VEHICLE RENT AGREEMENT STANDARD TERMS AND CONDITIONS
Vilnius, valid from 20 September 2019
These Vehicle lease agreement standard terms and conditions (hereinafter referred to as the Terms and conditions) regulate the procedure for acquiring the right to use the AutocomGO system managed by the AutocomGO system administrator, the rights and obligations of persons using the AutocomGO system, and the mutual rights and duties of person renting and acquiring for the Vehicle for rent through the use of the AutocomGO system (Rentor and Rentee) and the order of use of the Vehicles, liability and other conditions.
Before using the services provided by the AutocomGO system, a person wishing to use the AutocomGO system and / or renting a Vehicle through the AutocomGO system must carefully read and responsibly familiarize with these Terms and conditions and select the “I agree” button in the appropriate field of the AutocomGO system registration. By selecting the “I Agree” button , the person unconditionally confirms that all information provided is clear and understandable to him and that he agrees with these Terms and conditions and undertakes to implement them and comply with them, as well as confirms that he has been given adequate access to the Terms and conditions.
Any person to whom these Terms are totally or partially unacceptable, incomprehensible, or unclear shall not be entitled to perform any actions or enter into transactions through the AutocomGO System.
1. LEGAL EFFECT OF ACTIONS PERFORMED IN THE AUTOCOM GO SYSTEM
1.1. The Rentee agrees that all actions (transactions) performed by him in the AutocomGO system in connection with the reservation and rental of the Vehicle, approved according to the order, specified on the Website or in the mobile application of the AutocomGO system, are valid and have the same legal consequences as actions (transactions) which are supported by a signed paper document, and if the Rentee is a legal entity, a paper document signed and stamped by that person.
2. DEFINITIONS USED IN THE TERMS AND CONDITIONS
2.1. Electronic Vehicle unlocking – remote unlocking of the Rented Vehicle and disabling of security systems, enabling the Rentee to use the Rented Vehicle, performed by the Rentee after proper execution of the relevant instructions / actions provided on the Website or in the AutocomGO mobile application. Electronic Unlocking of a Vehicle is considered as the transfer of that Vehicle to the Rentee for use.
2.2. Electronic Vehicle Locking – remote deactivation of the rented Vehicle’s ignition, activation and locking of security systems, preventing unlocking and starting the rented Vehicle with its key, performed by AutocomGO system automatically at the end of the rental period and / or according to the Rentee’s will by his proper implementation of corresponding instructions/activities on the Website or the AutocomGO mobile application. Electronic locking of the Vehicle is considered as the return of the rented Vehicle to the Rentor.
2.3. Rent agreement – a set of standard terms and conditions of the Vehicle Rent agreement and special terms of the Rent agreement.
2.4. Special conditions of the rent agreement – means an integral part of these Terms and conditions, which defines the specific conditions for the provision of rental services, specifies the amount of the rent, specifies the specific period of use of the vehicle, etc. The special conditions of the rent agreement are sent to the Rentee by e-mail on the day the car rental starts.
2.5. Website – www.autocomcarrental.com
2.6. User – a natural person, using the Rentee’s rented vehicle in the Rentee’s name, account and responsibility, (e.g. Employee of the Rentee).
2.7. Rentee – a natural or legal person who, on the basis of the Rent agreement, acquires the right to operate and use the Vehicle.
2.8. Rental Fee – During the period of use of the Vehicle, the Rentee is obliged to pay a fee for the use and / or possession or disposal of the Vehicle. Rental fee rates are indicated when making a car reservation on the Website or via the AutocomGO mobile application.
2.9. Rentor – legal entity – UAB “AUTOCOM LT”, legal entity code 302482395, which leases the Vehicle using the AutocomGO system in accordance with the procedure specified in the Rent agreement and in accordance with its provisions.
2.10. Fee for leaving the car outside the place specified in the special terms and conditions of the Rent agreement – the fee that the Rentee must pay if he leaves the Vehicle in a place other than the one specified in the Special terms and conditions of the Rent agreement after the end of the period of use of the Vehicle.
2.11. The AutocomGO system – is a set of organizational and software tools that allow the Rentor to remotely offer and lease, and the Rentee to select and rent a Vehicle from the offered ones, as well as through which specific Vehicle Rent agreements can be concluded. The software part of the AutocomGO system is available on the Website and through the AutocomGo mobile application.
