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General Car Hire Rental Terms and Conditions
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GENERAL TERMS AND CONDITIONS OF THE CAR RENTAL AGREEMENT
In the current Rental Agreement, the Renter is the person renting the Vehicle specified in the Agreement (hereinafter referred to as the Vehicle) from the Rental Company ABC Rent Estonia Ltd (hereinafter referred to as the Company).
1.
Definitions,
Substance of the Agreement and Object of Regulation
1.1.
The following abbreviations and definitions are used hereinafter in the
Agreement:
1.1.1.
The Terms and Conditions – the present standard terms or conditions of
rent of the Vehicle which are the basis for rent and use of the Vehicle;
1.1.2.
The Car Hire Company – the company stated on the front page of the
Agreement;
1.1.3.
The Renter – the person stated on the front page of the Agreement, who
received the Vehicle for use from the Car Hire Company according to the present
Agreement;
1.1.4.
The Agreement – the rental agreement concluded between the Car Hire
Company and the Renter, which consists of the present Terms and Conditions and
the special terms and conditions stated on the front page; T
1.1.5.
he Vehicle – the Vehicle stated on the front page of the Agreement, the
right of use of which belongs to the Car Hire Company, and which the Car Hire
Company provides to the Renter for use according to the Agreement.
1.2.
The present Terms and Conditions establish the rights and obligations of
the Renter during use of the Vehicle. The Renter is aware that the right of use
of the Vehicle belongs to the Car Hire Company, and that the Renter does not
have powers for transfer of the rights and obligations accepted by him or her
by conclusion of the Agreement to third persons (among other, for transfer of
the right to the Vehicle). Rent or transfer of the Vehicle to third persons is
permitted only on the basis of a prior written agreement with the Car Hire
Company. The Car Hire Company allows the Renter to use the Vehicle in
accordance with the present Terms and Conditions.
1.3.
The Car Hire Company makes the present Terms and Conditions available to
the Renter not later than at the time of conclusion of the Agreement. By
signature of the Agreement the Renter confirms and the Renter has read and
understood the present Terms and Conditions, and that the Renter undertakes to
comply with them.
1.4.
The Agreement is concluded for use of one Vehicle during the period
stated in the Agreement and until return of the Vehicle into direct possession
of the Car Hire Company ("the period of rent”). Provisions of the Terms and
Conditions do not become invalid following return of the Vehicle, if their
continued validity arises from their substance.
2.
Conditions of Use of the Vehicle
2.1.
According to the Agreement, only the Renter and/or other persons who
were included in the Agreement by the Car Hire Company as additional drivers
are allowed to drive the vehicle. The Renter and the additional driver stated
in the Agreement must possess a driver's license valid in the Republic of
Estonia (not the initial driver's license), and he or she must have at least 2
years of driving experience and be at least 22 years of age. Driving of the
vehicle is prohibited for the person (including the Renter):
2.1.1.
who does not comply with the requirements established by the Car Hire
Company or by the law regarding validity of the driver’s license, age of the
person and/or other possible restrictions;
2.1.2.
who is under influence of alcoholic, narcotic or other substances, which
impede consciousness and delay reaction ("state of intoxication”), or who is
too tired, or whose health condition does not correspond to the requirements
arising from the law.
2.2.
The Renter is responsible for prudent use and careful driving of the
Vehicle, and he or she undertakes to use the Vehicle only according to its
designated purposes. The Car Hire Company reserves the right to return the
Vehicle into its direct possession at any time, if the Renter does not perform
the Terms and Conditions of the Agreement.
2.3.
When leaving the Vehicle, the Renter undertakes to lock the Vehicle and
to turn on the alarm system, if the Vehicle is equipped with it. The Vehicle
must be parked in a place designated for parking. If the Vehicle is equipped
with a removable GPS device, the driver must take the device with him or her
when leaving the Vehicle and keep it in a secure place. The Renter must not
leave valuable items at a visible place in the vehicle. Safety belts and the
child-restraint seat must be used according to the legal instruments applicable
in the country where the Vehicle is used, and the Renter is responsible for
correct installation and use of safety equipment.
2.4.
