(forming an integral part of the Rental Agreement)
I. Subject-Matter of the Agreement
1) CAR POINT Karlovy Vary s.r.o., Company ID No.: 29107164, (hereinafter referred to as the "Lessor") rents under the Agreement (specifically an agreement on rental of a means of transport, or an agreement on subrental of a means of transport if the means of transport is owned by a third person hereinafter referred to as the "Rental Agreement", "Lessor" and "Lessee" even in the case of subrental) to the Lessee, who is identified in the Rental Agreement, a means of transport (hereinafter referred to as the "Car"), which is specified in the Rental Agreement, for temporary use and the Lessee undertakes to pay to the Lessor for the use of the Car a rental amount, as well as the charges for optional services provided together with the rental amount, in an amount and under terms and conditions specified in the Rental Agreement and in these Terms. The Rental Agreement has been concluded according to the provisions of Sec. 2321 et seq. of Act No. 89/2012 Coll., the Civil Code, and the legal relations established under the Rental Agreement and under these Terms shall be regulated by Czech law.
II. Amount of Rental and Payment Terms
1) The rental has been agreed for
i) each day, or
ii) each weekend, or
iii) each month,of using the Car in the Rental Agreement.
As a day shall be understood for the purposes hereof each commenced 24-hour period of the Car use counted from the rental commencement to the moment of the Car return. As a weekend shall be understood for the purposes hereof a three-day period of the Car use counted from the rental commencement on Friday at 12 p.m. at earliest to the rental end on Monday at 10 a.m. at latest. As a month shall be understood for the purposes hereof a on calendar month period of the Car use (whereas the day of the rental commencement and the day of the rental end in the following month shall correspond to each other with their designation). The rental is charged for eacch period of the Car use counted from the rental commencement to the moment of the Car return with addition of the grace period in accordance with Article III(3) hereof.
2) The amount of the agreed daily rental and charges for optional services provided together with the rental (hereinafter referred to as the "Service Charges") is specified in the Rental Agreement. Value added tax at the statutory rate shall be added to the Rental and Service Charges. The price of the Rental and Service Charges shall be denominated in CZK, the payment of the Rental and Service Charges shall always be made in the Czech currency.
3) The Lessee shall pay the Rental and Service Charges based on an issued invoice - tax document. As a rule, the Lessee shall pay the Rental and the Service Charges upon the signing of the Rental Agreement; the payment shall be made by a valid debit/credit card, which the Lessee shall present both at the rental commencement and the rental termination (Car return). If such prepaid Rental and Service Charges, or the Rental and Service Charges paid by the Lessee during the term or the rental, are not sufficient to settle the final Rental and Service Charges, the pay-up shall be due at the moment of Car return; the provisions of Section 5 of this Article shall not be affected thereby. If the rental is agreed for a term longer than one month, the Lessor may invoice the agreed Rental including additional services, by partial invoices issued always by the last day of the calendar month.
4) The obligation to pay the Rental and Service Charges shall be performed by crediting the payment to the Lessor's bank account, or by payment in cash or a debit/credit card, as the case may be. In case of default of payment, the Lessor may charge the Lessee a late payment interest in the amount of 0.1 % of the due amount for each commenced day of delay. This shall not affect the Lessor's right to claim from the Lessee full compensation of damage caused to the Lessor as a result of the Lessee's default, including any cost incurred on reminding and enforcing the payment of the Rental and Service Charges.
5) By signing the Rental Agreement, the Parties agree that the Lessee shall pay to the Lessor a deposit (in cash or by debit/credit card blocking), which the Lessor may use to satisfy any receivables from the Lessee resulting under the Rental Agreement or under these Terms. By signing the Rental Agreement, the Lessee also grants to the Lessor consent to use the means of payment or data shown on it (i.e. the debit/credit card number, name of the debit/credit card holder, month and day of beginning and expiration of the debit/credit card validity) for satisfaction of any Lessor's claims against the Lessee resulting under the Rental Agreement or under these Terms and by granting this consent the Lessee also grants authorization to effect such payment transactions.
6) The rental includes:
7) The rental does not include:
III. Term of Rental, Car Handover and Return
IV. Rights and Obligations of the Lessor
1) The Lessor shall hand over the Car to the Lessee with these documents and accessories
and demonstrate the Car equipment and that the Car is ready for being operated on roads. The Car must be roadworthy and ready for the agreed purpose.
2) The Lessor shall cover all statutory fees such as the road tax, mandatory liability insurance for the damage caused by operating the Car in the Czech Republic, car radio fee. The Lessor does not pay the Czech vignette.