2.12. AutocomGO system administrator – UAB “AUTOCOM LT”, legal entity code 302482395, managing and administering the AutocomGO system.
2.13. Vehicle – a land road vehicle that is leased by the Rentor in accordance with the procedure specified in the Rent agreement and in accordance with its provisions, and the Rentee leases using the AutocomGO system.
2.14. Vehicle usage period – the period from Electronic Vehicle unlocking to Electronic Vehicle locking. The period of use of the Vehicle under these Conditions may not exceed 6 (six) months continuously.
2.15. Where the context so requires, the terms used in these Terms and conditions in the singular shall include the plural and vice versa.
3. ACQUISITION OF THE RIGHT TO USE THE AUTOCOM GO SYSTEM
3.1. The right to use the AutocomGO system is granted to persons who:
3.1.1. registered in the AutocomGO system and provided all the required data;
3.1.2. has at least one year of driving experience while driving a car (category B) and / or at least three years of driving experience while driving a minibus (category B);
3.1.3. has fulfilled the obligation specified in Clause 4.1 of these Conditions to provide his / her personal data.
4. INFORMATION ABOUT THE RENTEE
4.1. The use of the AutocomGO system and conclusion of the Vehicle Rent agreement is possible only after proper identification of the person, therefore each person intending to rent the Vehicle using the AutocomGO system must provide the following correct data about himself:
4.1.1. if the Rentee is a natural person: name and surname, date of birth, address of residence, e-mail and a copy of a valid driving license and payment card details; or
4.1.2. if the Rentee is a legal entity: name, legal entity code, registered office address, e-mail, payment card details, name of the authorized representative and a copy of a valid driver’s license.
4.2. The authenticity of the data is verified during the payment for the Vehicle Rental service using online banking, therefore the data of the Rentee and the payer for the Vehicle rent must match.
4.3. The vehicle is equipped with a device to record its location and movement. The data of the Vehicle’s operating parameters, as well as the data of the Vehicle’s location and movement are constantly transmitted to the AutocomGO system administrator. The Rentee agrees that the AutocomGO system administrator shall collect, store, and keep such data for the purpose of enforcing the Lease agreement.
5. PAYMENT FOR THE VEHICLE RENTAL SERVICE
5.1. Payment for the Vehicle rental service is made in the AutocomGO system by the Rentee by following the relevant instructions / actions provided on the Website or in the AutocomGO mobile application, after the proper completion of which the Rentee receives confirmation of payment for the selected Vehicle to his smart device.
5.2. Upon receipt by the Rentor of the Rentee’s payment for the rent of the Vehicle, the Rentor undertakes to prepare and deliver the ordered Vehicle to a possible vehicle pick-up location selected by the Rentee before the scheduled start of the Vehicle use period.
6. ELECTRONIC UNLOCKING OF THE VEHICLE AND STARTING ITS USE
6.1. From the moment of Electronic unlocking of the Vehicle, it is considered to have been handed over to the Rentee for use and the Rentee becomes responsible for it.
6.2. Electronic Unlocking of the Vehicle is performed remotely by the AutocomGo system, whenever the Rentee selects the appropriate command in the AutocomGo mobile application (“Unlock the car”).
6.3. The Rentee undertakes to inspect the Vehicle from the outside immediately, before the Electronic unlock of the Vehicle, and after the Electronic unlocking of the Vehicle, but not later than before the Vehicle has been moved, to inspect the Vehicle from the inside and check the documents and completeness of this Vehicle and determine (if any) all and every visible damages. If any such damages have been observed, the Rentee must inform the Rentor thereof in accordance with the procedure provided for in these Terms and conditions. Otherwise, all damages are considered to have occurred during the term of use of the Vehicle by the Rentee’s and the Rentee is responsible for them.
6.4. The vehicle must be, and the Rentee must check, that all of the following items / documents are present:
6.4.1. Vehicle ignition key with alarm control panel (one set);
6.4.2. A verified copy of the vehicle registration certificate;
6.4.3. A verified copy of the vehicle’s mandatory roadworthiness test document;
6.4.4. Compulsory motor third party liability insurance certificate;
6.4.5. Ordered optional equipment.
6.5. The ordered Vehicle is transferred to the Rentee in a technically sound and proper condition, suitable for use according to its purpose with a full tank of fuel, clean exterior and interior. The Vehicle returned to the Rentor must be in the same condition (taking into account natural wear and tear) and with a full tank of fuel.
