General terms and conditions
TO THE VEHICLE RENTAL AGREEMENT
effective as of April 1, 2024
1. General provisions
1.1 These General Terms and Conditions (hereinafter also referred to as “T&C”) represent an inseparable annex to the contract for renting a means of transport, which is concluded by each Tenant in the event of interest in renting a Vehicle offered by the Lessor via the website www.autopepe.sk (hereinafter also referred to as “Web”). , which is operated by the Lessor. The lessee declares and confirms in its entirety that he has read these GTC, understood their content and, as a sign of agreement with their content, especially the rights and obligations of the Contracting Parties, confirmed the acceptance of the GTC by actively clicking on the relevant subpage of the Web.
1.2 For the purposes of these GTC, AUTO PEPE, s.r.o. Drevárska 278/14 , 052 01 Spišská Nová Ves is considered to be the lessor company ID: 53080157 VAT number: 2121257380 IČDPH: SK2121257380 Company registered in the Commercial Register of the District Court of Košice I, section: Sro, insert no. 4 8998/ IN
1.3 For the purposes of these GTC, any legal entity, natural person – entrepreneur, natural person – non-entrepreneur who rents a Vehicle offered by the Lessor through the Web is considered a Lessee. The Lessee acknowledges that if he rents the Vehicle from the Lessor as an entrepreneur, he is not subject to the regulation of the protection of rights and obligations, which applies if the Lessee is a consumer. Every Lessee who rents a Vehicle from the Lessor in such a way that it is indicated in the order placed via the Web with its business name/name, registered office/place of business, ID number, VAT number, or VAT. Unless otherwise expressly stated in these GTC, when using the term “Lessee”, both the Lessee-consumer and the Lessee-entrepreneur are always meant.
1.4 The supervisory body is the Slovak Trade Inspection (SOI), the SOI Inspectorate for
Košice region with registered office: Vrátna 3, PO BOX A-35, 040 65 Košice 1, tel. no. 055/729 07 05, 055/622 76 55, email: ke@soi.sk http://www.soi.sk
http://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi
2. Definitions of some basic terms
“Commercial Code” is Act NRSR no. 513/1991 Coll. Commercial Code, as amended, “Civil Code” is NRSR Act No. 40/1964 Coll. Civil Code, as amended,
“ZOCHS” is Act NRSR no. 250/2007 Coll. on consumer protection as amended; “Contract” is a vehicle rental contract based on which the Lessee rents a Vehicle from the Lessor via the Website for a fee, “Contract party” is each contractual party to the Contract separately, i.e. Tenant and Landlord; “Parties” is the collective designation of the Lessee and the Lessor as Parties in connection with the Agreement; “Vehicle” is a specific motor vehicle specified in the Confirmation email that the Lessee has rented through the Website from the Lessor, “Tax document” is a tax document issued by the Lessor for the purpose of paying the Rent for the Vehicle Rental, or for the purpose of paying other payments that the Lessor will have to pay on the basis of the Agreement and its annexes, the “Interest” is a potential Lessee who expresses interest in renting a vehicle offered by the Lessor via the Web, regardless of whether the Agreement will actually be concluded, “Complaint” is the exercise of the Lessee’s right from liability for defects in the Lessor’s performance provided on the basis of the Agreement. The conditions for making a Complaint are regulated by the Complaints Procedure, “Price list” means the price list of the Lessor’s services, fees and actions containing a specification of the Lessor’s chargeable services (also potential) related to the use of the Vehicle, “Rent” means the remuneration paid by the Lessee for the use of the Lessor’s Vehicle under the conditions specified in the Agreement and its annexes, “Rental” means the temporary provision of the Vehicle by the Lessor to the Lessee under the conditions specified in the Agreement and its annexes, “Damage” means damage and/or loss and/or theft and/or destruction of the Vehicle, including damage to the health and/or property of the Lessor/third parties persons.
3. Declaration of the Lessor
1. The lessor hereby declares and confirms that:
2. is the owner of the Vehicle specified in more detail in the Contract,
3. As of the date of signing the Contract and during its agreed duration, the vehicle is properly registered in the relevant motor vehicle registry maintained in accordance with applicable legislation,
4. in relation to the Vehicle, properly and on time concluded the corresponding insurance contract for compulsory contractual insurance and accident insurance valid for the territory of the Slovak Republic and other countries of the European Union (hereinafter referred to as “EU”),
5. duly and on time paid and will pay the due road tax for the Vehicle,
6. The vehicle meets all legal and technical requirements to be allowed
use, by the Tenant based on the Agreement,
1. The vehicle has passed and has a valid emission and technical inspection,
2. The vehicle has a valid highway license plate for the territory of the Slovak Republic.
4. Rights and obligations of the Lessor
1. The contracting parties have expressly agreed that the Lessor is entitled at any time during the duration of the Contract to verify the proper technical condition of the Vehicle and compliance with all other obligations of the Lessee arising from the content of the Contract or its annexes. For this purpose, the Lessee undertakes to provide proper and timely cooperation to the Lessor.
