STANDARD TERMS AND CONDITIONS OF RENTAL AGREEMENT
Effective from August, 22nd 2013
1. TERMS USED, NATURE AND OBJECT OF THIS AGREEMENT.
A) From now on following abbreviations and terms are used:
I) Conditions – these Standard Terms and Conditions of Rental which govern the rental and use of a vehicle;
II) Lessor – the legal person identified on the front page of the Rental Agreement that uses the trademark "Europcar" and has the jurisdiction of forwarding the user rights of the vehicle (also referred to as "Europcar");
III) Renter – the person identified on the front page of the Rental Agreement who obtains the user rights of the vehicle from the Lessor according to the agreement signed with the Lessor (also referred to as "Customer");
IV) Rental Agreement – the agreement between the Lessor and the Renter with which
the Lessor forwards the user rights of the vehicle to the Renter, according to the stipulations of the Rental Agreement (also referred to as "Agreement") and these Conditions;
V) Vehicle – the self-propelled vehicle identified on the front page of the Rental Agreement that or the user rights of which belong to the Lessor and are forwarded to the Renter according to the Agreement.
B) The Conditions stipulate the Renter's rights and obligations before Europcar when using the Vehicle. The Renter acknowledges that the Vehicle or its user rights are owned by Europcar and he/she does not have the authority to forward the rights and obligations obtained by signing the Agreement to a third party. Any attempted transfer or sub-rent of the Vehicle is permitted only in agreement with Europcar. Europcar permits You to use the Vehicle strictly in accordance with the Conditions.
C) At Renter’s request prior to signing of the Rental Agreement, Europcar will make these Conditions available to the Renter.
D) The Rental Agreement is signed for the use of one Vehicle in a period that is designated in the Agreement, or until Europcar has actually taken possession of it.
E) By signing the Agreement, the Renter acknowledges that he/she has read these Conditions, and will be bound by them. The Conditions and the Agreement are inseparable. The Conditions will not cease to be valid also after the Vehicle has been returned.
2. AUTHORIZED OPERATOR OF THE VEHICLE.
According to the Agreement, the Vehicle must only be driven by the Renter or any other person who has been authorized by Europcar at the commencement of the rental by noting his/her details in the Rental Agreement as an additional driver. The Customer agrees that he/she will not allow anyone (including himself/herself) to drive the Vehicle:
A) Person, who does not fulfill the minimum requirements of Europcar or law regarding age, possession of a valid driving license and/or any other minimum requirements.
B) Person, who is under the influence of alcohol, drugs or any other substance impairing consciousness or ability to react, or who is fatigued.
3. PICKUP/DELIVERY AND RETURN OF THE VEHICLE.
A) Europcar will supply the Vehicle to the Renter in good overall and operating condition, complete with all necessary documents. All necessary documents are defined as documentation required by law to use the Vehicle in the way the Renter has informed the Lessor at the time of reservation.
B) The Renter agrees to return the Vehicle to Europcar at the location and on the date and time designated in the Rental Agreement, in the same condition as rented, with the same documents and accessories.
C) The Renter will check the condition of the Vehicle when supplied by Europcar, and with his/her signature, will agree that it corresponds to the description given in the Vehicle Condition Report or the Agreement. The Renter must have a Europcar representative eliminate any difference between the Vehicles’ actual and the recorded condition before taking possession of the Vehicle. The Renter acknowledges that during the rental he/she will be responsible for the careful use, documents and accessories of the Vehicle as well as safe driving.
D) The Renter must return the Vehicle to the Europcar location designated in the Rental Agreement within the normal business hours of the location concerned. The Renter has the right to have a Europcar representative to check-in the vehicle during normal business hours and mark down any difference between the Vehicle's recorded check-out sheet. If the Renter does not use this right he/she will remain fully responsible for the Vehicle until Europcar personnel has taken de jure and de facto possession of the Vehicle. Europcar personnel will check-in the vehicle at first possible moment. If The Renter returns the Vehicle outside of these hours he/she must comply with the out-of office-hours return instructions for that location.
In case of out-of-office-hours return or when returning the vehicle keys and documents to Key-box the Renter will remain fully responsible for the Vehicle until Europcar personnel has taken de jure and de facto possession of the Vehicle. Europcar personnel will check-in the vehicle latest at the beginning of following business day.
E) If Europcar has agreed that the Renter may return the Vehicle to a place other than a Europcar rental location, he/she will remain fully responsible for the Vehicle until Europcar personnel actually takes possession of it.
