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General terms and conditions

KBE, s.r.o., Černyševského 10, 851 01 Bratislava, ID: 51 145 006, Recorded in the OR of the Municipal Court Bratislava III, section Sro , insert number: 123071/B

 

  1. These General Terms and Conditions (hereinafter referred to as "GTC") are binding for both the lessee and the lessor. In case of deviation from the Rental Agreement, the provisions in the agreement take precedence.

     

  2. Reservation: The interested party fills out the reservation form, or contacts the company representatives. Entering a reservation is non-binding. The lease is established only after a written agreement, or after concluding the Lease Agreement and after paying the first rent and refundable deposit. The interested party is further the Tenant.

     

  3. Responsibilities of the lessee: The lessee is obliged to hand over the rented vehicle clean inside and out, otherwise the lessee is obliged to pay a contractual fine of €20 to the lessor and the lessee will be responsible for all damages found on the vehicle after it has been washed. In the case of handing over a heavily polluted rented vehicle, the lessee is obliged to pay the lessor a contractual fine of €120, in the case of an empty fuel tank when handing over the vehicle, the lessee is obliged to pay the lessor a contractual fine of €50 + the cost of refueling the vehicle. It is forbidden to smoke, transport animals, transport polluted things in the vehicle, and in case of violation of this condition, the tenant is obliged to pay a contractual fine of €300 to the landlord for each such violation. The lessee undertakes that in case of non-observance of vehicle service inspections or in case of improper use of the vehicle, the lessee is obliged to pay the lessor a contractual fine in the amount of €1000 and all damages incurred to the vehicle which will be billed by the lessor to the lessee. In the event that the lessee causes damage to the rented motor vehicle through his negligence, he is obliged to reimburse the lessor in full for the costs of their removal. If, upon returning the vehicle, the lessee does not hand over the necessary documents, documents for the vehicle or its parts, keys, accessories and other items related to the subject of the lease, the lessee is obliged to reimburse the lessor for the costs associated with procuring compensation in full, and the lessee is also obliged to pay compensation to the lessor damage - lost profit, due to the impossibility of renting a motor vehicle, in the amount corresponding to the usual amount of rent for the period during which, for these reasons, the lessor could not further rent the motor vehicle. If the lessee is late in returning the rented motor vehicle, the lessee is obliged to pay the lessor a contractual penalty in the amount agreed in the motor vehicle rental contract. If the tenant is in arrears with the payment of the rent, the tenant is obliged to pay the landlord interest on the delay in the amount of 0.5% of the owed amount for each day of delay. The lessee is obliged to allow the lessor access to the object of the lease at any time, and in the case of a long-term lease, the lessee is obliged to bring the vehicle to the service designated by the lessor for the prescribed maintenance inspections at the agreed date.

     

  4. Use of the vehicle: The vehicle is used by the lessor for business purposes. The vehicle that is the subject of the lease is authorized to drive exclusively by the person named in the lease agreement as the lessee and the lessee - a legal entity, may designate his own employees authorized to use the motor vehicle, at the same time he must notify the lessor in writing which employees will be authorized to drive the leased motor vehicle (name and surname of the employee, date of birth and place of residence of the employee). The lessee is not authorized to create any security or other right to the vehicle in favor of a third party, nor to enable such an action to another person. The lessee may not: 1. to transport goods in violation of customs regulations or to use a vehicle in any other illegal way, 2. to drive outside the road designated for driving passenger motor vehicles 3. to drive on unpaved non-asphalt roads, 4. to transport passengers or property for a fee, 5. to drive or tow any vehicle or semi-trailer, 6. drive in automotive sports events, 7. drive the vehicle under the influence of alcohol or other intoxicating substances, 8. drive the vehicle outside the territory of the Slovak Republic without the lessor's written consent, 9. the lessee may not repair or dismantle any parts of the vehicle , or use the vehicle in another illegal way, and in case of violation of any of these provisions, the lessee is obliged to pay the lessor a contractual fine of €1,000 for each violation of such an obligation, and at the same time, the lessee is obliged to reimburse the lessor for the costs of compensation for damage caused by the breach of obligations according to point 3 of these GTC to the lessee.

     