2. If during the use of the Vehicle on the basis of the Contract, a defect occurs on the Vehicle, as a result of which the Vehicle is immovable, or unfit for operation on public roads, except in the case of an insurance claim or other fact caused by the Lessee, the Lessor undertakes to provide the Lessee with a replacement vehicle of a comparable category of vehicles without delay, no later than within 3 working days for the removal of the defect in question on the Vehicle. In the event that during the use of the Vehicle based on the Agreement, a defect occurs on the Vehicle that does not prevent the use of the Vehicle, the Lessee undertakes to continue using the Vehicle in accordance with the agreed conditions in the Agreement and its annexes. In the event of doubt as to whether or not it is a defect that prevents or does not prevent the use of the Vehicle in the sense of this point of the General Terms and Conditions, the Lessor’s decision is final and the Lessor is obliged to inform the Lessee of this conclusion without delay. In case of removal of defects on the Tenant’s Vehicle, the Rent does not apply (calculation will be made proportionally according to the number of hours of the removal of defects). In the case of providing a replacement vehicle to the Lessee, the Lessee is obliged to pay the Lessor rent for the replacement vehicle, but at most in the amount of the agreed Rent in accordance with the Agreement.
3. In the event of an insurance event, the Lessor ensures its liquidation, while the Lessee undertakes to provide proper and timely cooperation for the purpose of successful liquidation of the insurance event. This provision does not affect any other claims of the Landlord against the Tenant.
5. Rights and obligations of the Lessee
1. The Lessee acknowledges that he is entitled to use the Vehicle exclusively for the period specified in the Contract, only in accordance with legal regulations, the Contract and its annexes, the instructions for use and operation of the Vehicle, or other verifiable instructions of the Lessor. In the event that the Lessee is a natural person and the right to use the Vehicle based on the Agreement is also to be held by another person, such fact must be stated in the Agreement. In the event that the Lessee is a legal entity, the authorization to use the Vehicle based on the Contract is held by its statutory body, or a member of the statutory body, while his name and surname must be stated in the Contract. In the event that another person is to have the right to use the Vehicle on the basis of the Agreement, such fact must be stated in the Agreement, including the required identification of this person. In the event that the Lessee specifies another person authorized to drive the Vehicle, he declares that he has consent to provide his personal data in the scope of title, first and last name, place of residence, date of birth and driver’s license number to the Lessor for the purpose of concluding the Agreement.
2. The lessee is obliged to regularly check the condition and amount of operational fillings (e.g. fuel, water for the washer). The Tenant is entitled to refill the operating contents only after agreement with the Lessor according to the manufacturer’s instructions. The Lessee is obliged to pay for washer refills and fuel during the Rental, as well as compensation for minor damages incurred during the Rental that are not a manufacturing defect on the Vehicle. The lessee is obliged to use exclusively the type of fuel specified in the Agreement and purchased only through a network of internationally recognized gas stations. At the request of the Lessor, the Lessee is obliged to submit an accounting document on the purchase of fuel for the Vehicle from a gas station. In the event that the Lessee refuels with the wrong fuel, the Lessee is responsible for the damage caused and bears the costs of its removal.
3. The Lessee acknowledges that he is obliged to bring the Vehicle to a service check according to the signals on the on-board computer in the Vehicle. In case of violation of this obligation, the Lessor is entitled to demand the payment of a contractual fine in the amount of €300. The contractual penalty is payable on the basis of the Tax document issued by the Lessor. Exercising the right to pay a contractual fine does not affect any claim to compensation for damage in its entirety.
4. During the entire duration of the Agreement, the Lessee is obliged to ensure proper and timely fulfillment of all obligations resulting from the Agreement and its appendices as well as demonstrable instructions from the Lessor. The Lessee is not entitled to provide the Vehicle as a deposit or guarantee, to encumber the Vehicle in any way and is obliged to prevent the emergence of any rights of third parties to the Vehicle. Likewise, the Lessee is not entitled to alienate or leave the Vehicle for use by any third parties. The Lessee is entitled to leave the Vehicle for use exclusively by the persons specified in the Agreement, in which case the Lessee is responsible for the Damage as if he were using the Vehicle himself.
5. The Lessee acknowledges that he is fully responsible for any Damage and other damage (property and non-property) caused to the Lessor and/or third parties, which arises as a result of the use of the Vehicle. For the avoidance of doubt, the Contracting Parties declare that the Lessee is considered to be the operator of the Vehicle during the duration of the Lease. The Lessee declares that he is aware that he is obliged to treat the Vehicle in such a way that on it, or no damage occurred in connection with it. At the same time, he is obliged to inform the Lessor without delay and demonstrably about the Damages as well as about all defects on the Vehicle (including imminent ones).
6. The Lessee undertakes to check its technical condition, especially the condition of the engine oil, coolant, brake fluid, including the condition of the tires, both when taking over the Vehicle from the Lessor and before each use of the Vehicle. As soon as he discovers the defects of the Vehicle, he is obliged to inform the Lessor without delay and in a demonstrable way. The Lessee acknowledges that the Lessor is obliged to ensure the removal of defects within a period and in a manner depending on the nature of the specific defect.