3) The Lessor shall perform the manufacturer prescribed and mandatory routine servicing of the Car at his own expenses. During the period of such servicing, the Lessee shall be entitled to rental of a similar Car of the same class or one class lower, save for cases when the Lessee did not make possible to the Lessor to carry out repairs and routine servicing in compliance with the norms and mileage limits determined by the manufacturer.
V. Rights and Obligations of the Lessee
1) The Lessee shall use the Car solely for purposes, for which the Car is normally used. The Lessee undertakes not to use the Car for the purposes of a car hire, taxi service or driving school and not to participate in any races and competitions with the Car and not to use the Car for pushing or towing of vehicles or other objects, unless the Car having been modified for the particular purpose.
2) The Lessee may not allow the Car to be used by any natural or legal persons other than those named in the Rental Agreement as "Drivers", save for emergencies (injury etc.). The Lessor may grant to the Lessee a written consent to the Car's use by other persons not specified in the Rental Agreement. The Lessee shall be liable for performance of all contractual terms as if the Lessee himself was using the Car. All Drivers of the Car must hold a valid driver's license of the respective class for a period of at least 1 year prior to entering in the Rental Agreement.
3) The Lessee may not travel with the Car outside the territory of the Czech Republic.
4) If the Lessee violates the ban on travelling outside of the territory of Czech Republic, the Lessor may claim from the Lessee a contractual fine in the amount of CZK 10,000 and at the same time the Lessee shall lose the advantage of financial cover (provided that such cover has been agreed.
5) The Lessee shall maintain the Car in a roadworthy condition according to applicable regulations and, at his own expenses, charge the Car accumulator (if he charges the accumulator outside of the network of charging stations that is included in the rental) and provide routine maintenance not requiring professional care of an authorized service (washing and cleaning of the Car interior, replenishing any used operational liquids and windscreen wash liquid, checking the tyre pressure, etc.). The Lessee shall during the whole period of the Car use maintain the Car body in the clean state so that the Car stickers are legible well and the Car can fulfill also the promotional purposes of the Lessor. Should the Lessee charge the Car accumulator in the way not designed for the given Car type, and cause thus damage to the Car, the Lessee shall compensate to the Lessor the damage in the amount of costs required for reinstating the Car to its original condition.
6) The Lessee shall take care that no damage is caused to the Car, prevent the Car theft, destruction or damage or excessive wear and tear. The Lessee shall follow instructions for the Car operation prescribed by the manufacturer, applicable standards and regulations applicable for the given Car operation. The Lessee shall follow the Car maintenance plan determined by the manufacturer, in particular, to notify the Lessor without undue delay about the need to perform a manufacturer prescribed and mandatory routine servicing or maintenance, especially when the need for such servicing has been indicated by the Car onboard computer.
7) The Lessee is obliged to maintain the Car in a condition in which the Lessee has received it while taking into account the Car's normal wear and tear. The Lessee shall be fully liable for damage exceeding normal wear and tear (such as burning out the clutch of the Car by bad use etc.).
8) If the Car needs a repair or maintenance, the Lessee shall consult the need, scope and manner of such repair with the Lessor and shall follow the Lessor's instructions and recommendations. The exclusive car repair centre authorized to carry out repairs and maintenance of the Car, unless the Lessor determines in writing otherwise, shall be the service operated by the Lessor at the Lessor’s premises at Ke Kopanině 529, 252 67 Tuchoměřice, Czech Republic.
9) If the Car is not roadworthy due to an accident, damage or defect of the Car, the Lessee's driver shall duly secure and safeguard such broken Car until the arrival of the Police of the Czech Republic (or a competent authority of a foreign country) or a Lessor's representative.
10) All expenses incurred on removal of defects which are not caused by normal wear and tear of the Car shall be covered by the Lessee and shall be billed by a separate document. If the Car is stolen or damaged, the Lessee shall pay the agreed Rental until the Car theft or damage has been notified to the Lessor or until such moment as the Lessor learns about such facts in a different way.
11) The Lessee shall allow to the Lessor at any time without undue delay to inspect the Car condition and the manner of its use.
12) If the Lessor is asked by competent authorities to inspect the Car or to carry out technical examination of the Car, the Lessee shall allow the making of such inspection or technical examination and deliver the Car at the Lessee's expenses to the Lessor.
