the amount damage incurred. If he/she fails to do so, he/she is liable for the damage in full. The Lessee is obliged to fill in a record of a traffic accident; this form is part of the Vehicle documentation. The Lessee is obliged to immediately hand over confirmation of his/her involvement in an accident or the occurrence of other damage to other parties, as well as protocols on the theft of the Vehicle, protocols on any police investigation and all other related documents to the Lessor, but no later than within 24 hours of the damage being incurred / the occurrence of the accident/event. In the event of a breach of the obligation stated in the previous sentence, the Lessee is obliged to pay the Lessor a contractual penalty of EUR 100. In the event of damage due to theft of the Vehicle, the Lessee is obliged to immediately notify the Lessor in writing and submit to the Lessor confirmation from the police that the Lessee has notified them of the theft of the Vehicle, as well as documents and Vehicle keys. If he/she fails to do so, he/she is fully liable to the Lessor for all damage incurred. The Lessee is obliged to provide the police, the Lessor and Lessor’s insurance company with all cooperation in the investigation of an accident and in the liquidation of a loss event, including in any court proceedings. A breach of any of the above obligations of the Lessee is a material breach of contract.
7. Termination of the lease
The lease relationship expires at the end of the period for which it was agreed. The Lessor is entitled to terminate the contract with immediate effect if the Lessee uses the Vehicle in violation of the contract or in any way that causes the Lessor damage or a threat of significant damage, and in cases where the Lessee does not pay invoiced payments or violates his/her obligations under the Agreement in a substantial manner. The Lessee is entitled to terminate this contract with immediate effect in the event that the Lessor breaches its obligations under the Agreement in a material way.
8. Other contractual arrangements