Car rental agreement terms
1. The Lessor, in return for remuneration, shall transfer for a period of time, and the Lessee shall accept for usage the Car.
2. Together with the Car, documents connected with the operation of the Car and additional equipment, as well as, if the Lessee has made such a selection, E-CAR online reservation approved additional equipment, shall be handed over to the Lessee.
3. The Car may only be operated by the Lessee, who is at least 21 years of age, and who has a valid driver’s licence that has been issued at least 2 years prior to the respective E-CAR rental car reservation, as well as/or a person authorized by the Lessee, or an additional driver who is at least 21 years of age and who has a valid driver’s licence that has been issued at least 2 years prior to the respective E-CAR rental car reservation. The Lessee is fully responsible for the actual actions of its authorized person or additional driver in respect to following and enforcing the terms of this rental agreement. The Lessee shall assume full responsibility against the Lessor if the Lessor will have incurred, or will incur losses resulting from intentional or unintentional actions of the persons authorized by the Lessor, or additional Driver, or if the terms of this agreement will be impossible to fulfil due to their actions. At the moment of receiving the Car, the Lessee or its authorized person shall present to the Lessor its passport or ID card and driver’s license, the data of which shall match the information filled out in the initial reservation form.
4. The Lessee agrees that he/she has received the Car with clean body and interior, with full fuel tank in accordance with the volume recorded upon handing over the car to the Lessee, in flawless technical condition, without any damages, and (if such exist) in accordance with the Car acceptance-transfer certificate. The Lessee undertakes to return the Car to the Lessor at a specific time and location with clean body and interior, with full fuel tank in in accordance with the volume recorded upon handing over the car to the Lessee, in flawless technical condition, without any damages, and (if such exist) in accordance with the Car acceptance-transfer certificate. The Lessee undertakes to keep the Car, during time period from 22:00 till 8:00, at a 24-hour guarded parking lot, or within a closed territory. The Lessee, throughout the operation of the Car, is responsible for using fuel that is proper and in accordance with the defined standards. During the rental period the used fuel shall not be included in the rental fee.
5. The Lessee agrees to use the Car in accordance with the terms of this rental agreement, and shall pay rental fee agreed upon, security fee, fee for exceeded the included mileage if it is exceeded – 0,10 EUR (10 cents) par for each exceeded included mileage (250km per day) km, as well as shall compensate for losses, in accordance with article 10 of this rental agreement, if such will have been incurred due to intentional or unintentional actions of the Lessee, or if the terms of this agreement will be impossible to fulfil due the actual actions of the Lessee. The Lessee shall, in accordance with the procedure prescribed by the legislation, pay administrative fines for road traffic rule violations if such will be applied during the rental period of the Car.
6. The Car shall be under Compulsory Motor Owners Third Party Liability Insurance (MTPL). The Car shall be insured against damages (CASCO) with fixed Lessee deductibles amount – 430.00 EUR (four hundred thirty euros), as well as against theft of the Car or its parts and against destruction of the Car (CASCO) with fixe Lessee deductibles amount – 860,00 EUR (eight hundred sixty euros). The Lessee may reduce the amount of the mentioned liability/deductibles to 0% by paying an additional fee in the E-CAT online reservation system in accordance with the chosen rental period. The Lessee shall immediately, but no later than within 12 (twelve) hours inform the Lessor of an insurance case if such will have occurred. If the Car is stolen, the Lessee shall hand over/present the keys, alarm remote control and Car technical passport to the Lessor. The Lessee is responsible for car theft, defraud or appropriation, as well as for Car damages, which have been caused to the Car in the result of intentional or unintentional actions of the Lessee (including exceeding the permitted speed limit), thus violating the terms of this lease agreement, as a result of which the insurance company of the Lessor does not agree to cover the damages incurred to the Lessor; and the Lessee shall voluntarily cover all the losses incurred to the Lessor within 14 (fourteen) days starting from the moment the losses are calculated even if the Lessee had previously decreased the amount of liability/deductibles to 0%. Insurance shall not release the Lessee from material responsibility for damages caused to the Car interior, basic equipment and additional equipment if they have been caused due to the actual actions of the Lessee. If the Lessee shall delay returning the Car for more than 24 hours, without having agreed with the Lessor on it, the Lessor shall consider the Car stolen, defrauded or appropriated and shall act in accordance with article 11 of this lease agreement, including turning to law enforcement authorities.
7. The Lessee and/or its authorized person, and/or the additional driver shall follow, during the rental period, in the event of being involved in a road traffic accident, the legal interests of the Lessor and its insurance company by carrying out the following procedures: record the identification data of the vehicles involved in the road traffic accident; record the names, surnames and addresses of the persons and witnesses involved in the road traffic accident; not to take the blame and responsibility; not to leave the Car without making sure of its security and protection; immediately inform the police of the road traffic accident and not to leave the location of the road traffic accident without coordination with the police; fill out documents about the road traffic accident and send them to the Lessor within 24 hours.