13) Whenever the Lessee's driver leaves the Car, he shall take away all removable Car accessories (in particular navigation if it is a part of the equipment), keep on him all documents (Vehicle Registration Certificate etc.) and activate all mechanical and electronic security devices with which the Car is equipped and lock the Car.
14) The Lessee, as the Car operator, shall pay all fines imposed by competent authorities for committed traffic offences or administrative delicts. Should a public authority decide on or ask for such fine to be paid by the Lessor for the Lessee, the Lessor may claim from the Lessee to reimburse the Lessor for such paid fine, including any expenses incurred by the Lessor in connection with resolution of the traffic accident or administrative delict committed by the Lessee and including compensation for lost time caused to the Lessor in connection with resolution of the traffic accident or administrative delict committed by the Lessee, whereas each commenced hour of lost time shall be charged at the rate of 500 CZK/hour. Value added tax at the statutory rate shall be added to lost time compensation mentioned in the above sentence. The Lessee shall reimburse the Lessor for the fines paid, expenses incurred and lost time as specified above within 10 days of delivery of the Lessor's request for payment to the Lessee whereas the request shall be sent to an address specified as the Lessee's registered office/address, or by an e-mail message if sent to a foreign person. Article II(5) hereof shall not be affected thereby. In case of default of payment of the compensation mentioned above in this Section, the Lessor may charge the Lessee a late payment interest in the amount of 0.1 % of the due amount for each commenced day of delay.
15) If the Car key is lost, the Lessee shall reimburse the Lessor the amount of CZK 10,000 for manufacturing a duplicate and for all costs connected to it.
16) If the chip for charging the Car is lost, the Lessee shall reimburse the Lessor the amount of CZK 1,000 for procuring a substitute, or a new chip and for all costs connected to it.
17) If a reflexive vest is lost and/or the parking card for the blue zones on the territory of Prague is rendered worthless, the Lessee shall reimburse the Lessor the amount of CZK 500 for procuring a substitute vest and/or the substitute parking card and for all costs connected to it.
18) If the Car becomes for the reasons on the Lessee’s part immobile (in aprticular, because of discharge, or not timely recharge of the accumulator), the Lessee shall reimburse the Lessor for the recovering and towing away the Car from the territory of Prague with the amount of CZK 4,000, from the territory of the rest of the Czech Republic with the amount of 70% of the deposit agreed in the Rental Agreement and from the territory outside of the Czech Republic (due to the violation of the ban on travelling outside of the territory of the Czech Republic) the amount of 70% of the deposit agreed in the Rental Agreement.
19) The Lessee shall notify the Lessor without undue delay about the loss of any part of the driver set or the loss of the registration plate. The Lessor may claim from the Lessee provable expenses incurred in connection with retrieval of the lost objects or obtaining a substitute for the lost objects, and the Lessor may further claim from the Lessee a lump sum amount of CZK 500 for each lost object by way of compensation of lost time caused to the Lessor in connection with solving the loss of the objects. Value added tax at the statutory rate shall be added to lost time compensation mentioned in the above sentence.
20) If the mileage counter stops working, the Lessee shall notify the fact to the Lessor immediately and deliver the Car for repair as soon as possible. If the Lessee fails to meet this obligation, the Lessor may claim from the Lessee a contractual fine in the amount of CZK 10,000 for each individual breach of such obligation.
21) The Lessee shall observe the ban on smoking in the Car.
22) The Lesse is forbidden to transport in the Car animals or any big, heavy or otherwise dangerous load that you cause the damage to the Car.
23) The Lesse is forbidden to perform any changes to or adjustments on the Car.
24) While the Car is being repaired, the Lessee shall not become entitled to reimbursement for lost profit or for damages that may occur due to the inability of the Lessee to use the Car.
25) The Lessee shall be fully liable for any and all damage caused to the Car by a breach of obligations specified in this Article.
VI. Financial Cover, Assistance Services, Solving of Accidents and Damage Caused
1) The Lessor represents that he or the Car owner, as case may be, at his own expenses took out a mandatory liability insurance for the damage caused by operating the Car in the Czech Republic and the accident insurance Car for the Czech Republic.
2) The Lessee represents that he duly acquainted himself with the insurance terms and conditions, which were made available to him for inspection prior to the signing of the Rental Agreement and which can still be inspected in the Lessor's premises, and that he agrees with the insurance terms and conditions and with the scope of cover thereunder.