F) If the Renter fails to return the Vehicle to the agreed return point at the time designated in the Rental Agreement, Europcar will add an additional day's charges to the rental charges for each and every 24-hour period of delayed return.
G) If the Renter returns the Vehicle but fails to return the Vehicle documents and/or keys to the agreed return point, Europcar will add an additional day's charges to the rental charges for each and every 24-hour period of delayed return till Vehicle documents and/or keys are returned to the agreed return point.
H) The Renter is obliged to pay a supplementary cleaning fee if the Vehicle requires a more thorough than Europcar standard cleaning at return.
4. RENTER'S RESPONISBILITY FOR LOSS OR DAMAGE.
A) The Renter will be held fully responsible for damage to, theft of or loss of the Vehicle and its parts during the rental period. The vehicle parts described here also include accessories supplied for the rental. The Renter may reduce that responsibility only according to insurances and waivers described in paragraph 4(B) and accepted by the Renter, when signing the Rental Agreement. The Renter's responsibility includes repair and/or replacement costs of the Vehicle or its parts, loss of Vehicle's market value, loss of rental revenue due repairs (counting a daily distance driven of 100 kilometers), parking and towing costs and administrative costs related to those costs. Europcar will organize Vehicle repairs as quickly as possible.
B) Assuming the Renter complies with all the terms of this Agreement and provided the damage, loss or theft of the Vehicle or its parts is not caused by an unauthorized driver or intentionally or by the gross negligence of an authorized driver, the Renter's responsibility will be limited as follows:
I) If the Renter has accepted Loss Damage Waiver (also known as “LDW”) in the Rental Agreement, his/her liability for damage and theft to the Vehicle or its parts is limited to the amount of the non-waivable excess stated in Agreement. The liability in the amount of the non-waivable excess applies for each such incident. If the Renter should be unable to present documents and keys of the Vehicle and its detachable radio or detachable front panel of the radio to Europcar in the event of theft of the Vehicle, he/she will be responsible in an amount that equals the purchase value of the Vehicle. Loss Damage Waiver does not exempt the Renter from his/her responsibility for damages to the vehicle interior.
II) Wheels and Windscreen Insurance - WWI takes effect in the following events:
when tires have puncture damages or holes; when rims or alloys are damaged or scratched; when wheel caps are damaged or scratched; when windscreen is damaged or scratched; when front lights are damaged or scratched.
III) If the Renter has accepted Super Loss Damage Waiver (“SLDW”) or Serenity Package (SPP) in the Rental Agreement, his/her liability for damage to the Vehicle or its parts, damage to the Vehicle or its parts resulting from vandalism as well as liability for theft or loss is limited to the amount of the non-waivable excess stated in Agreement. SLDW and SPP is available for purchase only if Loss Damage Waiver ("LDW") has been accepted as well. Serenity Pack plus is offered only at some Europcar locations – more information is available at the time of preparing the Rental Agreement.
IV) SLDW does not exempt the Renter from his/her responsibility for damages to the vehicle interior, vehicle tires, vehicle windscreen, front lights, lost accessories and extra equipment, lost vehicle keys and/or documents.
V) SSP does not exempt the Renter from his/her responsibility for damages to the vehicle interior, lost accessories and extra equipment, lost vehicle keys and/or documents.
C) The Renter is fully responsible for damages that are caused by the driver's inability to correctly judge the Vehicle height. The Renter is fully responsible for undercarriage damages (excludes wheels and tires). The responsibility can’t be waived even by accepting insurances as described in paragraph 4 (B).
D) For the loss of each accessory supplied for the rental period, the Renter is obliged to pay a penalty according to the valid price list of the Lessor. The responsibility can’t be waived even by accepting insurances as described in paragraph 4 (B).
E) If the Renter wishes to use his/her own insurances when renting a Vehicle, he/she is obliged to cover fully all costs caused by damage to, loss of and/or theft of the Vehicle and/or its parts. The Renter may be compensated by his/her insurance company only according to the contract between him/her and the insurance company.
5. USE OF THE VEHICLE.
A) The Vehicle may be driven only on conditions contained in paragraph 2 and this paragraph 5. The Renter is responsible for attentive use as well as observant driving and is obliged to use the Vehicle only for its designated purposes. If the Renter does not comply with these conditions, he/she will be fully liable for the loss and damage his/her behavior causes to Europcar or the rented Vehicle and will additionally lose the benefit of limited responsibility gained by any waivers or insurance selected. Europcar reserves the right to take back the Vehicle at any time, and at the Renter's expense, if he/she is in breach of this Agreement.