The Renter undertakes to use fuel that is
suitable for the Vehicle, and if a warning indicator is lit when the Vehicle is
started, to check the level of oil and other liquids, and to contact a
representative of the Car Hire Company.If the Vehicle gets into a traffic accident or starts to malfunction, the Car
Hire Company has to be immediately informed thereof via telephone. The Vehicle
can be taken to a service or repair shop only under a prior permission of the
Car Hire Company. It is also forbidden for the Renter to repair the Vehicle on
his or her own.
2.5.
It is forbidden to use the Vehicle:
2.5.1.
for transport of more people than permitted in the registration
certificate or technical specification of the Vehicle;
2.5.2.
for transport of a load that is heavier than permitted in the
registration certificate or technical specification of the Vehicle;
2.5.3.
for pushing or towing other vehicles (including trailers) or other
objects;
2.5.4.
for driving in off-road conditions or on roads that are not designated
for the Vehicle;
2.5.5.
for transport of items that have not been properly attached and fixed;
2.5.6.
for transport of items, transport of which damages the Vehicle of the
interior of the Vehicle, or makes it impossible to immediately provide the
Vehicle for rent again (including, for example, smell, smoke, strong stains,
dirty cabin, scratched parts, etc.);
2.5.7.
for participation in rallies, test drives and competitions;
2.5.8.
in breach of the Traffic Act and other legal instruments in force;
2.5.9.
for actions contrary to the law;
2.5.10.
for sub-renting;
2.5.11.
for driving in areas where traffic is prohibited;
2.5.12.
for practice driving;
2.5.13.
for provision of taxi or shared travel services;
2.5.14.
for transport of animals.
2.6.
When concluding the Agreement, the Renter undertakes to inform the Car
Hire Company of the length of his or her travel route. The Vehicle can be used
only in the territory of the Republic of Estonia, if the Agreement does not
include a note permitting crossing of the state border. In case of breach of
this restriction the Renter is fully liable towards the Car Hire Company for
any damage caused to the Vehicle and/or its parts, and/or damage or injury
caused to third persons, including for the costs of return of the Vehicle to
Estonia. Application of the limitations of liability described in Section 4.2.
does not release the Renter from such liability.
2.7.
Smoking, consumption of alcoholic
drinks and other narcotic substances in the Vehicle is prohibited.
2.8.
The Renter is aware that a GPS search system is installed in the
Vehicle, allowing the Car Hire Company, if necessary, to identify location and
speed of the Vehicle, activate its alarm system, activate blinking hazard
lights and shut down the engine during the trip. The Car Hire Company has the
right to search for the Vehicle that was not returned by the due time using the
GPS search system, and, if necessary, to prevent its further movement and
communicate the information regarding location of the Vehicle received through
the search system to the police, to the owner of the Vehicle, to the insurer,
and, if necessary, to authorized partners of the Car Hire Company used by the
Car Hire Company for searching for Vehicles.
2.8.1.
During the effective
period of the Agreement the Car Hire Company does not use the GPS search system
of the Vehicle, and does not monitor movement of the Vehicle, unless it has a
legitimate reason to suspect or it has received information that the Renter has
materially breached the Agreement (for example: the Vehicle is in a country
which it is not allowed to enter according to the Agreement), or if it is
required by the police or any other institution/insurer of the Vehicle/owner of
the Vehicle.
3.
Transfer and Return of the Vechicle
3.1.
The Car Hire Company transfer to the Renter the Vehicle in an operating
condition together with documents required for driving. The documents required
for driving include documents that are required for use of the Vehicle by law,
according to the information provided by the Renter to the Car Hire Company
during booking of the Vehicle. Usually the documents required for driving are a
copy of the registration certificate and the Agreement.
3.2.
The Renter undertakes to return the Vehicle to the Car Hire Company in
the place, on the date and at the clock time stated in the Agreement, and the
Vehicle must be equipped in the same way and have the same documents as at the
time of transfer of the Vehicle to the Renter.
3.3.
The Car Hire Company has the right to early cancellation of the
Agreement if it discovers that the Renter has materially breached the Terms and
Conditions of the Contract, or submitted incorrect information to the Car Hire
Company when he or she rented the Vehicle,
or does not manage to properly use the Vehicle. If the Car Hire Company demands
early termination of the Agreement on the grounds described in the present
Section, the Renter undertakes to immediately return the Vehicle to the Car
Hire Company.