3) The Lessee bears all risks connected with the possession and use of the Car, save for those settled to the Lessor by the insurance company (meaning the insurance company, with which the Lessor or the Car owner has concluded an insurance contract pursuant to Section 1 of this Article and/or the insurance company, with which the Lessee or a third party liable for damage caused by the operation of a means of transport has concluded an insurance contract). The Lessee may take out at his own expenses supplementary insurance to cover risks which are not covered by insurance contracts concluded by the Lessor, who shall provide to the Lessee all necessary cooperation.
4) The Lessee is obliged to notify to the Lessor without undue delay about each loss event, need for repair and damage to the Car and také necessary steps to prevent further damage deterioration. When handling a loss event, the Lessee shall cooperate with the Lessor and give accurate account of all facts leading to the loss event.
5) Each traffic accident, with respect to which applicable regulations so prescribe, as well as the Car theft shall be without delay notified by the Lessee to the nearest department of the Police of the Czech Republic (or the competent authority of a foreign country) and request the file number under which the notification has been recorded. In all other cases, the participants in the traffic accident shall determine in writing and unambiguously the guilty person of the traffic accident and complete the Accident Report form, otherwise the Lessee shall be fully liable for the damage caused as if the Lessee has caused the traffic accident.
6) The Lessee shall share the expenses incurred on removal of damage caused to the Car during the Car rental period and undertakes to reimburse the Lessor the participation in the amount according to the insurance conditions, and eventually other provably connected costs in case that the damages are covered by the accident insurance. On the Lessee's request, the Lessor shall substantiate the amount of expenses incurred on the damage removal according to the previous sentence by an expense budget or invoice for the damage removal issued by an authorized repair centre.
7) In case of damage to the Car or damage to health or property of third persons, in respect of which it was established that
a. the Car driver was under the influence of alcohol or other psychotropic substances before or during the drive; or
b. the damage was caused wilfully by the Lessee; or
c. the Lessee has breached any of the fundamental obligations relating to operation on roads and this breach was in direct connection with the damage, for which the Lessee is liable; or
d. the Lessee caused damage by unauthorized operation of the Car;
e. the Lessee caused damage to the Car or by operating the Car outside roads or in any other manner, the Lessee shall always fully compensate the damage directly to all injured persons. If a public authority decides or requests that such damage or its part is to be paid by the Lessor, the Lessor may claim from the Lessee full compensation of such paid damage and all expenses incurred in connection with the damage.
8) Further, the Lessor may claim from the Lessee compensation of all damage to the Car, which the insurance) company refuses to cover due to non-compliance with generally binding legal regulations and statutory obligations of the Car driver (namely a failure to notify immediately a loss event to the competent authority or to provide accurate and complete facts relating to the loss event occurrence).
9) If damage to the Car is caused by multiple loss events, the Lessee's liability shall be considered separately in each such event.
VII. Car Rental Termination
1) The Rental Agreement shall terminate:
a. upon expiry of the period for which it was made;
b. upon receipt of a written notice of termination of the Rental Agreement pursuant to Sections 2 and 3 of this Article.
2) The Lessor may withdraw from the Rental Agreement if:
a. the Lessee is in default of payment of the Rental and other payments under the Rental Agreement and the Commercial Terms for a period longer than 2 business days; or
b. the Lessee has breached his obligations stipulated in the Rental Agreement or these Commercial Terms; or
c. it comes out to light after the Rental Agreement conclusion that the Lessee had provided incorrect information or withheld circumstances which, if known by the Lessor prior to the Rental Agreement conclusion, would cause non-conclusion of the Rental Agreement.
3) Withdrawal from the Rental Agreement pursuant to Section 2(a) to (c) of this Article shall be effective on the day of delivery of the written notice of withdrawal to the Lessee. This shall not affect the validity of the provisions of the last sentence of Section 4 of this Article. The Lessor shall specify the grounds for withdrawal in the notice.
4) If circumstances occur, due to which the Lessor may withdraw from the Rental Agreement pursuant to Section 2 of this Article, the Lessor may immobilize the Car by a technical measure, or have the Car town away by a towing service or have it driven to the Lessor's premises even without a prior notice to the Lessee or against the Lessee's will so as to exercise the Lessor's ownership rights. In order to exercise the above measures, the Lessor may ask for cooperation of third persons. The Lessee shall suffer the pursuance of such Lessor's measures. In case of withdrawal pursuant to Section 2 of this Article, the Lessor may, along with sending of the notice of withdrawal, perform the above measures, including driving the Car back to the Lessor's premises even before the delivery of the notice of withdrawal pursuant to Section 3 of this Article.
