BUSINESS TERMS OF THE RENTAL CONTRACT
1. Subject of the contract
BOND Mobility Czech s.r.o., ID Number: 28198921, registered office in Prague, Elišky Krásnohorské 134/9 (hereinafter the “lessor”) hands over to the lessee designated in the rental contract (hereinafter the “contract”) the means of transport (hereinafter the “vehicle”) designated in the contract for temporary use, and the lessee undertakes to pay the rent set out in the contract for this use. These business terms of the rental contract (hereinafter the “Terms”) issued by the lessor according to Section 1751 of Act No. 89/2012, Civil Code, as an integral part of the rental contract printed on the front side.
2. Rent and other payments
The lessee undertakes to pay the rent and all other fees related to use of the vehicle, including compensation of damages, duly and punctually. The lessor will issue a payment receipt for each payment. The prices of services are listed in EUR or CZK. EUR are converted to CZK using the lessor’s monthly fixed rate as at the issue date of the rental agreement. The monthly fixed rate is always shown at the lessor’s branches. If rental is agreed for a term of more than 1 month, the lessee pays the agreed rent on a regular basis, generally by the 20th day of the month for the previous calendar month. The deposit which the lessee is obliged to pay to the lessor when signing the contract will be billed after returning the vehicle. Payment of the deposit does not affect the lessee’s obligation to pay rent. The value of the deposit will be determined by the lessor, who is authorised to decide on its increase in the duration of the contract. The lessor is authorised to offset its receivables towards the lessee arising from the contract and other contracts concluded between the lessee and lessor against the paid deposit. The lessee expressly consents to the billing of lease payments and contractual penalties, as well as other charges related to the contract, including those that result from the lessor’s pricelist, and compensation for damage, debited to the credit/payment card stated in the contract, without prior warning.If the lessee delays in the payment of rent or fees related to rent, they are obliged to pay the lessor a contractual penalty of 0.05% of the owed amount for every day of delay, in addition to the owed amount. The contractual penalty is due on the day after its accrual. Failure to pay rent or other fees according to the lessor’s instructions is considered a severe violation of the contract. To eliminate doubts, the lessee and lessor have agreed that delivery of the payment document means its acceptance by the lessee, sending to the lessee’s e-mail address or sending to the lessee’s address, whichever occurs first.
3. Duration of rental, handover and return of the vehicle
The contract is concluded for a definite term starting from the date of its signing. The contract can be extended only before expiry of the term of lease, based on a written request from the lessee effectuated via letter or e-mail. If the lessor does not confirm in writing the lessee’s request to extend the term of lease, the contract will not be extended. In the event of extension of the contract, the conditions and scope of coverage under LDW, SPCDW, SPTHW, WWI insurance (see point 5 below) will remain intact, if agreed in the contract. If the contract is not extended as stated above, returning of the vehicle by the lessee at a later date than that agreed in the contract is considered a severe violation of the contract. In this case, the lessee is also obliged to pay the lessor a contractual penalty for the period exceeded the agreed term of rent equal to double the original agreed rent including all related fees, in addition to the rent. The contractual penalty is due on the day after its accrual. Unless the contracting parties agree otherwise in writing, the lessee loses the claim to limitation of their liability based on the agreed conditions of LDW, SPCDW, SPTHW and WWI insurance (see point 5 below) on the day when they were supposed to return the vehicle to the lessor under the contract. The lessor is obliged to hand the vehicle over to the lessor in good technical condition and at the place and time agreed in the contract. All damage (defects, scratches, etc.) or other comments pertaining to the vehicle must be applied by the lessee before taking over the vehicle in the form of a note in the contract, respectively in the vehicle handover protocol, if included in the contract. The lessee is liable for any damage to the vehicle that is not listed in the contract or handover protocol, and the lessor is authorised to demand compensation of damages for all damage to the vehicle. If the lessee also received a fuel card from the lessor, the price of all purchased fuel and/or price for other goods and services (expenses) purchased in this manner will be billed at any time after the lessor learns of such use of the fuel card. In the event of loss or theft of the fuel card, the lessee is obliged to inform the lessor of this fact in writing. Until reporting and blocking according to the card issuer’s rules, the lessee is liable for all transactions made with the card and is also obliged to pay the lessor a fee to arrange its blocking. The same procedure will apply if the lessee does not return the card with the vehicle. The lessee is obliged to return the vehicle to the lessor including all accessories and documents at the place and time agreed in the contract. The lessee is obliged to return the vehicle in the condition in which they received it, with regard to usual wear and tear. The vehicle including all documents and keys must be taken over by the lessor’s designated employee. A special system applies at the Prague Václav Havel Airport branch, where vehicles are taken over by the designated ČSL employee at the CHECK-IN point for car rental companies in Parking lot C. A handover protocol on acceptance of the vehicle is always drafted. If the vehicle does not pass through this point and the handover protocol is not signed by the designated ČSL employee, the lessor will not consider the vehicle returned, with all the potential consequences (the rent will continue to be billed, all subsequent damages found on the vehicle will be billed to the lessee, etc.). In