B) The Renter must lock the doors of the Vehicle and activate its anti-theft systems, if provided, when leaving the Vehicle. The Vehicle must be parked on areas designated for parking. If the Vehicle is equipped with a portable GPS-unit, it must be taken along and stored in a safe place, when leaving the Vehicle. Safety belts and child seats must be used according to the legislation of the country where the vehicle is being used..
C) The Renter must use the correct fuel and check the oil and other fluid gauges beyond 1000kms, refilling oil and other fluids as necessary. If the Renter experiences any problem due to accident or mechanical failure, he/she must contact Europcar immediately. The Vehicle may be serviced or repaired only with Europcar’s prior permission.
D) The Vehicle may not be used:
I) for carrying more people than allowed in its registration certificate or technical specifications;
II) for carrying more cargo than allowed in its registration certificate or technical specifications;
III) for towing or pushing of other vehicles (including trailers);
IV) for driving on terrain or roads that are not suitable for the Vehicle;
V) for carrying goods that are not properly fastened;
VI) for carrying goods or objects, the odor of which causes damage to the Vehicle or renders its immediate renting impossible;
VII) on rallies, test drives or racing events;
VIII) in violation of traffic and other regulations;
IX) for illegal actions;
X) for re-renting;
XI) for driving on areas where traffic is prohibited;
XII) for driving lessons;
XIII) for carrying people or cargo for business purposes;
XIV) for carrying animals. Transportation of animals is permitted only on prior agreement with Europcar in specially designed cages;
XV) in violation of paragraph 2 of the Conditions.
E) The Renter is obliged to inform the renting location about his/her driving route when signing the Rental Agreement. The Vehicle may be used on the territory of the renting county, except on following conditions:
I) The Europcar Vehicle may be driven to Finland, Estonia, Latvia, Lithuania, Poland and Sweden. With Europcar' prior consent, returning the Vehicle at Europcar locations in those countries is permitted. Driving to other EU countries is permitted with Europcar's prior consent only.
II) It’s prohibited to drive the Europcar Vehicle to Russia, Belarus, Ukraine and Moldova.
III) When driving a Europcar Vehicle in Estonia, Latvia, Lithuania, Finland, Norway, Poland and Sweden, the Renter must purchase an authorization stamp on his/her Agreement and pay the Border Crossing Fee for it according to the price list of Europcar.
IV) The Renter will be fully responsible for any damage or loss, including the repatriation costs of the Vehicle, caused to Europcar, the Vehicle, its parts and/or third parties, if he/she breaks any of the conditions in paragraph 5(E). That responsibility cannot be waived even by accepting any of the insurances described in paragraph 4(B).
V) Insurances described in paragraph 4(B) and accepted by the Renter do not cover damage to the engine, transmission and clutch if they have been caused by improper driving technique. The cause of those damages will be determined by inspection at an official dealership of the vehicle.
6. TERMS OF PAYMENT.
A) By signing the Rental Agreement, the Renter authorizes Europcar to debit all costs arising from completing of the Rental Agreement to his/her credit or charge card or any other method of payment accepted by the Lessor. Europcar has the right to preauthorize charging of an amount from the Renter's credit card that equals the sum of estimated rental charges, the non-waivable excess of the Vehicle, a tankful of fuel and refueling service charge.
B) The Renter is responsible for covering the entire cost of the Rental Agreement even if he/she has listed a third party as the payer.
A) Rental charges reflect the use of the Vehicle by the Renter on the conditions agreed on at the time of signing the Rental Agreement. The Rental Charges include the price of the rental and charges for supplementary services that the Renter has opted for and/or accepted at the time of reserving the Vehicle and/or signing the Agreement. All charges are taxable according to the legislation of the Renting country.
B) The basis for calculating rental charges are the tariff that is valid during reserving of the Vehicle and has been agreed on between the Renter and Europcar, and the price list of the Lessor. The Renter must meet the conditions of validity of that tariff. The conditions of validity include but are not limited to time of rental, minimum length of rental and existence of discounts.
C) Rental charges are calculated for a minimum period of 24 hours, unless the conditions of validity of the tariff agreed on at the time of signing the Agreement stipulate otherwise.
D) Rental days are calculated as 24-hour periods starting from the pickup time of the rental. An each next rental day will commence after the pickup time has been exceeded by more than 29 minutes.