7. The Lessee acknowledges that under no circumstances is he authorized to carry out any, primarily technical, interventions on/into the Vehicle without a demonstrable instruction from the Lessor, otherwise the Lessor is entitled to request the removal of these modifications/interventions and the return of the Vehicle to its original condition. This procedure does not affect the Lessor’s claim to compensation for Damage and all costs associated with unauthorized intervention by the Lessee and removal of the resulting consequences. If it would not be possible to remove the additional modifications/interventions carried out by the Lessee without devaluing the Vehicle, the ownership right to the additional modification of the Vehicle passes to the Lessor and the Lessee is not entitled to any compensation for the costs incurred by him. This does not affect the claim for compensation for any damage that may have occurred. The Lessee also bears full responsibility for Damage or other damage (property and non-property) caused by any unauthorized use of the Vehicle by third parties in violation of the Agreement and its annexes.
8. The lessee bears all costs (fines) or other sanctions imposed by authorities authorized to do so, e.g. in the case of a traffic offence, or in connection with the operation of the Vehicle or its unsatisfactory technical condition. This also applies if the fine is, or will be imposed by the competent authorities on the Lessor as the owner of the vehicle for violating the obligations of the owner of the vehicle in accordance with § 6a of Act NRSR no. 8/2009 Coll. on road traffic as amended.
9. The lessee is also obliged to:
1. always proceed in such a way that there is no damage to the Vehicle, or there was no danger of harm,
2. comply with the permitted carrying capacity of the Vehicle,
3. observe the ban on using the Vehicle to transport third parties and/or property for business purposes,
4. observe the ban on using the Vehicle to transport goods in violation of customs regulations or in any other illegal way,
5. observe the ban on using the Vehicle to transport third parties and/or property for remuneration (direct or indirect),
1. observe the ban on using the Vehicle to tow and/or drive any other vehicle and/or trailer,
2. observe the ban on using the Vehicle to transport any flammable, radioactive, poisonous or other dangerous substances,
3. observe the maximum daily mileage limit stated in the Contract, in the case of a long-term Lease, the maximum monthly mileage limit stated in the Contract. In case of doubt, the arithmetic average of the number of kilometers driven for the considered period is used to accurately determine the number of kilometers driven,
4. Use the vehicle exclusively for driving in normal road traffic and only on highways, expressways and roads I – III. classes,
5. respect the ban on using the Vehicle other than in normal road traffic (e.g. car competitions, sports events),
6. observe the ban on smoking in the Vehicle (including so-called electronic cigarettes),
7. to use the Vehicle exclusively on the territory of the Slovak Republic and the territory of EU member states, but in the case of using the Vehicle outside the territory of the Slovak Republic, the Lessee undertakes to inform the Lessor of this fact at least 24 hours in advance,
8. when parking, secure the Vehicle with all security devices with which the Vehicle is equipped. The Lessee acknowledges that the vehicle registration certificate is not authorized to be left in the Vehicle when leaving the Vehicle,
9. immediately and verifiably inform the Lessor of the loss or theft of any document necessary for the use of the Vehicle, keys to the Vehicle and/or keys to the mechanical security device, remote control, license plate, or other Vehicle accessories. At the same time, the Lessee acknowledges that the costs associated with the replacement of lost or stolen objects are borne by the Lessee in their entirety,
10. refrain from any interference with the electronic, technical or mechanical settings of the Vehicle, with the exception of the usual optional settings of the Vehicle, as well as change data or interfere with the mileage indicator in any way,
11. regardless of the previously mentioned facts, without undue delay, provably notify the Lessor if a defect occurs on the Vehicle or service intervention is necessary, otherwise the Lessee is responsible for the Damage caused in connection with the violation of this obligation,
12. to thoroughly, properly and timely comply with all the Lessor’s instructions regarding the maintenance and repairs of the Vehicle and its equipment,
13. comply with the Vehicle maintenance plan prescribed by the manufacturer (if it was submitted by the Lessor to the Lessee as an annex to the Agreement),
14. promptly and demonstrably notify the Lessor of each insurance event, as well as notify the expected extent of possible Damage and follow the Lessor’s instructions, otherwise the Lessee is responsible for Damage or other damage (property and non-property) caused by the violation of this obligation. At the same time, the Tenant is obliged to inform the Lessor immediately and verifiably about the circumstances of the occurrence of the insurance claim and undertakes to provide the Lessor with proper and timely cooperation in the liquidation of the insurance claim according to any requirements of the Lessor. If an insurance event occurs, the Tenant is obliged to immediately notify the insurance event to the relevant police department and to immediately prove and hand over the insurance event notification document to the relevant police department to the Lessor, otherwise he is responsible for Damage and other damage caused by the violation of this obligation. 9. If the Vehicle becomes unmovable for any reason, the Lessee undertakes to promptly and demonstrably notify the Lessor of this fact and at the same time undertakes to act in accordance with its Lessee is obliged to perform all actions for the purpose of securing the Vehicle against its further damage, loss, theft or destruction. 10. The Lessee undertakes to transport only the permitted number of persons in the Vehicle and not to use it to transport oversized and/or polluted and/or dangerous cargo. It is forbidden to transport any animals in the Vehicle. 11. The lessee-consumer acknowledges that in accordance with the provisions of § 7 par. 6 of the NRSR Act no. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the seller’s premises and on the amendment of certain laws does not have the right to withdraw from the Contract.