3.4.
The Renter checks condition of the Vehicle when it is transferred by the
Car Hire Company, and the Renter confirms with his or her signature on the
front page of the Agreement that the Vehicle corresponds to descriptions
provided in the Agreement. If the Renter
identifies differences between descriptions provided in the Agreement and the
actual condition of the Vehicle, the Renter must let the Car Hire Company make
respective notes in the Agreement. During the period of rent the Renter is
responsible for prudent use of the Vehicle, for careful driving, for additional
equipment and documents required for driving, as well as for regular cleaning
of the Vehicle during the period of rent.
3.5.
The Renter undertakes to return the Vehicle to the office of the Car
Hire Company stated in the Agreement during its business hours. During the
business hours the Renter has the right to demand from the Car Hire Company to
inspect the Vehicle and record new faults. If the Renter waives this right, the
Renter is responsible for the Vehicle until the time when the Car Hire Company
performs inspection of the Vehicle and takes it into its direct possession. If
the Renter returns the Vehicle outside the business hours, the Renter must
observe the rules of return of Vehicles outside the business hours effective in
the given Car Hire Company. In case of return outside the business hours or in
case of return of the keys and the documents to the "key box”, the Renter is
responsible for the Vehicle until the time when direct possession of the
Vehicle was accepted by the Car Hire Company. Direct possession of the Vehicle
is deemed as having been accepted by the Car Hire Company, if the Car Hire
Company received the keys of the Vehicle and had an opportunity to inspect the
Vehicle (not later than within 72 hours after the time of return of the Vehicle
stated in the Agreement).
3.6.
If the Renter and the Car Hire Company agreed that the Vehicle will be
returned in a place other than the office of the Car Hire Company, the Renter
is responsible for the Vehicle and bears all possible costs related to the
Vehicle until the time when the Car Hire Company accepted the Vehicle into its
direct possession.
3.7.
If the Renter does not return the Vehicle in the agreed place at the
time of return stated in the Agreement, the Renter pays for every starting
24-hour period the rental charge for one day stated in the Agreement
(additional days of rent are calculated according to Section 5.3.).
3.8.
If the Renter returns the Vehicle, but does not return the documents
and/or keys of the Vehicle in the agreed place, the Renter pays for every
starting 24-hour period the rental charge for one day stated in the Agreement
(additional days of rent are calculated according to Section 5.3.), until he or
she returns the keys and the documents to the agreed place.
3.9.
The Renter undertakes to pay an additional charge for cleaning of the
Vehicle, if after the Vehicle is returned the Car Hire Company has to use a
more thorough cleaning than the standard one. The amount of the additional
charge depends on the actual cost of cleaning performed by the service provider
selected by the Car Hire Company at own discretion.
3.10.
If the Renter returns
the Vehicle having exceeded the agreed mileage limit stated on the front page
of the Agreement, the Renter undertakes to pay to the Car Hire Company the
charge stated on the front page of the Agreement per every kilometer exceeding
the permitted limit.
3.11.
If weather conditions,
darkness, place and/or time of return of the Vehicle do not allow the Car Hire
Company to discover loss of parts of the Vehicle, and/or damage caused to the
Vehicle and/or to its parts during the period of rent, or if it is harder to
make such discovery due to dirty condition of the Vehicle, location of the
damage and/or initial location of the missing parts, the Car Hire Company has
the right to demand from the Renter reimbursement of the damage also if such
damage is discovered only after acceptance of return the Vehicle. The Car Hire
Company has the right to demand, on the basis of the present Section,
reimbursement of only such damage which was discovered not later than within 72
hours after acceptance of the Vehicle, under condition that during that time
the Vehicle was not already rented to another person.
4.
Liability of the Renter
4.1.