6.6. The Rentee must immediately notify the Rentor regarding any discrepancies, shortcomings / deficiencies, or Vehicle damages and/or faults:
6.6.1. Via AutocomGO by selecting the appropriate command in the mobile application (“Report car defects”). Any damage and / or faults to the Vehicle must be photographed immediately by the Rentee using the AutocomGo mobile application. The Rentee shall not be liable for external damage and / or faults of the Vehicle recorded in the manner specified in this clause before Electronically unlocking the Vehicle and for internal damages and / or faults recorded in the manner specified in this clause after Electronically unlocking the Vehicle but not later than the Vehicle moved; or
6.6.2. By e-mail firstname.lastname@example.org .
7. USE OF THE VEHICLE
7.1. The vehicle is rented (given to control and use) to the Rentee in accordance with the procedure and terms established in the special conditions of the Rent agreement. If the Rentee wishes to extend the period of use of the Vehicle, he must notify the Rentor in writing (by e-mail) and obtain the Rentor’s consent to the extension of the period of use of the Vehicle in advance but not later than 24 hours until the end of the period of use of the Vehicle. When the period of use of the Vehicle is 24 hours, the Rentee shall notify the Rentor in writing (by e-mail) about the wish to extend the period of use of the Vehicle no later than 10 hours prior to the end of the period of use of the Vehicle.
7.2. During the period of use of the Vehicle, the Rentee may lock, unlock, start the Vehicle using the Vehicle key and (or) security alarm panel.
7.3. The Rentee must use the Vehicle as a careful and diligent owner and only for its intended purpose. It is forbidden to drive the Vehicle under the influence of alcohol, drugs or other substances, to transport more passengers than the number of places specified in the car registration certificate and to transport animals in boxes (containers) not specially adapted for this purpose. It is forbidden to use the Vehicle for racing, speed tests or other similar activities, to use the Vehicle as a driving Rentor car, to transport passengers and / or cargo for remuneration, to use the Vehicle in constant high load mode (i.e. for heavy goods transportation, travelling on roads unsuitable for cars, towing another Vehicle) it is also prohibited to use the Vehicle for criminal activities, contraband, smuggling weapons, narcotics, flammable or dangerous substances and transporting other items, the possession and transportation of which is prohibited by law.
7.4. During the period of use of the Vehicle, the mileage of the Vehicle may not exceed (unless otherwise specified in the special conditions of the Lease agreement) 300 kilometers per day. If the specified daily limit is exceeded, the Rentee shall additionally pay the Rentor 0.10 Eur including VAT for each kilometer of exceeded the set mileage.
7.5. The Rentee must follow (ensure that the User complies with) the Vehicle manufacturer’s operating instructions and recommendations, as well as the Vehicle’s operating requirements, which, although not mentioned above, are considered normal for the use of this type of property. The Rentee must comply with the requirements specified in the Vehicle insurance rules for the Vehicle User and / or Manager. The Rentee assumes full responsibility for any breakdown or damage to the Vehicle due to non-performance or improper performance of its obligations under this clause. It is forbidden to fill the Vehicle with fuel for agriculture and trucks, as well as biofuels.
7.6. When using the Vehicle, the Rentee undertakes to comply with (ensure that the User complies with) the provisions of legal acts regulating road traffic (Law on Road traffic safety, Road traffic rules, parking regulations of local authorities or private persons, etc.) and properly execute them (ensure that the User executes them properly). The Rentee and / or the User shall be liable for any violations of the law committed by the Vehicle during its period of use, regardless of when such violations became apparent.
7.7. The Rentee understands that upon submission of a request to the Rentor by the competent state authorities to indicate a specific person who has been driving the Vehicle at a certain time, such data on the Rentee and / or the User will have to be provided.