6. Conclusion and formation of the Agreement
1. The minimum age determined by the Lessor to conclude the Agreement and to drive the Vehicle is 21 years. Tenant, or the person who will drive the vehicle must hold a corresponding driving license and must not be banned from driving the Vehicle in any of the EU countries.
2. The interested party can choose the Vehicle from the offer of the Lessor’s vehicles, which is listed on the Web. If the Interested Party has selected a vehicle from the Website, by placing the order and sending it, he confirms that he has checked all the technical parameters of the vehicle, the conditions for concluding the Agreement and the current wording of its annexes, especially the General Terms and Conditions, the Price List and the Terms of Personal Data Processing.
3. The vehicle selected by the interested party on the Web will subsequently be specified as part of the remote contract, while the interested party has the right to end the process of concluding the contract at any time, cancel or replace the selected vehicle. At the same time, the Interested Party is always provided with information about the Rent, the amount of the Deposit, the price of other Lessor services ordered by the Interested Party, as well as the current amount of the Interested Party’s total remuneration, which the Interested Party will be obliged to pay to the Lessor in the event of concluding the Agreement.
4. The Lessor processes the personal data provided by the Interested Party in accordance with the applicable legislation, while the details of the processing of personal data can be found on the Web.
5. All electronic orders received by the Lessor are considered a proposal to conclude a vehicle rental contract and are considered binding. After sending the order, the Interested Party will be sent an informational email to the email address chosen by the Interested Party (hereinafter referred to as “Informational Email”). By sending the Information Email, the Lessor confirms the inclusion of the order for processing. The interested party acknowledges that the mere sending of the Informational email does not mean the creation of a Contract nor does it confirm the order as such, the Informational email only confirms the start of the processing of the Interested party’s order. All other information regarding the given order will be sent to the same email address.
6. After receiving the order, the lessor will check the availability of the vehicle and the indicated amount of the Rent for the ordered vehicle, the amount of the Deposit, or the payment for other services specified by the Interested Party in the order.
7. In the event that the Lessor does not have the vehicle in which the Interested Party has shown interest, it will immediately notify the Interested Party by email to the email address from which the order was sent. By sending an e-mail in accordance with this point, the order is considered canceled, or for the Lessor’s rejection of a proposal to conclude a vehicle rental agreement. However, the Lessor is entitled to inform the Interested Party in the e-mail sent in this way about other vehicles available to the Interested Party and the possibility of making a new order for another vehicle offered by the Lessor via the Web.
8. If the Lessor has the ordered vehicle and the amount of the Rent, Deposit and payment for any additional services is correct, he will confirm the order to the Interested Party by sending an email confirming the specific order of the Interested Party (hereinafter referred to as the “Confirmation Email”). Before sending the Confirmation email, the Lessor reserves the right to contact the Interested Party via video call on the phone number provided by the Interested Party in order to verify the correctness of the personal data provided by the Interested Party. The interested party undertakes to submit to the Lessor, upon request, an identity document and a driver’s license for viewing via video call (in order to confirm the correctness of the personal data provided).
9. The Confirmation email will include a confirmation of the total price for the Rental, consisting of the amount of the Rent and compensation for any other services and/or actions ordered by the Interested Party (hereinafter referred to as “Compensation”). The current prices for the Lessor’s services and actions are listed in the Price List, which forms an annex to the Agreement.
10. By sending the Confirmation email, the contractual relationship (Contract) is considered concluded. The contract is concluded by the lessor’s binding acceptance of the proposal for concluding a vehicle rental contract by the interested party. By concluding the Agreement, the Interested Party becomes a Tenant. Binding acceptance of the order of the Interested Party by the Lessor is its email confirmation by the Lessor sent to the email specified by the Interested Party. The confirmation email mainly contains the following data:
1. designation of the Tenant, if it is a Tenant-consumer, with his title, first name, last name, residence, date of birth, driver’s license number, email and telephone number; if it will be a Tenant-entrepreneur by his trade name/name, registered office/place of business, ID number, VAT number, or VAT number, email and phone number. Each Lessee-entrepreneur is also obliged to state the driver’s license number of the person who will be authorized to drive the Vehicle,
2. specification of the Vehicle and the ordered services, indicating the Compensation,
3. type of fuel,
4. amount of the Deposit,
5. maximum mileage limits,
6. place, date and method of delivery/return of the Vehicle,
7. the minimum co-payment of the Tenant in the event of an insurance event.
8. The contracting parties declare that, based on the Agreement, the Lessor leaves the Vehicle to the Lessee for temporary use, under the conditions specified in the Agreement and its annexes, the Lessee accepts this vehicle for temporary use and undertakes to pay the Lessor the agreed Remuneration.
9. The contract is concluded for a fixed period, from the moment of delivery of the Confirming email to the moment of signing the Return Protocol. However, the futile expiration of the Lease period does not prevent the Contracting Parties from mutually asserting claims and their settlement, from the content of which it is reasonable to assume that at least one Contracting Party will be interested in their settlement in accordance with the terms of the agreement, within the time limits and in the manner specified in the Contract and its annexes. The duration of the Lease can only be extended by mutual agreement of the Contracting Parties, which can also be concluded via email.