5) If the rental terminates as a result of the Lessor's withdrawal from the Rental Agreement pursuant to Section 2 of this Article, the Lessee shall return the Car to the Lessor immediately, however, at the latest by 10:00 a.m. of the day following after the Lessor's notice of withdrawal becoming effective. In case that the Lessor has transported the Car to his premises based on the authorization under Section 4 of this Article, the Lessee shall return all received documents and Car accessories within the specified time-limit.
6) Should the Lessee breach the obligation to return the Car within the time-limit specified in Section 5 of this Article, the Lessor may take all measures to track and secure the Car, including the measures specified in Section 4 of this Article, and drive (tow away) the Car to the Lessor's premises. The Lessor may claim compensation of all expenses thus incurred from the Lessee.
VIII. Other Provisions
1) The Lessor may claim from the Lessee a contractual fine in the amount of CZK 10,000 for each individual breach of obligations stipulated in the Rental Agreement and these Commercial Terms.
2) If the Lessee returns the Car after the agreed period, he shall pay the rental as well as the contractual fine according to para. 1 of the Article until the Car is returned. If the Lessee does not return the Car to the Lessor and the Lessor recovers the Car by the means of Art. III(4), or Art. VII(6) of these Commercial Terms, the Lessee shall pay the agreed contractual fine for the delay with the Car return until the day when the Lessor recovers at his disposal including all documents necessary for the operation of the Car on the roads.
3) Payment of the contractual fines pursuant to Sections 1 and 2 of this Article shall not release the Lessee from the obligation to pay to the Lessor full damage caused to the Lessor as a result of the breach of obligation sanctioned by a contractual fine by the Lessee.
4) The Lessee shall pay the contractual fines, damages (which are not covered by insurance scope) and any other justified claims of the Lessor, as the case may be, within seven days of receipt of the Lessor's bill, unless the document specifies a different due date.
5) If these Commercial Terms stipulate that the Lessee shall be obliged to perform or notify a thing without undue delay, it shall mean at the latest within twenty-four hours after the Lessee has incurred such obligation to perform or notify.
6) The Lessee (if he is a natural person) agrees that the Lessor may process and store in the Lessor's database the Lessee's personal data disclosed in the Rental Agreement, whereas such data may be used solely in connection with enforcement and performance of rights and obligations arising under the Rental Agreement and these Commercial Terms. The Lessor shall also be entitled to use the Lessee's personal data in the necessary scope to verify the Lessee's creditworthiness and his ability to perform the obligations under the Rental Agreement and these Commercial Terms.
7) The Lessee acknowledges that the Car may be equipped with the GPS tracking system allowing protection of the property of the Lessor and other persons.
IX. Final Provisions
1) The Parties undertake to inform one another without undue delay about any and all material facts relating to the performance of the object of the Rental Agreement. The Lessee shall notify any change in the Lessee's details specified in the Rental Agreement, change in the details his person, of the Lessee's representatives, change of the registered office/place of business/address or bank account, dissolution or merger of the company, execution or bankruptcy proceedings opened with respect to the Lessee latest within 10 days of occurrence of such facts.
2) For the term of validity of the Rental Agreement, the Lessee shall not acquire any ownership rights to the Car and therefore, the Lessee may not alienate, pledge or sublet and/or rent out the Car.
3) Any updates, alterations or amendments of the Rental Agreement shall be executed in the form of a written amendment signed by both Parties.
4) For the purposes of the Rental Agreement and these Commercial Terms, the Parties agree that if written form is required for any consents to be granted by the Lessor, notices of the Lessor to the Lessee or bills sent by the Lessor to the Lessee, it shall suffice if such communication is sent by e-mail to the Lessee's e-mail address specified in the Rental Agreement. If the Lessee fails to confirm reading of such e-mail or if the message is undeliverable, the fifth day after the e-mail sending to the Lessee shall be regarded as the date of its delivery. Other written communication shall be delivered as follows: if a letter is sent by post and is undeliverable or if the addressee refuses to take delivery of the letter or fails to pick up the letter at the relevant post office within the 10-day deposit period, the day of return of such letter by the post office to the sender shall be regarded as the date of its delivery and all effects of delivery shall occur.
5) The Rental Agreement comes into force and effect on the date of its signing by both Parties. The Rental Agreement has been executed in two counterparts, of which each Party shall receive one.
6) Legal relations established under the Rental Agreement and these Commercial Terms shall be regulated by Czech laws; in case of a dispute, the Parties agree that Czech courts with territorial jurisdiction over the Lessor's registered office shall decide such dispute.
7) These Commercial Terms come into effect on 1 November 2017.