the event of handover of the vehicle at hotel reception, the lessee is obliged punctually to inform the lessor of this in writing. In the opposite case, the lessee is obliged to pay the rent and all other fees until such a time when the lessor learns of the handover of the relevant vehicle. If the vehicle is lost or damaged, the lessee is obliged to pay the agreed rent until the loss or damage of the vehicle is reported to the lessor or the lessor learns of this fact by other means. The vehicle is always handed over to the lessee with a full tank and the lessee must also return it full. If the vehicle does not have a full tank, the lessee is obliged to pay the lessor a fee of EUR 2,- excl. VAT per one litre 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 designated, otherwise in the usual manner. The lessee is obliged to maintain regular service inspections stipulated by the vehicle manufacturer according to the mileage, to maintain the correct quantity of lubricants and operating fluids, including tyre pressure (the lessee was duly informed of all these facts before signing the contract). After driving 1000 kilometres they are obliged to report this fact to the lessor. They must obey all traffic, customs and other valid legal regulations of the Czech Republic and EU and prevent damages. Without prior written consent from the lessor, the lessee must not allow any persons other than those listed in the contract to use the vehicle, whereas in the case of violating this obligation the lessee undertakes to pay the lessor a contractual penalty of EUR 400. The lessee must not use the relevant vehicle to participate in races, competitions or use the vehicle to transport goods or passengers for payment. The lessee is obliged to secure the vehicle against theft, damage and third-party tampering. In particular, the lessee must not leave the keys and documents in the parked vehicle, and is obliged always to lock the vehicle properly. If the vehicle has a mechanical security system, the lessee is always obliged to use it. The lessee must not drive under the influence of alcohol, narcotic substances or medication that reduces the ability to operate a motor vehicle. The lessee is obliged to inform the lessor without undue delay of any defects that occur in the vehicle during use and require repair. Failure to fulfil this obligation establishes the lessee’s liability for damages resulting from failure to remove the defect. The lessee bears costs for repair resulting from incorrect use of the vehicle. The lessee is not authorised to use the car radio installed in the vehicle to listen to radio station; the lessee is authorised to use it only to listen to audio recordings from their own data carrier. Driving the vehicle to Romania, Bulgaria, Turkey, countries of the former USSR and Yugoslavia (with the exception of Slovenia and Croatia) is not permitted. When travelling to Croatia, the lessee is obliged to inform the lessor of this fact. The violation of any of the foregoing obligations constitutes a severe violation of this contract.
5. Liability for damages and insurance
The lessor declares that it has concluded third-party motor vehicle liability insurance according to Act No. 168/1999 Coll. The lessee is liable to the lessor in full scope for damage caused to the vehicle from the moment of handover of the vehicle to the lessee until its takeover by the lessor. The lessee’s liability for damages to the vehicle may be contractually limited if the lessee by contract accepts the conditions of LDW, SPCDW, SPTHW and WWI insurance (or an accumulation thereof) and pays the fee for this financial coverage. LDW is understood as follows for the purposes of the Contract: limitation of liability when adhering to the terms and conditions laid down in points 4 and 6 for loss caused by damage to the vehicle, or a part thereof, to the sum of EUR 1200 (according to the category of vehicle); the theft of the vehicle, or a part thereof, damage to the interior of the vehicle, damage to the tyres of the vehicle, damage to the discs of the vehicle are not covered. SPCDW is understood as follows for the purposes of the Contract: exemption from liability when adhering to the terms and conditions laid down in points 4 and 6 for loss caused by damage to the vehicle; the theft of the vehicle, or a part thereof, damage to the interior of the vehicle and damage to the tyres of the vehicle are not covered. SPTHW is understood as follows for the purposes of the Contract: full exemption from liability while observing the conditions stipulated in points 4 and 6 for loss caused by theft of the vehicle. WWI is understood as follows for the purposes of the Contract: exemption from liability when adhering to the terms and conditions laid down in points 4 and 6 for loss caused by damage to the windscreen of the vehicle, the lamps of the vehicle and the tyres of the vehicle (save the discs). The liability of the Lessee may not be limited on account of financial coverage LDW, SPCDW, SPTHW and WWI in the case that damage, a road traffic accident or the theft of the vehicle occurs in consequence of breach of the obligations laid down in the Contract, the conditions of vehicle maintenance or generally binding legal regulations, independent of the culpability of the Lessee. It is expressly stated that in particular a damaged/burnt clutch, damage to the exterior of the vehicle in consequence of improper cleaning (in particular scratched paintwork of the vehicle when clearing off snow/ice), damage to the interior of the vehicle, damage to the navigation panel when attaching/removing GPS apparatus and filling the tank with the wrong fuel are not covered by any insurance and the Lessee is obliged to pay compensation for damage in full. In the event of damage to the vehicle within two or more damage incidents, such damage will be assessed separately in terms of the lessee’s liability. If the lessee accepts a personal insurance under a contract (PAI and SPAI), the lessor will provide accident insurance to the lessee and all persons travelling in the vehicle, for payment and in the scope of the conditions stipulated by the respective insurance company. Fines for traffic violations committed with the vehicle during the term of the contract and damages incurred from the loss of