General Terms and Conditions AUTOKLUB, a.s.
These terms and conditions are an integral part of the Contract for the rent of movables between AUTOKLUB, a.s., sídlo: Teplická cesta 1, 058 01 Poprad, IČO: 45 516 286, IČ DPH: SK20203040789 (hereinafter referred to as the Lessor) and the Lessee.
1. Terms and conditions of use of the vehicle
The Lessor hereby leases to the Lessee, subject to all the terms and conditions set forth herein, the movables specified in the Movable assets lease contract (hereinafter referred to as the "Contract") and the Lessee accepts the lease and agrees to pay the Lessor the agreed rent. The Lessee shall comply with the obligations set out in the Contract and with the instructions issued by the Lessor for the purpose of proper performance of the Contract.
Under this Contract, the Lessee shall be fully and unconditionally liable to pay to the Lessor:
- The rate for the rental of movables specified in the Contract together with pre-agreed fees. The Contract is concluded for a definite period of time according to the entry on the Contract and expires at the end of the agreed rental period. The lease may be extended if the Lessee requests an extension at least 24 hours before the expiry of the agreed period, but only if the Lessor confirms the availability of the movables. The tenancy shall proceed according to the pre-agreed conditions. If the Contract is not extended, the Lessee is obliged to return the movables at the agreed date and time (tolerance of 1 hour) and to pay the rent including other charges until the date of return.
- All fines and legal expenses related to parking, traffic or other infringements against the law or any act in violation of the law, that are imposed on the rented movables against the renter, another driver or the Lessor from returning the vehicle, including the administrative fee for the processing of the fine in accordance with the current price list in the Fees section, except in cases where this happens due to the Lessor's error. The Lessee shall also be liable to pay the Lessor's costs of out-of-court and in-court enforcement of payments under this Contract in the case of delay of payments.
- Costs incurred by the Lessor to compensate for damages caused to the movables provided, by whomsoever caused, irrespective of the group to which the movable belongs; as well as the loss of profit on the other hand (calculated using the daily rate) lost by the Lessor as a result of the impossibility of using the movables; the Lessor's costs of replacing the movables in the event of their theft.
- Cancellation fee for not picking-up the possessions, or cancellation on the day of booking (50% of the total rental price of the reservation), cancellation fee in the case of cancellation within 5 days before taking possession (50 euros).
- The Lessee further agrees to protect the interests of the Lessor and its insurance company in the event of an accident, loss or damage to the vehicle by:
- ascertaining the names and addresses of interested parties (participants) and witnesses;
- admitting no responsibility or guilt and not giving any money to any person or persons involved;
- not leaving the vehicle without ensuring its adequate security and safety;
- informing the Lessor by telephone, even in the case of minor damage; and furthermore, completing an incident (accident) report for the Lessor within 24 hours;
- immediately notifying the police, even in the case of minor damage or an injured person;
- not leaving the scene of the accident before the police arrive;
- preventing damage by parking only in places that are safe, preferably in guarded parking lots and parking areas;
If the Lessee fails to proceed in accordance with points 1-5, he/she shall be liable for the damage caused in the full extent.
The Lessor is obliged to provide to the Lessee the movables in good technical condition, at the time and place specified in the Contract.
All apparent defects, complaints and comments concerning the rented movables must be raised by the Lessee at the latest on picking-up of the movables and must be recorded in the rental Contract.
The Lessee is obliged to return the movables, including all accessories and documents to the Lessor in the condition in which it was received, taking into account normal wear and tear. The movables shall be taken over by a person authorised by the Lessor.
Only the persons specified in the lease Contract may use the movables. The Lessee may not let the use of the movables to any person other than those specified in the Contract, participate with the movables in races, competitions or similar events, use the movables to transport persons or property in return of payment, or use the movables to push or tow cars, trailers or other objects without written permission. The Lessee shall not make any alterations, modifications or repairs to the movables without the written consent of the Lessor.
It is forbidden to use the movables in these countries: Romania, Albania, Serbia, Montenegro, Bosnia and Herzegovina, Turkey, Bulgaria, Kosovo, Ukraine, Russia, Belarus, Macedonia and destinations where it is possible to pass through a restricted country. If it is necessary for the Lessee to transit through these countries, this is only possible with the written consent of the Lessor.
The Lessee is obliged to use the rented movables exclusively for personal purposes and to comply with all transport, customs and other applicable regulations.
After parking, the Lessee is obliged to take the belonging keys and documents away from the movables and always lock the movables, secure the movables against misuse, damage or theft. The Lessee is to use the movables in the usual way according to the manufacturer's instructions and the Lessor's recommendations so that no damage is caused to them.
The Lessee shall not drive the movables after having consumed alcohol, narcotics, drugs and other substances that may affect perception and responsiveness, or leave the movables for such person to drive.
The Lessee agrees not to operate the movables by any person other than a person appointed or employed by him, approved by the Lessor, who is at least 20 years of age at the time of hire (in the event of failure to meet the required age for a particular category, the Lessee may apply for an exemption at a fee as set out in the current fee schedule), meets the required qualifications and has held a valid driver's license for at least one year; or in the event of a breakdown or accident, the movables may be driven by a motor vehicle repairer, provided that he or she meets the required prerequisites and has the appropriate licence (and driving licence), further outside the list of permitted countries specified by the Lessor and also for the carriage of cargo, excessively dirty items, animals.
The Lessor is entitled to demand access to the movables in order to check whether the Lessee is using it in a proper manner in accordance with the terms of the Contract. The Lessee is obliged to allow and tolerate such inspection by the Lessor. For the aforementioned reason, the movables are equipped with a tracking system.