During the period of rent the Renter is fully liable for damage, theft
and loss of the Vehicle and its parts. Parts of the Vehicle also include
additional equipment provided together with the Vehicle. The Renter is not
liable for damage only in the extent in which such damage is reimbursed to the
Car Hire Company by the insurer (for example, reimbursements provided by motor
third party liability insurance), or for which the Renter is not liable
according to limitation of liability chosen by him or her and stated on the
front page of the Agreement or included in the price of rent. If the Renter
breaches the Agreement, no limitation of liability is applied, and in such case
the Renter reimburses to the Car Hire Company all damage incurred by it. If a
respective limitation of liability was not chosen or is not applicable due to
another reason, the Renter reimburses to the Car Hire Company, among other, the
cost of repair and/or replacement of the Vehicle or its parts, the revenue from
rent lost due to repair or replacement of the Vehicle, the costs of parking and
removal of the Vehicle, and the resulting administrative costs. The Car Hire
Company has the right to choose at own discretion an insurer or extent of
insurance protection, a repair company for the Vehicle, a seller of a
replacement Vehicle or parts, or another service provider.
4.2.
If the Renter has duly performed
all Terms and Conditions of the Agreement, and damage, loss or theft of the
Vehicle or its parts was not caused by an unauthorized user or due to
negligence or intent of an authorized user (including consumption of alcoholic,
narcotic, toxic, psychotropic or other intoxicating substances), liability of
the Renter is limited as follows, provided that limitation of respective
liability is stated on the front page of the Agreement.
4.2.1.
if the super additional insurance ("SCDW”) applies, in case of damage,
theft or loss of the Vehicle or its parts excess is not applied to the Renter
or is reduced to the agreed degree. SCDW is applicable only subject to prior
acceptance of CDW and THW. SCDW does not release the Renter from liability in
case of damage to the cabin and loss or damage to additional equipment. The
super additional insurance does not cover tires.
If the limitations of liability stated in Subsection 4.2. of the Agreement are
applicable, the Renter pays excess to the Car Hire Company separately for every
event.
4.3.
The Renter is fully liable for damage caused to the Vehicle due to
inability of the driver to consider the height or clearance of the Vehicle.
Application of the limitations of liability described in Section 4.2. does not
release the Renter from such liability.
4.4.
The limitations of liability described in Section 4.2. do not apply to
malfunctions of engine, transmission and clutch, if they were caused due to use
of incorrect driving technique. The cause of damage is established by an expert
examination performed by the official dealer of the Vehicle in Estonia.
4.5.
For every puncture of a tire
during the period of rent the Renter undertakes to pay the penalty according to
Section 10.
4.6.
For every case of loss of additional equipment provided together with
the Vehicle for the period of rent the Renter undertakes to pay the penalty
according to Section 10. Application of the limitations of liability described
in Section 4.2. does not release the Renter from such obligation.
4.7.
The Renter undertakes to pay to the Car Hire Company the penalty
amounting to the rental charge for up to 30 days, for the downtime caused by
temporary inoperability of the Vehicle resulting from the damage caused to the
Vehicle due to an accident or other incident that happened due to the Renter’s
fault. Downtime is calculated from the day of the accident or the day when the
damage was caused, until the day when the Vehicle was taken back into
operation.
5.
Charges and Terms of Payment
5.1.
The rental charge is the price of the use of the Vehicle under the Terms
and Conditions agreed upon at the time of signature of the Agreement. The
rental charge includes the rent and charges for additional services (including
limitations of liability) that were accepted by the Renter and stated on the
front page of the Agreement. All charges are subject to taxation according to
the legal instruments of the Republic of Estonia.
5.2.
The rental charge is calculated on the basis of the price of rent
effective at the time of booking of the Vehicle or conclusion of the Agreement,
together with the prices of services included in the price of rent, and on the
basis of the pricelist for additional services which is available to the Renter
on the website and in the office of the Car Hire Company. 3.1 The Renter
undertakes to perform the terms of validity of the price of rent. The terms of
validity of the price include the terms of the period of rent, minimum duration
of rent, available discounts, etc. In case of extension of the Agreement,
calculation of the rental charge is based on the price of rent valid at the
time of extension, which will be applicable to the entire period of extension.
Booking of the Vehicle does not guarantee that the Renter will receive a
specific car model (including color). It only guarantees that the Renter will
receive a Vehicle belonging to a vehicle group distinguished on the basis of
specific conditions. The Renter can choose a Vehicle that is different from the
booked vehicle group for an additional charge.
5.3.