7. Deposit
1. The Lessee acknowledges that part of the contractual conditions and the condition for handing over the Vehicle to the Lessee is the proper and timely payment of the amount of money determined by the Lessor to cover possible Damage and/or any obligations of the Lessee that arise towards the Lessor and/or third parties on the basis of the Agreement and its appendices (hereinafter referred to as the “Deposit”).
2. The Lessee undertakes to pay the Deposit in the amount and amount specified in the Confirmation email, while the payment of the Deposit is a condition for handing over the Vehicle to the Lessee. If the Deposit is not paid properly and on time, the Lessor is entitled to withdraw from the Agreement. The Lessee undertakes to pay the deposit to the Lessor when handing over the Vehicle, in cash (which the Lessor confirms with a receipt) or by blocking the amount of the Deposit on the Lessee’s account by attaching a payment card through a technical device that the person authorized by the Lessor will have with him when handing over the Vehicle.
3. The deposit will not bear interest in favor of the Lessee.
4. In the event that the amount of the Deposit decreases due to its use by the Lessor in accordance with this Agreement and its annexes, the Lessee is obliged, based on the request of the Lessor, to top up the Deposit to the current amount calculated in accordance with the Agreement and its annexes. In case of non-fulfillment of this obligation by the Lessee within the period specified by the Lessor, the Lessor is entitled to withdraw from the Agreement.
5. The deposit will be returned to the Tenant in the event of the expiration of the Agreement, or after the termination of the Agreement in another way, within 7 days after handing over the Vehicle to the Lessor, while the Lessor exercises its right to set off the amount due to the Deposit against any amount that remained unpaid to the Lessor according to the Agreement and its annexes (including contractual fines or interest for late payment). In the event of an insurance claim and/or Damage (also potential) to the Vehicle and/or in connection with the use of the Vehicle on the basis of the Agreement and its annexes, the Lessor is entitled to withhold the Deposit until the final resolution of the insurance claim and/or Damage and settlement of all possible claims , which are related to this insurance event and/or Damage. In the event that even the retained part of the Deposit will not be sufficient to cover the arrears, or Damages, the Tenant is obliged to pay such an obligation to the Lessor on the basis of the Tax document issued by the Lessor.
8. Rent, Repayment
1. The rent is determined by the amount for one day of the Lease and the number of days of the Lease. 24 hours from the day and time specified in the Protocol are considered one day of the Rental period. The period of delivery and return of the Vehicle is also included in the duration of the Rental. The contracting parties have agreed that if the Lease lasts less than one day, the Lessee is obliged to pay the Rent for the whole day to the Lessor. If the Lessee is more than one hour late in returning the Vehicle, the Lessor is entitled to demand payment of the Rent for the next day.
2. By sending the order, the Interested Party confirms that it agrees with the amount of Rent as well as other payments for other services specified in the order and the Confirming emails and that it undertakes to pay them to the Lessor on the basis of the Tax document issued by the Lessor within the due date specified therein.
3. In the case of a Lease that exceeds 30 days, the Lessor is entitled to change the amount of the Rent by notifying the Lessee by email at least 5 days in advance. The Lessee is entitled, taking into account the above fact, to withdraw from the Agreement and return the Vehicle to the Lessor within 5 days at the latest. The Tenant is obliged to notify the Lessor of the withdrawal by email without unnecessary documents. If the Tenant does not withdraw from the Agreement within the specified period in accordance with this clause of the General Terms and Conditions, it is considered that he agrees to the increase in the Rent and undertakes to pay the Rent in the changed amount to the Landlord from the date of delivery of the notice about the change in the amount of the Rent, unless the Landlord has specified a later date in the notice effectiveness of this change.
4. The rent is payable on the date of commencement of the Lease. The Lessee acknowledges that payment of the Repayment is a condition for handing over the Vehicle to the Lessee. In the event that the Lease lasts for more than 30 days, the Rent will be charged to the Tenant on the first day of each subsequent month. The Tenant agrees and acknowledges that the Lessor is entitled, due to tax obligations, to apply the Rent and issue a separate invoice for each completed calendar month of the Lease, as of the last day of the month, even if the Lease continues after the turn of the calendar months.
5. In the event that the Tenant decides to terminate the Lease earlier than was agreed in the Contract, he is obliged to pay the Rent to the Landlord in the originally agreed amount.
6. In the event that the Tenant is in arrears with the payment of the Compensation, or any part of it for more than 7 days and the Tenant’s obligation is not fulfilled even on the basis of an additional request from the Lessor sent by email within the period set by the Lessor, the Lessor is entitled to withdraw from this Agreement.
7. By sending the order, the Interested Party confirms that it has familiarized itself with the Price List in its entirety, the contents of which the Contracting Parties undertake to base themselves upon in determining the amount of compensation for other services provided by the Lessor in connection with the provision and/or use of the Vehicle based on the Agreement and its annexes.