8. The Lessee undertakes to use the Car only in accordance with the terms of this lease agreement, the technical characteristics of the Car and in compliance with road traffic rules, as well as to travel only within the member countries of the European Country and the European Economic Zone by specifying the countries to the Lessor, upon signing this lease agreement. It is forbidden to use the car: under the influence of alcoholic beverages, drugs or psychotropic substances; for commercial trips; transferring it to third parties, with or without remuneration; for driver training; for car races, drifting and driving outside the officially marked roads; for towing or pushing other vehicles.
9. Upon receiving the Car from the Lessor shall in-advance authorize (reserve) security fee on the credit card of the Lessee or its authorized person in accordance with the class and model of the selected Car. The Lessee or its authorized person shall be the holder of the credit card. The Lessor shall revoke the in-advance authorization of the reserved security fee of the Lessee within 10 (ten) working days from the moment the Car is returned to the Lessor if the Lessee will have met all the conditions of this lease agreement.
10. The Lessee undertakes to, no later than within 14 (fourteen) days from the moment lease relations are ended, or at the Lessor’s request, reimburse the Lessor for losses in the following amount: if returning of the Car is delayed for more than two hours, by making a payment in the amount of one day rental fee; if the Car is returned with not full fuel tank, by making a payment – 1,50 EUR (one euro and 50 cents) for each missing fuel litre; if the Car is returned with dirty body, by making a payment – 15,00 EUR (fifteen euros); if the Car is returned with dirty interior, by making a payment – 15,00 EUR (fifteen euros), and if the Car is returned with dirty interior, which requires dry-cleaning, by making a payment – 70,00 EUR (seventy euros); if the Car keys are lost, by making a payment – 300,00 EUR (three hundred euros), and if the Car technical passport is lost, by making a payment – 200,00 EUR (two hundred euros); and if the Car is returned with a smoked interior – 200,00 EUR (two hundred euros); for administrating road traffic fine – up to 40,00 EUR (forty euros); for loss of the Car’s basic equipment (column 6) – up to 150,00 EUR (one hundred fifty euros) for each item; for loss of the Car’s additional equipment – up to 150,00 EUR (one hundred fifty euros) for each item. The Lessee undertakes to pay the Lessor, for delay of reimbursement for losses, penalty interest 1% (one per cent) of the reimbursed losses sum for each day of delay until full fulfilments of obligations.
11. If the Lessee violates the terms of this agreement by causing losses to the Lessor, the Lessor shall have the right to unilaterally, without the consent of the Lessee, make deductions for idle time and withhold payments for damages caused to the Car, in accordance with article 10 of this agreement. If the Lessee has not made its binding payments, in accordance with this agreement, to the Lessor and third parties, the Lessor shall pay all the binding payments of the Lessee (including fines for violating road traffic rules) using the security deposit paid by the Lessee. Jif the total amount of the payments exceeds the amount of the security deposit paid by the Lessee, then the Lessor has the right to remove/deduct the remaining portion of the payment from the bank credit card of the Lessee or its authorized person, or recover payment from the Lessee through mediation of third parties if the Lessee does not voluntarily pay the losses, interest on arrear and/or other fees charged to the Lessee in accordance with the procedure prescribed by this agreement. The Lessee agrees that if any of the payments arising from this agreement against the Lessor are not made, the Lessor has the right to transfer the data of this agreement and a copy of this agreement to third parties for conducting debt recovery procedures, as well as to law enforcement authorities if the Lessee has conducted unlawful activities with the Car. All expenditures connected with recover of debt in favour of the Lessor shall be paid by the Lessee. The Lessee has no right to transfer its contractual rights to any other person. In order to transfer its contractual rights and obligations to third parties, the Lessor does not require consent from the Lessee.
12. The Lessee affirms that he/she has understood the terms of this lease agreement; that the information on using the Car is comprehensive and complete; that the information on the payment procedure and amount of liability is clear and comprehensible. This lease agreement is drawn up in and signed in 2 (two) copies on 2 (two) pages in Latvian. Both copies have equal legal force. One copy of the agreement shall be handed over to the Lessor, and the other copy – to the Lessee. All the relevant information and the information resulting from this agreement may be sent to the place of residence address or legal address, and/or E-mail of the Lessor.
13. The Lessor shall agree in writing on changes made to the terms of this lease agreement with the Lessee. The parties shall resolve all disputes and disagreements through negotiations. If an agreement is not reached through negotiations, any dispute, difference of opinion, disagreements, or claims arising from this agreement and affecting it or violating, ending or making it invalid, shall be fully resolved, at the choice of the plaintiff, at the Aizkraukle District Court or Riga Permanent Court of Arbitration, reg. No. 40003759884, in accordance with regulations of the respective court of arbitration through written court proceedings, compiled of one arbitrator and in accordance with the legislation of the Republic of Latvia.