documents, keys or tools belonging to the vehicle’s equipment are always paid by the lessee. If an administrative body imposes a fine on the lessor for a breach of road traffic rules caused by the vehicle during the contractual term and the duty to pay the costs of administrative proceedings or other related charges, the lessee is obligated to pay the lessor a contractual penalty, in the amount of the fine, compensation for the costs of administrative proceedings or other charges imposed by the administrative body. The contractual penalty is due on the day after its accrual. The lessor is authorised to bill the lessee a fee of EUR 30 excl. VAT if the lessor is requested by the administrative authority to disclose the identity of the driver suspected of committed a traffic violation or other illegal conduct with the vehicle. When losing the documents or keys to the vehicle, the Lessee is obliged to pay the Lessor a contractual penalty of EUR 300 for each item. The Lessee is obliged to pay the Lessor a contractual penalty of EUR 200 for the loss of one licence plate of the vehicle. The Lessee is obliged to pay the Lessor a contractual penalty of EUR 400 for filling the tank with the wrong type of fuel, compensation for damage in excess of the arranged contractual penalty and the amount required to fill the tank (see point 3 of the last sentence) according to the type of vehicle. Where the vehicle is returned dirty or smoky, the Lessee is obliged to pay the Lessor a contractual penalty of EUR 100. A one-off fee of EUR 40 excl. VAT is charged for each loss event to the vehicle (in particular all incidents specified above, including loss of keys)(this fee serves to cover the lessor’s costs, in particular towing of the vehicle to the workshop, handling the necessary documentation for repair of the vehicle, reporting damage to the insurer, billing penalties and related internal administration).
6. Procedure in the case of damage
In the event of a traffic accident, theft, damage or partial damage to the vehicle and in the event of a traffic accident resulting in the death or injury of persons, the lessee is always obliged to call the police regardless of the value of damages. If they fail to do so, they are liable for the incurred damage in full scope. The lessee is obliged to complete a traffic accident report; this form is part of the vehicle documentation. Confirmation of participation in the accident or the incurring of damage by other parties must be submitted by the lessee to the lessor immediately, at latest within 24 hours from the occurrence of damages. When breaching the obligation specified in the preceding sentence, the Lessee is obliged to pay the Lessor a contractual penalty of EUR 100. In the event of damage by theft of the vehicle, the lessee is obliged to deliver the vehicle documents and keys to the lessor immediately. If they fail to do so, they are liable to the lessor in full for incurred damages. The lessee is obliged to provide the police, the lessor and its insurer with full cooperation in investigating the accident and adjusting the claim, and within potential court proceedings. The violation of any of the foregoing obligations by the lessee is a severe violation of the contract.
7. Termination of rental
The rental expires upon the passing of the term for which it was agreed. The lessor is authorised to terminate the contract with immediate effect if the lessee uses the vehicle in a manner contrary to the contract, or in a manner that causes the lessor damages or the risk of substantial damages, and also if the lessee does not pay the invoiced payments or violates the obligations according to the contract in a severe manner. The lessee is authorised to terminate this contract with immediate effect if the lessor violates the obligations according to the contract in a severe manner.
8. Miscellaneous contractual provisions
The contract is drafted in two counterparts, of which each contracting party receives one. The contract comes into validity and effect on the date of its signing by both contracting partiers. The lessee consents that the data from the contract, including his personal data, will be processed and stored in the lessor’s database. All information, including the extent and method of personal data processing, is stated in the Principles of Privacy Protection document, which is an integral part of these Terms and Conditions and the contract. The current Principles of Privacy Protection are available at www.europcar.cz and at all the lessor’s outlets. The lessor hereby informs the lessee (consumer) in accordance with Act No. 634/1992 Coll., on consumer protection, as amended, and Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, that in the event a consumer dispute arises under the contract and/or these Terms and Conditions that is not resolved by friendly agreement, the lessor (consumer) can submit an application for the out-of-court resolution of such dispute to the designated entity for out-of-court resolution of consumer disputes, which is the Czech Trade Inspection Authority, Central Inspectorate—ADR Department, Štěpánská 15, 120 00 Prague 2, Czech Republic (www.coi.cz). The Czech Trade Inspection Authority also accepts complaints about the activities of entities doing business in retail and services and performs supervision of their activities in this regard. The lessor is authorised to propose a change of the Terms. The lessor familiarises the lessee with the proposed change of the Terms at the lessor’s operation premises and at www.europcar.cz at least 1 month before the date when the change should come into effect. If the lessee did not refuse the proposed change, it applies that they accepted the proposed change. If the lessee refuses the proposed change before the effective date of the change, they have the right to terminate the contract affected by the proposed change with immediate effect. The contract is governed by the relevant legal regulations of the Czech Republic, in particular by Act No. 89/2012 Coll., Civil Code. In the event of court disputes, the parties have agreed on the local and substantive jurisdiction of the courts in the Czech Republic. The contract is drafted in the Czech and English language and potential disputes will be resolved according to the Czech version.