  5. Accident, damage to the vehicle, traffic violations: In the event of an accident, damage, theft or destruction of the vehicle during the duration of the Motor Vehicle Lease Agreement, the lessee is obliged to report such an event to the police and at the same time notify the lessor of this fact, and at the same time present the lessor with proof of fulfillment of this obligation, otherwise, the lessee is obliged to pay the lessor compensation for damage in the full amount of the damage to the motor vehicle. In the event of damage, the tenant is obliged to immediately inform the landlord and contact the police. The lessee is entitled to repair the damage or remove the damage himself, only with the explicit and written consent of the lessor. If the cause of the damage or the insurance company does not recognize the claim for damage compensation, the lessee is obliged to pay compensation for the damage, which will not be covered on the basis of the lessor's valid accident insurance. In case of damage, accident, or theft of the vehicle, the lessee undertakes to pay to the lessor as a contractual penalty the lessee's contribution to the damage, which amounts to €330 or 10% of the total damage, whichever is higher, for each individual damage event separately. For each individual damage to the vehicle, the lessor has the right to claim against the lessee, in addition to the contractual fine (participation of the lessee in the damage), an administrative fee in the flat amount of €90 for administrative actions connected with the damage to the vehicle. In the event of an accident or damage to the vehicle caused by the lessee or persons to whom the lessee has allowed access to the vehicle, the lessee shall pay the rent in the same way as for the proper use of the vehicle, for the time required to repair the vehicle, but no more than one month from the date of the accident. In the event of an accident, breakdown or damage to the vehicle, the lessee is obliged to bring the vehicle to the lessor's premises within 24 hours of such an event, even if the vehicle is immovable, unless otherwise agreed with the lessor in writing. In case of non-fulfilment of the obligation according to the previous sentence, the lessor will ensure delivery of the vehicle to the lessor's headquarters, in such case the lessee is obliged to pay the lessor the costs associated with bringing the vehicle to the lessor's headquarters in full, and at the same time this will be considered a breach of contract and failure to hand over the vehicle on time into the hands of the lessor. The renter declares that he is aware that the vehicle insurance does not cover tires, rims and the interior of the vehicle. The lessee is obliged to compensate the lessor for damages caused by damage to tires, discs or the interior of the motor vehicle during the rental period, in full. In the event that the damage to the vehicle was caused by another vehicle, the details of which as well as the details of the at-fault driver are provided to the lessor, properly identified and documented in the police report on the accident/damage to the vehicle, and the lessee has complied with all contractual conditions, the lessee does not pay any co-payment except for the administrative a fee in the flat amount of €90 for administrative actions connected with vehicle damage . In case of theft of the vehicle, the lessee is obliged to immediately contact the police and the lessor. If, in the event of theft of the vehicle, the lessee will not be able to prove it with valid documents and vehicle keys taken from the lessor, or if it is proven that the vehicle was not properly secured, the lessee is obliged to pay the lessor a contractual fine in an amount equal to the difference between the purchase price of the vehicle and the amount of the corresponding insurance companies. Furthermore, the lessee undertakes to pay 100% of the rental rate according to the lessor's price list, until the insurance company fulfills the agreed contractual penalty. In the event that the lessor receives a notification about the commission of a traffic offense committed by the lessee during the duration of the lease, the lessee is obliged to pay the relevant fine and all associated sanctions and an administrative fee in the flat amount of €50 within 7 days from the delivery of this notice to the lessor for the administration of the offense by the lessor. In case of payment of the fine by the lessee within 48 hours of this request directly to the authorities of the state, the lessee shall not pay the lessor the fee for the administration of the offense according to the previous sentence within ten (10) days from the notification of this fact to the lessor.

     

Special contractual provisions: The due date of contractual fines according to points 2 and 3 and 4 of the General Terms and Conditions is ten (10) calendar days from the date of delivery of the written notification of the claim for the payment of contractual fines according to points 2 and 3 and 4 of the General Terms and Conditions by the lessor to the tenant. The lessor has the right to issue and send an advance invoice for the contractual fine according to points 2 and 3 and 4 of the GTC to the lessee together with a written notification of the claim for payment of the contractual fine. The lessor reserves the right to terminate the lease agreement at any time without giving a reason. The motor vehicle rental contract can be terminated: (a) by written agreement of both contracting parties, (b) the lessor has the right to withdraw from the motor vehicle rental contract in case of violation of any of the lessee's obligations stated in the motor vehicle rental contract or in the General Terms and Conditions; withdrawal in this case becomes effective on the date of delivery of the written/email notice to the lessee. Both the motor vehicle rental contract and the GTC are governed by the legal order of the Slovak Republic. The motor vehicle rental contract can only be changed by means of a numbered written amendment signed by both contracting parties. The possible invalidity of individual provisions of the rental agreement does not result in the invalidity of the entire agreement. The written form is preserved in case of delivery of documents by e-mail or fax or by post or courier service. If the mail is not received within the collection period, the shipment is considered delivered on the day it is deposited at the post office, in the case of delivery by mail, the day after the mail is sent. With his signature, the lessee confirms that he has understood and agrees with this Agreement and GTC. The lessee confirms that he has been informed or that he has informed the drivers who will use the vehicle, which is the subject of the lease, with the content of the Terms of Privacy Protection, by which the lessor fulfills his information obligations according to Art. 13 and Art. 14 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in the processing of personal data and on the free movement of such data, which repeals Directive 95/46/EC (General Data Protection Regulation). The terms of privacy protection are delivered electronically to the email address specified by the lessee immediately after placing the online order or are available at any time in written form at the lessor's premises during the conclusion of the motor vehicle rental agreement.

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