8. In the event of delay in payment of the Compensation, or part thereof, the Lessor is entitled to demand the payment of interest on delay in the amount calculated in accordance with the applicable legislation.
9. Delivery and return of the Vehicle
1. In accordance with the content of the Agreement and its annexes, the Lessor undertakes to hand over the Vehicle to the Lessee together with the documents necessary for the use of this Vehicle, while such documents are considered to be: technical license, international automobile insurance card.
2. Regarding the transfer and acceptance of the Vehicle by the Lessee, the Contracting Parties write the transfer and acceptance protocol (hereinafter also referred to as the “Protocol”). Among other things, the protocol also contains the date and exact time of handing over the Vehicle to the Lessee.
3. Regardless of the other facts stated in the Agreement, or of these GTC, the Contracting Parties have agreed that the Lessor will hand over the Vehicle to the Lessee at the place and time specified in the Contract. The contracting parties are obliged to arrive at the given place at the given time and provide full and timely cooperation for taking over the Vehicle and signing the Protocol.
4. Before signing the Protocol, the Lessor is entitled to ask the Lessee to submit an identity document and a driver’s license in order to confirm the correctness of the personal data provided.
5. The Lessor undertakes to hand over the Vehicle to the Lessee on the date of commencement of the Lease in a condition suitable for operation and use according to the Contract, at the place specified in the Contract or in another, demonstrable way between the Contracting Parties.
6. The contracting parties have expressly agreed that the Lessor will hand over the Vehicle to the Lessee with a full fuel tank. The Lessee undertakes to verify the aforementioned fact immediately after taking over the Vehicle, while later reservations in this regard will not be taken into account.
7. The Vehicle is considered handed over to the Lessee at the moment of signing the Protocol, on the basis of which the Lessee will be given the documents necessary for the use of the Vehicle and the keys to the Vehicle, or other equipment, accessories or equipment agreed in the Contract. The contracting parties have expressly agreed that if the Lessee does not provide proper and timely cooperation to take over the Vehicle in accordance with the conditions agreed in the Contract, the Lessor has the right to pay a contractual fine in the amount of €300. This contractual penalty is payable on the basis of the Tax document issued by the Lessor. The contracting parties have expressly agreed that in the event that the Lessee does not provide proper and timely cooperation to retake the Vehicle based on the Lessor’s request, which can also be made by email or telephone, the Lessor is entitled to withdraw from the Agreement. The right to pay the contractual penalty remains unaffected.
8. The Lessee undertakes to carry out a proper inspection of the Vehicle, which the Lessor is to hand over to him on the basis of the Contract, immediately upon taking it over, and is also obliged to notify the Lessor of all defects found by him, which will subsequently be recorded in the Protocol, which will be confirmed by the signature of both Contracting Parties. Both Contracting Parties are independently entitled to make a video recording of the inspection of the Vehicle, e.g. on their mobile phones. The Tenant expressly acknowledges that the Lessor is not responsible for defects that the Tenant may have discovered during the inspection and which were not mentioned in the Protocol. The Lessee acknowledges that by signing the Protocol, he also confirms the receipt of the documents necessary for the use of the Vehicle and the keys to the Vehicle, or other equipment, accessories or equipment agreed in the Agreement.
9. In the event of expiry of the validity period of the Agreement, or after the termination of the Agreement in another way, the Lessee undertakes to return to the Lessor the Vehicle with a full fuel tank, undamaged, taking into account normal wear and tear caused by normal use corresponding to the number of kilometers driven. The Lessee will hand over the vehicle to the Lessor at the place and time specified in the Agreement, unless the contractual parties demonstrably agree otherwise. The contracting parties are obliged to arrive at the given place at the given time and provide full and timely cooperation for the Lessor to take over the Vehicle. The Lessee is obliged to hand over to the Lessor with the Vehicle all the documents that the Lessor handed over to him when handing over the Vehicle, and he is also obliged to return to the Lessor all other equipment, accessories, equipment or other items that the Lessor gave to the Lessee when taking over the Vehicle.
10. On the return of the vehicle to the Lessor, a report on the return of the Vehicle will be drawn up (hereinafter referred to as the “Return Protocol”), in a similar manner as in the case when the Vehicle was handed over to the Lessee for use on the basis of the Agreement. Both Contracting Parties are independently entitled to make a video recording of the inspection upon the return of the Vehicle, e.g. on their mobile phones.
11. The return protocol also contains, among other things, the date and exact time of the return of the Vehicle to the Lessee. In the event that the Lessee is in delay in returning the Vehicle by more than one hour beyond the agreed Rental period, the Lessor is entitled to demand payment of the next Rent for the next day.
12. The Lessee undertakes to hand over the Vehicle to the Lessor clean, including a clean interior. When returning the Vehicle, the Lessor will check its condition, including the mileage. Damages or defects that the Lessee has not removed or that have not been repaired will be recorded in the Acceptance Protocol and the Lessor is entitled to have them repaired or removed at the Tenant’s expense.
13. The vehicle is considered properly returned only after signing the Acceptance Protocol.
14. The Lessee acknowledges that the Lessor is entitled to demand payment of any costs from the Lessee in accordance with the valid Price List, provided that the Lessee does not hand over the vehicle to the Lessor in the condition specified in the Agreement and its appendices (e.g. if the Vehicle is polluted beyond a level proportionate to the ratio, if the fuel the tank will not be full if the Vehicle has defects).