7.8. The Rentee undertakes to immediately notify the Rentor when renting a Vehicle, according to the Rentor’s telephone number, specified the AutocomGO system, as well as to inform corresponding state authorities (police, firefighters), if the Vehicle is destroyed, damaged, broken or becomes unsuitable for use in any other way, as well as in cases when circumstances arise preventing the disposition and use of the Vehicle or the Vehicle’s normal operation conditions.
7.9. The Rentee undertakes not to lease or lend the Vehicle.
7.10. The Rentee may use the vehicle only in the country (ies) specified in the special conditions of the Rent agreement. It is forbidden to go to a foreign country without the written permission of the Rentor. The Rentor shall not be liable for the costs incurred by the Rentee due to non-compliance with the relevant clause of the Special conditions of the Lease agreement.
7.11. The Rentee must immediately notify the Rentor of any failures or signs of malfunctions of the Vehicle (malfunction of devices, extraneous sounds, vibrations, etc.), as well as of situations where the Vehicle systems issue warning messages (due to inspections, maintenance, etc.) according to the Rentor’s telephone number specified in the AutocomGO system and follow the instructions provided.
7.12. The Rentee must keep the Vehicle clean both externally and internally. The Rentee must also ensure that no smoking takes place inside the Vehicle.
7.13. The Rentee must ensure that when leaving the Vehicle parked, even for a short time, the lights and the player are turned off, the windows, sunroof are closed, and all locks are locked. The Rentor shall not be liable for the damage, destruction, or theft of personal belongings of the Rentee or the User in the Vehicle in case of violation of the actions specified in this clause.
7.14. The Rentees are prohibited from repairing the Vehicle and (or) any equipment (navigation, GPS, etc.) in it independently or with any persons, or in any repair companies, except those specified by the Rentor. Any repairs or diagnostics of the Vehicle may be performed only with the prior agreement of the Rentor.
7.15. The Rentee undertakes not to transfer the Vehicle to third parties not specified in the special conditions of the Rent agreement. Only persons specified in the special conditions of the Rent agreement may drive the Vehicle.
7.16. In case of theft of the Vehicle, the Rentee must immediately inform the Rentor, notify the local police and provide the Rentor with the Vehicle registration documents, Vehicle keys and security system panel (if any).
8. End of use of the vehicle. Electronic Vehicle lock
8.2. At the end of the period of use of the Vehicle, the Rentee must deliver the Vehicle to the agreed place by the deadline specified in the special conditions of the Rent agreement. In case of delay to return the Vehicle for more than 1 hour, a fee, provided for in the special terms of the Rent agreement, is calculated for an additional day. If the Vehicle is not returned within 24 hours after the expiration of the Rent term and the term has not been extended and there are no objective reasons for the delay, the Rentor applies to the police, as well as to UAB “Ekskomisarų biuras” or other security service regarding the theft of the Vehicle and its finding and return to the Rentor. If the Vehicle is returned earlier than provided for in the special conditions of the Rent agreement, the Rent will not be refunded.
8.3. After using the Vehicle, the Rentee must leave it in a condition as it was taken, taking into account normal wear and tear, with a full tank of fuel, as well as complete with all documents, accessories and attachments, put its ignition key and documents in the same place from which they took them at the beginning of use (unless otherwise provided in the special conditions of the Rent agreement). For the violation of each provision, specified in this clause, the Rentee must pay the Rentor a fine in the amount of EUR 100 and indemnify the losses to the extent that they are not covered by the fine. Also, the Rentee must not leave his belongings or rubbish in the Vehicle. The Rentor is not responsible for the items left in the car by the Rentee.
8.4. The vehicle must be left in a permitted location without violating the requirements of traffic rules. In case the Rentee left the Vehicle in a paid parking lot, the Rentee undertakes to pay all related fees, and if such fees would be forced to be paid by the Rentor – to compensate them in a non-contentious manner and pay the Rentor a fine of EUR 15.
8.5. After performing all the above duties, the Rentee must initiate the Electronic locking of the Vehicle in the AutocomGO mobile application by selecting the appropriate command (“Lock the car”). Only after proper completion of the Electronic locking of the Vehicle will the Rentee be deemed to have returned the Vehicle.
8.6. The Rentee agrees that the condition of the Vehicle should be assessed within two working days after the end of use of the Vehicle.