Days of rent are calculated as
24-hour periods starting from the starting time of the period of rent of the
Vehicle. Every following day of rent starts on the next day at the clock time
when the Vehicle was provided on the first day, and 20% of the price of rent
for one day of rent is added for every kilometer exceeding the permitted limit.
If the start of the day of rent is exceeded by more than five hours, the Renter
undertakes to pay the entire price of the day of rent.
5.4.
If the Renter returns the Vehicle to the Car Hire Company before the
date stated in the Agreement, the price of rent is calculated according to the
prices applicable to a shorter (actual) period of rent stated in the pricelist.
5.5.
Based on the actual use of the Vehicle by the Renter, costs that could
not have been foreseen at the start of the period of rent can be added to the
rental charge. Such costs include costs related to failure to observe the terms
of validity of the price of rent, costs related to failure to observe the time
and/or place of return stated in the Agreement, costs related to reimbursement
of damage caused to the Vehicle and/or its parts, charge for filling the tank
and resulting service charge, costs resulting from return of the Vehicle
outside the business hours and/or office of the Car Hire Company, costs of
additional cleaning, costs of traffic and parking fines and resulting
administration costs, costs arising from breach of the Terms and Conditions of
the Agreement, and other costs arising from the use of the Vehicle by the
Renter, unless the Car Hire Company and the Renter agreed otherwise. The Renter
undertakes to pay all the above costs in full.
5.6.
Final monetary obligations of the Renter are established after return of
the Vehicle.
5.7.
Deposit is paid by the Renter as earnest money for confirmation of
conclusion of the Agreement and as a security of its performance. The Car Hire
Company has the right to use the security to offset costs of rent services or
other costs arising during the period of rent, or any respective damage.
5.8.
The Car Hire Company has the right to demand from the Renter payment of
the rental charge and
the security on the basis of the effective pricelist.
5.9.
By completion of the booking the Renter provides to the Car Hire Company
the right to debit all obligations arising from the Agreement (rental charge,
security) from the credit card, payment card of the Renter, or using another
payment method accepted by the Car Hire Company.
5.10.
The Car Hire Company
has the right to deposit (or pre-authorize) the amount equal to the minimum
cost of rent, excess, cost of a full tank and filling service charge.
5.11.
In order to cancel the
booking the Renter must submit an application at the office of the Car Hire
Company located at the address Paldiski mnt 105, Tallinn, or
send it to the e-mail address info@abcrent.ee.
5.12.
If the booking is
cancelled not later than 48 hours before the start of the booking, the
cancellation charge is 10% of the cost of booking, however, not less than the
price of rent for one day.
5.13.
If the booking is
cancelled later than 48 hours before the start of the booking, or in case of no-show of
the Renter, the cancellation charge is 100% of the cost of booking, i.e. all
prepaid amounts (including security) are not subject to refund in any case.
5.14.
If the booking is
cancelled due to circumstances caused by the Renter (for example, among other,
due to absence of the driver’s license and/or other documents, absence of a
suitable bank card or funds, submission of incorrect data, etc.), the
cancellation charge is 100% of the cost of booking, i.e. all prepaid amounts
are not subject to refund in any case.
6.
Fuel and Mileage Limit
6.1.
The Renter undertakes to pay for all
fuel consumed by the Vehicle during the period of rent. The Car Hire Company
undertakes to provide the Vehicle for rent with a full fuel tank, unless the
Agreement provides otherwise, and the Renter undertakes to return the Vehicle
with the full fuel tank, unless the Agreement provides otherwise. If the
tank of the returned vehicle is not full, the Renter must pay for the lacking
fuel and for filling according to Section 10.1.12.
6.2.
The Renter undertakes to
observe the mileage limit stated on the front page of the Agreement. In case of
failure to observe the mileage limit the Renter must pay the charge for every kilometer
exceeding the mileage limit according to Section 10.1.13.
7.
Damage,
Accidents, Theft and Vandalism
7.1.
The Renter undertakes to immediately inform the Car Hire Company via
telephone of any traffic accident, accident, theft, damage to the Vehicle
and/or its parts, and/or of any other incident that happened to the Vehicle,
and to report such cases to the police, if the Car Hire Company demands that.