15. Taking over the Vehicle by the Lessor and possibly signing the Return Protocol does not prevent the Lessor from raising any other claims against the Lessee related to the violation of any obligation of the Lessee arising from the Contract, GTC, Price List or other annexes.
16. The contracting parties have agreed that in the event that the Lessee is obliged to return the Vehicle to the Lessor and the Lessee does not fulfill the obligation in question properly and on time, the Lessor is entitled to take away the Vehicle from the Lessee, including other things that the Lessor provided to the Lessee. The Lessee acknowledges that the Lessor is also entitled to use the services of third parties for the purpose of locating and removing the Vehicle at the Lessee’s expense. At the same time, the Lessor is entitled to file a report with the relevant department of the police force about facts indicating that a crime has been committed.
10. Liability for Damage and sanctions
1. The Lessee acknowledges that he is responsible for the Vehicle from the moment of signing the Protocol to the moment of signing the Return Protocol.
2. Regardless of the other facts stated in these GTC, the Lessee acknowledges that he is responsible for all damages that occur to the Vehicle as a result of the violation and/or failure to comply with his obligations arising from the Agreement and its appendices, as well as from applicable legislation, and above all, the Tenant is responsible for Damages caused by unprofessional handling and handling, driving without a valid driver’s license, driving under the influence of alcohol or other narcotic and psychotropic substances. The renter is responsible for the destruction, loss, damage and deterioration of the Vehicle and its equipment.
3. The Lessor is solely responsible for direct and indirect damages caused to the Lessee or third parties as a result of the use of the Vehicle, interruption of its use or its removal, if this happened as a result of a breach of the Lessor’s obligations.
4. In the event that as a result of an insurance event or Damage there is a need to tow the Vehicle, the Lessee is obliged to immediately contact the Lessor and arrange for the Vehicle to be towed to a service designated by the Lessor. The cost of towing the Vehicle is borne by the Lessee, unless it is the Lessor’s responsibility in accordance with the previous point of this GTC article.
5. In the event of an insurance event, the Lessee is obliged to proceed in accordance with the instructions of the Lessor, members of the police force and the relevant insurance company. The contracting parties have expressly agreed that in the event that the insured event is a traffic accident, the Lessee is not entitled to leave the place of the insured event before the arrival of the police patrol. The “Accident Report” form is part of the documents required for the use of the Vehicle and it is the Lessee’s duty to fill out this form correctly and on time, to ensure a list of all participants in the insurance event, possible witnesses, vehicles and other affected objects. At the same time, he is obliged to include in the report the names, surnames, dates of birth and addresses of the participants in the insurance event, any witnesses, registration numbers of other vehicles involved in the insurance event.
6. Regardless of the other agreements of the Contracting Parties resulting from the Agreement and its appendices, the Lessee acknowledges that in the event of an insurance event in which the insurance company is entitled to payment of a co-payment by the policyholder, the Lessee bears the contractually agreed co-payment with the insurance company, namely in in the amount of 5% of the amount of the damage, while the minimum participation of the Tenant in compensation for damage is agreed in the Contract. The Tenant undertakes to pay this co-payment to the Lessor on the basis of the Tax document issued by the Lessor. In the event of an insurance event, which will be qualified as a total loss or in the event of theft of the Vehicle, the Lessee undertakes to pay the contractually agreed co-payment and the difference between the general price of the Vehicle on the date of occurrence of the insurance event and the payment of the insurance company. The Lessee is also obliged to reimburse the Lessor for all incurred costs due to the reduction of insurance benefits for reasons on the Lessee’s side. He is also obliged to pay the Lessor the fees and remuneration for other services provided by the Lessor in this context in accordance with these General Terms and Conditions and the valid Price List. The same applies to fees or overcharged repair costs, or the calculation of damage repair costs, which the Tenant undertakes to pay on the basis of the issued Tax document.
7. The lessor will ensure that the repair of the Vehicle is carried out on a date that will reduce the length of the repair interval as effectively as possible so that the Vehicle is available for use as soon as possible. In case of damage caused by the Tenant, the Lessor is entitled to charge the Tenant a fee in accordance with the valid Price List.
8. In the event that the Lessor incurs Damage that is not at all or fully covered by insurance, the Lessee undertakes to compensate such Damage without delay on the basis of the Tax document issued by the Lessor.