9. Vehicle insurance
9.1. The vehicle is insured with: compulsory driver’s liability insurance valid in the EU, EEA countries and Switzerland; vehicle CASCO insurance valid throughout geographical Europe; drivers and passengers insurance against accidents in the event of a car accident: in the event of death EUR 7,250; in case of disability 15 000 Eur, as well as with roadside assistance insurance.
9.2. The Rentee’s liability in case of an insured event (except theft) is: for cars – from 300 Eur to 1,200 Eur, for passenger and cargo minibuses – 600 Eur.
9.3. The Rentee’s liability in the event of an insured event (except theft), if Rentee is at fault for such an event, when the Vehicle is irreparably damaged is: for passenger cars – 750 Eur, for passenger and cargo minibuses – 1,000 Eur.
9.4. The Rentee has the possibility to insure his liability with the “Additional insurance” when reserving or starting to use the Vehicle. Additional insurance is valid if the Rentee pays for the purchased additional insurance no later than within 12 hours from the start of use of the Vehicle.
9.4.1. Additional insurance, reduces the Rentee’s liability in case of an insured event (except theft) to EUR 0.00;
9.4.2. Additional insurance of tires and glass reduces the Rentee’s liability in case of tire damage or destruction and glass damage to EUR 0.00.
9.4.3. The additional insurance does not cover damage to the car interior and damage caused by the Rentee’s intentional act or gross negligence, engine failure due to improper oil and coolant maintenance, as well as fuel system failure due to the use of expired or improper fuel. Supplementary insurance covers the damage of one insured event.
9.5. Under the insurance contracts, the payment of the insurance benefit is related not only to the relevant insured events, but also to the performance of the respective obligations of the Rentee and / or User of the Vehicle (possession of the right to drive the relevant category of Vehicle, proper use of the Vehicle, not driving under the influence of alcohol and/or other substances, take most simple precautionary measures in the event of an insured event, take measures to prevent damage or to prevent an increase in damage, as well as obligation to notify the competent authorities and the insurance company without delay and the obligation to provide correct information, etc.). Any risk and liability for adverse consequences (including, but not limited to, non-payment, reduction of the insurance benefit or a subrogation requirement) resulting from non-fulfillment or improper fulfillment of the terms and conditions of the Vehicle insurance contract and the Rules conditions shall be borne by the Party which is non-fulfilling or improperly fulfilled such contractual obligations.
10.1. The Rentee is fully responsible for the Vehicle for the entire period of use of that Vehicle. During the period of use of the Vehicle, the Rentee also bears the responsibility of the manager of the Vehicle, which is a source of increased risk.
10.2. The Rentee shall not be liable for any failures of the Vehicle that occurred during the use of the Vehicle and are a consequence of the previous operation or natural wear and tear of the Vehicle, if the Rentee immediately informed the Rentor or AutocomGO system administrator of them by phone and followed their instructions.
10.3. If during the period of use of the Vehicle the Vehicle breaks down, is damaged, broken or lost (including but not limited to confiscation of the Vehicle as a result of the Rentee’s infringement of law) or Vehicle accessories are lost or damaged (i.e. ignition keys, hardware, etc.), the Rentee undertakes to indemnify the Rentor for the damage and losses caused, to the extent that they were not covered by the insurance benefit received by the Rentor. The Rentee shall also remain liable to the Rentor in cases when the events, when the Vehicle causes damage to third parties, or damage is caused to the Vehicle itself or it is lost, are recognized as non-insured or the insurance benefit is reduced, unless it is the Rentor’s fault.
10.4. If due to circumstances depending on the Rentee the Vehicle is confiscated, detained or any other rights to it are lost, the Rentee must compensate all losses incurred by the Rentor as a result. The Parties agree that any amounts (fines, compensations, mandatory payments, etc.) paid by the Rentor to the State or any third parties (providing forced removal and / or storage of vehicles, etc.) in order to recover the Vehicle that was detained (forcibly removed) due to the circumstances depending on the Rentee or User, are the losses of the Rentor, which the Rentee consents to compensate. The Parties agree that the latter provision cannot and will not be construed as obliging the Rentor to pay any such amounts.