In case of a technical malfunction that happened outside the operating time the
Renter must call the car assistance number attached to the documents of the Vehicle
and inform the Car Hire Company thereof at first opportunity.
7.2.
The Renter undertakes to record the names, telephone number and
addresses of participants in the incident and witnesses of the incident (i.e.
collection of oral information only is insufficient), and, if possible, to take
pictures of the place of the accident, and, in case of a traffic accident, to
complete the traffic accident form (located in the glove compartment of the
Vehicle), and to forward all information to the Car Hire Company at first
opportunity. In case of deformation or heavier damage to the Vehicle, or where
towing is necessary, the Renter calls the car assistance number attached to the
documents of the Vehicle.
7.3.
In case of an accident, theft and/or vandalism the Renter undertakes to
complete and submit to the Car Hire Company a statement of accident or theft.
The Renter also undertakes to submit to the Car Hire Company a signed letter of
explanation that includes his or her description of the incident and a copy of
the driver’s license. If the Renter fails to submit the required documents, the
Renter is liable in the amount of the initial acquisition cost of the Vehicle
and other damage resulting from the accident, theft and/or vandalism (in such
case neither of the limitations of liability descried in Section 4.2. is applicable).
7.4.
In case of theft of the Vehicle the Renter must transfer to the Car Hire
Company the keys, a copy of the registration certificate and other documents of
the Vehicle. If the Renter does not submit all required items to the Car Hire
Company, or does not comply with other requirements stated in Section 7,
neither of the limits of liability described in Section 4.2. releases the
Renter from liability, and the Renter undertakes to reimburse to the Car Hire
Company the initial acquisition cost of the Vehicle and other damage arising
from theft of the Vehicle (including lost profit referred to in Section 4.1.).
7.5.
The Renter undertakes to cooperate with the Car Hire Company, its
insurers and law enforcement authorities in the course of investigation and
resolution of legal issues arising from a traffic accident, theft and/or act of
vandalism.
8.
Liability
of the Car Hire Company
8.1.
The Car Hire
Company is not liable for any losses or damage arising from rent of the Vehicle
caused to the Renter or third persons, except for direct proprietary damage if
it was caused by gross negligence or intent of the Car Hire Company. The Car
Hire Company is not liable for indirect damage (including lost profit), damage
arising from rent of the Vehicle, non-proprietary damage or any other special
damage. Among other, the Car Hire Company is not liable for possible direct or
indirect damage caused to the Renter due to impossibility to use the Vehicle
during the period of rent resulting from malfunction of the Vehicle, which is
subject to repair according to the warranty provided by the manufacturer of the
Vehicle. In the given case the Car Hire Company has the right to provide to the
Renter another rental vehicle, unless the Renter immediately informs the Car
Hire Company of his or her wish to cancel the Agreement.
8.2.
The Car Hire Company is not
responsible for property and items of the Renter, additional drivers and
passengers, that were left in the Vehicle during the period of rent.
9.
Parking
and Traffic Fines
9.1.
The Renter is fully liable for all traffic and parking fines received
during the period of rent, and for other violations of law and their
consequences.
9.2.
If the Renter receives a traffic or parking fine during the period of
rent, the Renter must inform the Car Hire Company thereof when the period of
rent expires. If the Renter does not pay traffic or parking fines, the Car Hire
Company can disclose data of the Renter and send it to third persons for the
purpose of recovery of the fines.
9.3.
If, in the case stated in Section 8.1., the Car Hire Company pays the
fine instead of the Renter, the Renter must reimburse all such costs to the Car
Hire Company, and pay the resulting late payment penalties, pay for other
obligations arising from the law, reimburse other damage, and pay the service
fee according to Section 10.1.2.
10.
Penalties, Service Fees
10.1.