9. The contracting parties have agreed that the Lessor is entitled to demand the payment of a contractual fine in the amount of €5,000.00 in the event that the Lessee violates any of the obligations listed below, for every single violation of the Lessee’s obligation: A/violation of the Lessee’s obligation to refrain from performing unauthorized technical interventions on/into the Vehicle, B/ violation of the Lessee’s obligation not to provide the Vehicle as a deposit or guarantee, C/ violation of the Lessee’s obligation not to alienate the Vehicle, D/ violation of the Lessee’s obligation not to leave the Vehicle for use by third parties without the Lessor’s consent, regardless of validity such legal actions, E/ violation of the Lessee’s obligation by the Lessee changing or allowing data to be changed or tampering with or allowing interference with the mileage indicator, F/ violation of the Lessee’s obligation by using the Vehicle outside the permitted states, G/ violation of any notification obligation The Lessee, which follows from the Agreement and its annexes, H/ violation of the Lessee’s obligation to return the Vehicle to the Lessor properly and on time. The contractual penalty is payable on the basis of the Tax document issued by the Lessor. By exercising the right to pay the contractual fine, or by negotiating a contractual fine or fulfilling the Tenant’s obligation to pay a contractual fine, the Lessor’s right to assert a claim against the Tenant for compensation for Damage in its entirety is not affected.
11. Termination of the Agreement
1. The contracting parties have agreed that the Contract shall terminate:
1. upon expiry of the agreed rental period in accordance with the Agreement,
2. by written agreement of the Contracting Parties,
3. withdrawal for the reasons stated in these GTC or in the contract, by one of the Contracting Parties,
4. by destroying the Vehicle.
2. Regardless of the specific reasons stated in these General Terms and Conditions, the Lessor has the right to withdraw from the Agreement even if the Lessee violates any of his obligations resulting from the Agreement and its annexes and does not eliminate the consequences of the violation of this obligation even within an additional period of 7 (seven) days from the Lessor’s written request to remove it.
3. The contracting parties have agreed that the Lessee is entitled to withdraw from the Contract if the Vehicle is unusable due to a breach of obligations by the Lessor.
4. In case of withdrawal from the Agreement for the reasons stated in it or resulting from valid legislation, the Agreement shall expire on the date indicated in the notice of withdrawal from the Agreement delivered to the other Party or if such a date is not specified in the notice of withdrawal or if it is earlier day, then the day of delivery of this notice to the other Contracting Party. The right to withdraw can be exercised by the authorized Contracting Party by a written notification delivered to the other Contracting Party, which contains a factual definition of the reason for withdrawing from the Contract in such a way that it cannot be confused with another reason. By withdrawing from the Agreement, the Agreement does not expire from the beginning, but only after the day specified in the first sentence of this point.
12. Alternative dispute resolution
1. By concluding the Agreement, the Lessee-consumer declares and confirms that he has been informed by the Lessor that he has the opportunity to contact the Lessor with a request for correction, if he is not satisfied with the way in which the Lessor handled his complaint or if he believes , that the Landlord in some way violated his rights. If the Lessor responds negatively to the Lessee-consumer’s request for rectification or does not respond to it within 30 days from the date of its sending, the Lessee-consumer has the right to submit a proposal to start an alternative solution to his dispute in accordance with the provisions of § 12 of Act No. 391/2015 Coll. on alternative resolution of consumer disputes and on amendments to certain laws. The competent entity for the alternative resolution of consumer disputes with the Lessor is the Slovak Trade Inspection or another relevant authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (http://www.mhsr.sk/). The tenant-consumer has the right to choose which of the listed entities of alternative resolution of consumer disputes to contact.
13. Various
1. The Lessee acknowledges that Contracts concluded through the Web are governed by the relevant provisions of Act No. 22/2004 Coll. on electronic commerce, ZOSHC, Act no. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the seller’s premises, as well as the Civil Code, the Commercial Code and these General Terms and Conditions governing the details of their conclusion and implementation. All contractual relations between the Lessor and the Lessee are concluded in accordance with the legal order of the Slovak Republic. In the event that the Lessee-consumer is not a Contracting Party, legal relations not regulated by these General Terms and Conditions are governed by the Commercial Code.
2. The Lessee acknowledges that the Lessor processes his personal data to the extent resulting from the “Conditions for the processing of personal data” in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons in the processing of personal data data and on the free movement of such data, which repeals Directive 95/46/EC (hereinafter referred to as the “Regulation”) for the purpose of implementing the Vehicle Rental offered by the Lessor. Without the provision of these personal data (e.g. first and last name, address, telephone number) it would not be possible to conclude the Agreement and rent the Vehicle. The legal basis for processing personal data is the fulfillment of a legal obligation (e.g. the Accounting Act). The legal basis is also the fact that this processing is necessary for the fulfillment of the Agreement that the Tenant, if he is a natural person, concluded with the Landlord. If the Tenant is a legal entity, the legal basis is a legitimate interest. The Tenant’s related rights are contained in the Terms of Personal Data Processing.
3. The contracting parties have agreed that the Tenant is obliged to notify the Lessor of a change of address by email, if the change of address occurred before the termination of the Agreement. If the Tenant does not fulfill this obligation properly and on time, he bears the risk arising from the fact that the Lessor did not receive his notification, or received it with a delay. The Lessor’s legal actions towards the Lessee are considered to have been fulfilled, as long as the Lessor has sent them to the Lessee’s last known address.
4. The lessor is entitled to unilaterally change or supplement the content of the General Terms and Conditions, and I unilaterally. It will publish the new wording of the General Terms and Conditions on its website.
5. By checking the box before sending the order, the lessee confirms that he has read these GTC, understands their content and agrees with them in their entirety.
April 1, 2024 in Spišská Nová Ves