E) Based on the Renter's actual use of the Vehicle, the rental costs may incur expenses that can’t be foreseen in the beginning of the rental. These may include costs related to not meeting the conditions of validity of the tariff, costs related to
missing the return time and/or location designated in the Agreement, costs of covering the loss of or damage to the Vehicle and/or its parts, the fee for refueling and the service charge related to it, costs for returning outside of office hours and/or a
Europcar location, costs for additional cleaning, costs of traffic and/or parking fines and the administrative fees related to them, costs originating from a breach of the Conditions of the Agreement and other costs that are related to the Renter's use of the
Vehicle but are not agreed on in the beginning of the rental. According to the signed Agreement, the Renter is obliged to pay for all those costs.
F) Final costs of the rental will be determined after the Vehicle has been returned.
8. REFUELING COSTS.
A) The Vehicle will be supplied to the Renter with a full tank of fuel. If the Vehicle is returned with less than a full tank of fuel, the Renter must pay a refueling service charge for missing fuel and the service of refueling according to the price list of the lessor. The missing fuel will be calculated on the fuel gauge scale of 1 to 8. Minimum quantity of missing fuel is 1/8.
B) If, when signing the Rental Agreement, the Renter has indicated his/her intention to purchase a full tank of fuel at the commencement of the rental (Fuel Purchase Option), he/she will pay for it in the amount indicated in the Rental Agreement or in the estimated charges presented to him/her, and may return the Vehicle without refilling its fuel tank. Fuel not used by the time of the Vehicle's return will not be refunded.
9. RESPONSIBILITY FOR PROPERTY.
Europcar takes no responsibility for the property and objects of the Renter, additional drivers and passengers that has been left in the Vehicle during its use or after that.
10. THIRD PARTY LIABILITY INSURANCE.
A) Third party liability insurance is included in the basic rental charge.
B) The third party liability insurance of Europcar vehicles meets all legal requirements and protects Europcar, the Renter and any authorized additional driver according to the law and conditions of that insurance.
C) The Renter is obliged to compensate Europcar for all the costs that arise from the claims of insurance providers if the use of the Vehicle did not meet the requirements stipulated in paragraphs 2 and 5.
11. DAMAGES, ACCIDENTS, THEFT AND VANDALISM.
A) The Renter is obliged to report any traffic accident, crash, theft of the Vehicle or its parts and/or any other incident the Vehicle is involved in to Europcar and on its demand the Police.
B) Without Europcar’s consent, the Renter must not accept any possible liability or free anyone from a possible liability after an incident. The Renter is obliged to take the names, telephone numbers and addresses of the witnesses and persons involved in the incident and may not settle with the collection of oral information only.
C) In the event of an accident, theft and/or vandalism, the Renter is obliged to fill in an accident, damage or theft report form. The Renter must also provide Europcar with a signed letter of explanation containing his/her account of the incident, and a copy of his/her driving license. When failing to present the documentation not even the insurances described in paragraph 4(B) and accepted by the Renter will free him/her of the responsibility in the amount of the purchase value of the Vehicle and/or other costs arising from the accident, theft and/or vandalism.
D) If the Vehicle is stolen, the Renter must hand the Vehicle keys, portable GPS-Unit, car documents and remote control of the Vehicle's anti-theft system over to Europcar. If the Renter fails to present the objects to Europcar or violates the conditions of paragraph 11 in any other way, not even the insurances described in paragraph 4(B) and accepted by the Renter will free him/her of the responsibility in the amount of the purchase value of the Vehicle and/or other costs arising from the accident, theft and/or vandalism.
E) The Renter is obliged to cooperate with Europcar and its insurance providers on the investigation of the traffic accident, theft and/or act of vandalism.
F) If weather conditions, darkness, time and/or location of the Vehicle return make it impossible for Europcar employees to discover the loss of Vehicle parts and/or damages the Vehicle and/or its parts have sustained during the rental, or if the discovery is difficult due to uncleanness of the Vehicle, location of the damages and/or initial location of the missing parts, then Europcar has the right to charge for loss or damage also after their discovery. In terms of this paragraph 11(F), Europcar has the right to claim compensation only for loss or damage that has been discovered no later than 15 days after the Vehicle has been returned by the Renter, provided the Vehicle has not been rented again during that time.
12. LIMITS ON LIABILITY.
Subject to paragraph 12(B), Europcar will not be liable to the Renter or any third party for any loss or damage arising from the rental unless the loss or damage are caused by the gross negligence or willful misconduct of Europcar. Europcar will not be liable for any indirect damages, consequential loss and loss of profits or special damages of any kind. Nothing in paragraph 12(A) will exclude or reduce the liability of Europcar for death or personal injury if they are caused by the gross negligence or willful misconduct of Europcar, or any other liability which cannot be excluded or reduced as a matter of law.