The Renter pays to the
Car Hire Company:
10.1.1.
in case of traffic accidents which result in confiscation of the Vehicle
or its parts by law enforcement authorities – the penalty of 1000,00 €;
10.1.2.
if the Car Hire Company is served
a traffic or parking fine due to the Renter – the service fee of 5.00 € for a
natural person and 20.00 € for a legal entity for processing of the fine;
10.1.3.
in case of use or return of the Vehicle in a country that was not agreed
in the Agreement – the penalty of 1000.00 € per country, and the Renter also
reimburses all damage related to return of the Vehicle;
10.1.4.
in case of return of the Vehicle to the car park not provided for by the
Agreement – the penalty of 100 €, and the Renter also reimburses, among other,
all damage related to return of the Vehicle, and the costs of parking;
10.1.5.
for smoking in the Vehicle – the penalty of 200.00 €;
10.1.6.
for absent or damaged car key – the penalty of 500.00 €;
10.1.7.
for absent document or documents – the penalty of 200.00 €;
10.1.8.
for punctured tire – the penalty of 250.00 € for every punctured tire;
10.1.9.
for absent or broken additional equipment – the penalty of 400.00 €;
10.1.10.
for every absent or
broken part of the car equipment – the penalty of 1000.00 €;
10.1.11.
in case of necessity to
perform dry cleaning of the cabin – the service fee of 250.00 €;
10.1.12.
in the case stated in
Section 6 – the penalty of 2.40 € for every liter of fuel;
10.1.13.
in the case of breach
of the mileage limit designated for the Vehicle – the penalty of 0.18 € for each kilometer exceeding the
mileage limit.
10.2.
All charges include the
value added tax.
10.3.
The basis for assessment of the damage caused
to the Vehicle is a respective pricelist prepared by the official dealer of the
Vehicle in Estonia.
10.4.
In addition to payment
of the penalty and/or service charge the Renter also undertakes to reimburse to
the Car Hire Company all damage that exceeds the amount of the penalty and/or
service fee.
11.
Processing of Personal Data
11.1.
By signature of the
Agreement the Renter allows the Car Hire Company to use his or her personal
data, and to store and process the data arising from the Agreement according to
the needs of the Car Hire Company, which include statistical analysis, solvency
checks and protection of property of the Car Hire Company. The Car Hire Company
has the right to store and process personal data of the Renter for as long as it is reasonably necessary
for achievement of the goals for which the Car Hire Company has the right to
process the data. If the Renter breaches the Agreement, the Car Hire
Company has the right to disclose such data and send it to third persons
according to the need to eliminate the damage caused to the Car Hire Company by
breach of the Agreement, and to preclude any further damage.
11.2.
The Renter agrees that
the following personal data of the Renter disclosed to ABC Rent Eesti AS:
personal identification/registration code of the Renter, start date, end date
and amount of payment default, can be forwarded to Krediidiinfo AS, and the
Renter gives his or her consent to processing of such data for the purpose of
making a credit decision in the payment default register of Krediidiinfo AS.
- The right to forward data of the Renter to AS Krediidinfo is created if the
Renter has an outstanding monetary obligation arising from the Agreement.
- More specific information regarding the terms of processing of data by AS
Krediidiinfo, as well as regarding the bases for forwarding and extent of
forwarded data is provided on the website www.krediidiinfo.ee.
11.3.
The Renter can find out
what data regarding him or her is processed by AS Krediidiinfo on the website www.krediidiinfo.ee.
11.4.
Personal data of the
Renter is processed according to the privacy policy published on the website of
the Car Hire Company www.abcrent.ee, which regulates collection, use, disclosure, procurement and storage
of personal data of customers of the Car Hire Company. Privacy policy of the
Car Hire Company is based on the Personal Data Protection Act of Estonia and on
other legal instruments regulating protection of private life.
12.
Direct Marketing
12.1.
The Car Hire Company
sends to the Renter newsletters and offers using the e-mail address of the
Renter only if the Renter has expressed his or her consent to that, by entering
his or her e-mail address on the website, and informed the Car Hire Company of
his or her wish to receive direct mail messages.
12.2.
The Renter has the
right to unsubscribe from receipt of newsletters and offers, by notifying the
Car Hire Company thereof via e-mail or by following instructions contained in
the e-mail listing the offers.
13.
Validity of the Terms and Conditions
The present Agreement is regulated by the legislation of Republic of Estonia. All disputes arising from the present Agreement are resolved by way of negotiations between the Car Hire Company and the Renter. If the Car Hire Company and the Renter fail to reach an agreement, the respective dispute is resolved in court according to legal instruments of the Republic of Estonia.