10.5. The Rentee assumes full responsibility for violations of legal acts and damage (loss) caused to third parties during the period of the use of the Vehicle. In case the Rentee misuses the Vehicle or otherwise violates these Terms and conditions, as a result of which the Rentor will incur losses (i.e. payment of taxes and fines to state institutions or third parties, etc.), the Rentee undertakes to reimburse the Rentor for such losses.
10.6. Unless otherwise provided in these Terms and conditions, Rentee undertakes to pay to the Rentor the forfeit (fines and fine interest) and damages, as well as other amounts, no later than within 10 days of the request.
10.7. For each overdue settlement day, the Rentee undertakes to pay to the Rentor a fine interest at the rate of 0.08% of the amount not paid on time.
11.1. The Rentee undertakes to take responsibility for the rented and / or replacement car (as for his own) during the term of the Agreement (including all extensions), and pay all fines and cover all costs related to violation of traffic, parking and other rules.
11.2. Failure to ensure compliance with provisions of clauses 7.3., 7.5., 7.8., 7.11., 7.14., 7.15. of these Terms and conditions obliges the Rentee to pay a fine of EUR 300 to the Rentor, regardless of whether the damage has occurred.
11.3. Agreement breach prices:
|1||Departure to a foreign country without the Rentor’s consent||300 Eur|
|2||Smoking in the vehicle, transportation of animals||100 Eur|
|3||Dirty vehicle interior when dry cleaning is required||100 Eur|
|4||Dirty vehicle interior||30 Eur|
|5||The car was returned with a fuel tank that was not full||15 Eur fine + price of missing fuel according to the refueling check|
|6||Filling with incorrect fuel||150 Eur + full fuel tank|
|7||Lost / damaged / non-returned car keys||250 Eur|
|8||Unreturned car documents (Registration certificate, roadworthiness certificate sheet, insurance)||30 Eur for each document|
|9||Car registration plates are lost||60 Eur|
|10||Administration of violations of road traffic rules and other legal requirements||15 Eur|
|11||Insurance event administration||30 Eur|
|12||Dangerous or hooligan driving||300 Eur|
|13||Damage to the tire or windscreen||80 Eur|
|14||Lost or damaged car equipment||According to manufacturer’s evaluation + 10%|
|15||Lost or damaged accessories (GPS, WI-FI, child seat)||100 Eur|
11.4. The Rentor is responsible for the fulfillment of the obligations set forth in these Terms and conditions and must indemnify the Rentee for the direct losses caused by the improper fulfillment of his obligations.
12.1. The current version of these Terms and conditions published in the AutocomGO mobile application at the time of concluding such an agreement shall apply to the legal relations between the Rentor and the Rentee regarding a specific Vehicle rental.
PROCESSING OF PERSONAL DATA
13.1. The AutocomGO system administrator collects, manages and stores the Rentee’s personal data specified in clauses 4.1 and 4.3 of these Terms and conditions. Data is collected, processed and stored in strict compliance with the Law on the Legal Protection of Personal Data of the Republic of Lithuania, Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on free movement of such data (hereinafter – GDPR), as well as other legal acts governing the legal protection of personal data.
13.2. Requests related to the processing and/or protection of the Rentee’s personal data, can be provided by the Rentee to the AutocomGO system administrator by e-mail: email@example.com, by registered mail or at the following address: Savanorių ave. 129, Vilnius. The AutocomGO system administrator, after making sure of the Rentee’s identity, will provide a response no later than in one month after receipt of the request. The one-month period may be extended by the AutocomGO System Administrator for another two months, depending on the complexity and number of requests, but in any case the AutocomGO System Administrator will notify about such an extension within one month of receipt of the request, stating the reasons for the delay.
14. Applicable law and dispute settlement procedure
14.1. These Terms and conditions are prepared in accordance with the law of the Republic of Lithuania. The law of the Republic of Lithuania shall apply to rent agreements and legal relations arising from them or arising therefrom.
14.2. Disputes related to the Lease agreement shall be settled by the Parties through negotiations between them. In the event of the parties failing to settle the dispute by negotiation between them:
14.2.1. when the Rentee is a legal entity, the dispute will be transferred to a court of the Republic of Lithuania;
15. FINAL PROVISIONS
15.1. The AutocomGO System Administrator reserves the right to amend these Terms and conditions in whole or in part at any time. Changes to the Terms and conditions will be effective upon posting on the AutocomGO Mobile App.