If the Lessee uses the vehicle in violation with agreed conditions or in a way that causes damage to the Lessor or poses a threat of significant damage to the Lessor, the Lessor has the right to terminate the Contract and this termination takes effect at the moment of delivery of the notice to the Lessee.
2. Terms of payment
The Lessee is obliged to pay the rent, fees, damage costs and any other financial obligations arising from the lease Contract properly and on time. During the use of the movables, the Lessee shall pay the Lessor a security deposit in a pre-agreed amount. The deposit may be used to pay any monetary claims against the Lessee (additional rent, damage to the vehicle, fines). The Lessor is entitled to reserve a guarantee amount on the Lessee's card, meaning the Lessee will not be able to dispose of this amount for the duration of the lease.
By signing, the Lessee agrees to pay any additional monetary obligations it has to the Lessor by means of his / her payment card, the Lessor is entitled to make the payment transaction using the Lessee's payment card indicated on the Contract.
In the case of any payment delay by the Lessee, the Lessor is entitled to demand from the Lessee a Contractual penalty of 0.05% of the amount due for each day of delay. The Lessor may terminate the Contract if the Lessee fails to pay the rent in the agreed amounts and on the agreed dates.
In the case of the Lessee's delay in returning the movables to the Lessor at the specified time and place, the Lessee agrees that the Lessor shall report the movables as lost or stolen to the police authorities or file a lawsuit for the return of the item with the competent court, with the understanding that the consequences that may arise for the Lessee from such fact shall be borne solely by the Lessee.
3. Liability for damage
The Lessor is obliged to take out compulsory insurance. The Lessee is obliged to inform the Lessor immediately in case of any damage event and to report the damage event to the police. The Lessee is liable for damages to the vehicle during the rental period to the full extent, at least to the extent specified in the Contract (listed as "deductible").
The Lessor is entitled to claim the compensation for the loss of rent from the Lessee, in the amount of the rental fee agreed on the Contract until the day when the movables will be at his disposal again.
When returning the movables, the person authorized by the Lessee shall take over the movables, complete a protocol of acceptance and indicate in what condition the Lessee has returned the movables. In the event of damage, the Lessee shall be obliged to make written comments or objections in the protocol and sign the document. If the Lessee does not raise any objections in the written form, or refuses to sign the protocol, the Lessee shall be liable for the damage identified and documented by the Lessor to the full extent.
The Lessee is obliged to hand over the movables clean, so that the condition and any new damage can be checked by an authorised person. If the Lessee returns an excessively dirty vehicle, the Lessee shall be liable also for damages related to the washing and cleaning of the movables even when not being marked on the acceptance protocol, also after the physical handover of the movables until the movables have been inspected by the Lessor. The Lessee also agrees to return the movables to the Lessor's premises in the presence of an employee of the Lessor so that any damage to the movables can be documented. If the Lessee returns the movables without the presence of an employee of the Lessor, the Lessee shall be responsible for any damage found upon inspection of the vehicle by an employee of the Lessor, and agrees without reservation to being charged a fee for such damage.
The Lessee acknowledges that, within the legitimate interests of the Lessor, the movables may be monitored by a GPS monitoring system.
If the movables are dirty, the Lessor has the right to withhold the deposit until the vehicle has been washed and inspected, and then charge the Lessee for the washing of the vehicle (and any damage). The Lessor shall immediately notify the Lessee of any damage subsequently discovered by the Lessor after the washing of the movables. The Lessee may submit written objections to the Lessor within three days of the notification. If the Lessee does not object or does so later on, the Lessee shall be liable for the damage subsequently discovered to the full extent.
Any damage to the interior is not covered by the insurance. If damage occurs to the movables' interior, the Lessee responsible for the damage is charged actual compensation for the damage in the amount of the price of the work and service. In the event that the amount for the repair of any damage to movables exceeds the amount 3.334,- EUR, the Lessee will be charged deductible of 15% from the damage caused. Fees or any cost estimates of repairing the damage are sent to the Lessee after the proper end of the rental, not later than 10 working days. One exception is inoperable movables after a traffic accident, which will be taken to the service center as soon as possible.
It is strictly forbidden to smoke, pollute excessively, carry out biological needs and transport animals in the rented movables. If the Lessee violates any of the conditions of the lease during the use of the movables, AUTOKLUB, a.s. reserves the right to charge a fee based on the valid price list listed on rent.autoklub.sk in the fees section.
4. Service
The Lessor is obliged to provide regular service, maintenance and routine repairs of rented movables. The Lessee is obliged to make the vehicle available to the extent necessary for the service to be performed. The Lessee has the right to a replacement vehicle.
The Lessee is obliged to notify the Lessor of all defects that appear on the movables during use and require repair without delay. If the Lessee fails to fulfill this obligation without undue delay, he or she is liable to the Lessor for the damage caused, and loses the claims possibility that would otherwise be due to the impossibility or limited possibility of using the property without defects.
5. Final provisions
Failure to comply with the Lessor's instructions by the Lessee is considered an essential breach of Contract with the Lessor's right to immediately withdraw from the Contract. By breaching these obligations or any of them, the Lessee is obliged to pay the Lessor a Contractual penalty, even repeatedly, up to the amount of 500 euros.
Information on the processing of personal data has been published by AUTOKLUB, a.s. on its website link: rent.autoklub.sk. The Parties agree and consent that all disputes arising out of the Contract, including disputes concerning its validity, interpretation or termination, shall be settled in the court of local and subject matter jurisdiction of the Slovak Republic under the laws of the Slovak Republic.
The Lessee agrees to and acknowledges the terms and conditions of the lease of movables, which are published on the website as General Terms and Conditions. By signing the Contract, the Lessee agrees to the terms and conditions of the vehicle rental.