13. PARKING AND TRAFFIC FINES.
A) The Renter is fully responsible for all traffic and parking fines obtained during the rental and any other breach of law and its consequences.
B) If the Renter receives traffic or parking penalty during his/her rental, Europcar must be informed about this at the end of the rental.
C) If the fines described in paragraph 13(A) are paid by Europcar, the Renter must compensate Europcar for them and also pay the interests, legal and administrative costs related to them according to the price list of the Lessor.
D) Upon Renter's request, Europcar will supply him/her with a copy of any violation notice that originate from his/her use of the Vehicle and have been paid by Europcar.
14. SUMMARY OF OPTIONAL SERVICES.
A) Vehicle rental charges are a combination of services included in the basic rate and optional services according to the vehicle group reserved. The Renter may purchase/accept optional services in addition to the reserved ones.
B) The Renter is not guaranteed a Specific model of a car but a Vehicle from a vehicle group distinguishable by certain features. For additional fee, the Renter may choose a vehicle from a group other than reserved if possible at the renting location. Europcar vehicle groups are divided into following classes: Economy, Compact, Intermediate, Standard, Premium, Full-size and Luxury.
C) Specific information about insurances as optional services is given in paragraphs 4 and 15 of these Conditions.
15. PERSONAL ACCIDENT INSURANCE.
A) Personal Accident Insurance (international abbreviation: "PAI") corresponds to all requirements Europcar has effectuated on this insurance and its limits. The policy is insured in accordance with the customs and legislation of renting county. Any dispute over the policy will be settled in local language, according to local customs and law of the renting country.
B) Personal Accident Insurance takes effect in the following events:
I) Loss of life caused by an accident whilst in, entering or exiting the Vehicle;
II) Expenses for medical and emergency room treatment resulting directly from an accident in which the Vehicle is involved.
C) Exclusion for Personal Accident Insurance:
I) war, civil war, revolution;
II) Self-inflicted injury, suicide or an insured person’s own criminal act;
III) Severing of a pre-diagnosed illness, a chronic medical condition, pregnancy;
IV) Taking part in a rally, test drive or race;
V) Use of the Vehicle for purpose other than listed in paragraph 5 of the Conditions;
VI) Taking aboard hitchhikers;
VII) Active military, air force or naval service.
16. PERSONAL INFORMATION.
A) By signing the Rental Agreement, the Renter allows Europcar to store his/her personal information and data of the Rental Agreement, and process them according to Europcar needs that include statistical analysis, credit check and protection of Europcar property. In case of a breach of the Agreement by the Renter, Europcar may make that information public and forward it to third parties according to the need of eliminating the damages Europcar has sustained due to that breach of the Agreement, and to eliminate the damage in the future.
B) The Renter is aware that if a Contract Number (price code) is used by him/her, when renting the Vehicle, Europcar has the obligation of sharing his/her personal information with the company or institution that owns the Contract Number.
C) The Renter has the right of reviewing his/her information Europcar has stored.
17. VALIDITY OF THE CONDITIONS.
A) Europcar reserves the right of changing the Conditions unilaterally and without prior notice.
B) Breach of any of the paragraphs in the Conditions will not void the Agreement and will not free Europcar nor the Renter from fulfilling their obligations according to rest of the Conditions.
C) Any dispute between Europcar and the Renter will be settled between the parties. If a settlement cannot be reached, the dispute will be settled in court according to the legislation of the Republic of Latvia.
18. FINES AND ADMINISTRATION FEES.
A) Europcar will charge 1639.34 € excluding VAT administration fee in addition to all expenses for traffic violations which have lead to confiscation of the vehicle or it's parts by legal authorities.
B) Speeding and parking fines administration fee per fine is 12.50 € excluding VAT.
C) Using/returning vehicle in restricted country Europcar will charge 1639.34 € excluding VAT administration fee in addition to all collection expenses.
D) For returning vehicle in restricted parking premises Europcar will charge 12.50 € excluding VAT administration fee in addition to all parking expenses.
E) Administration fee in the event of an accident - 32.00 € excluding VAT
F) All Europcar vehicles are non-smoking, fine – 200€
G) Fine for lost vehicle keys - 400€
H) Fine for lost vehicle documents - 230€
I) Fine for broken tire - 200€
J) Fine for lost or broken extra equipment - 200€
K) Fine for lost or broken vehicle interior parts and equipment - 500€
L) Dry cleaning of a vehicle interior - 200€
M) Fuel liter price - 2.40€ excluding VAT