1. Subject to the Rental Agreement David Drahota (DDcars prague rental) (thereinafter ,,Lessor”) and Renter, in accordance to statements of §§ 630 and following of the Czech Business Code, agree to this Rental Agreement (thereinafter ,,RA” only) concerning car hire. Based upon this RA the Lesser undertakes to provide Renter with the vehicle (thereinafter,,the car”) for temporary use, und Renter undertakes to pay the payment for it. Duration of this RA effectiveness, the car specification and the rent are agreed on the front page of this RA.
2. The Rent and the Method of Payment The rent is ruled by valid price lists and tariffs and is quoted on the front page of this RA. Renter is obliged to pay the rent including all connected charges to Lessor duly ant on time. The payment is always made on the day the vehicle is handed over to the Renter. If the lease is concluded for a period that is longer than one month, payments are settled and invoiced regularly, generally after every 30 days of the lease while the sum for the first month is paid on the date of signature of the contract (the day the vehicle is handed over to the Renter). In the case of delayed payment lesser is right to charge renter over 0.05% of the invoiced amount for each day of the delay. The Renter agrees that sums for not replenished fuel or other items resulting from this contract will be charged to his/her card. In case of an overpayment on the leaseholder’s part, it will be returned in the same way.
3. Hire Duration, handing and Taking the Car Over The RA is agreed for an explicit period and is effective since the while when both contracting parties have signed it. The hire relationship is finished with the agreed period expiration accordingly to this RA. The RA validity may be extended if Renter has asked in writing Lesser to do so, at least to days before the expiry date of the originally agreed period, and Lesser has confirmed the prolongation in writing. In such case, conditions, protections insurance PAI extend (see the next point 5), if agreed in the beginning of the RA validity, stay maintained. If the contract is not extended in the above mentioned sense, returning of the leaseholder’s vehicle later than on the date specified in the contract is considered as a gross breach of the contract and the leaseholder is aware that he/she commits the crime of unauthorized use of somebody else’s thing with criminal-law consequences. In such case, for the period exceeding that agreed one, Renter is obliged to pay a penalizing charge amounting at minimum the original rent including all connected charges to Lessor. Unless contracting parties have greed something else in writing, Renter loses his/her right to his/her liability limitations resulting from agreed protections TP, CDW, PAI and insurance PAI (see the next pint 5) after the RA expiry date. In case of the car loss or a damage to the car, Renter must pay, apart from others, a penalizing charge equivalent to the rent until Renter reports the loss /damage to Lessor or Lessor is advised by another way. Lessor must deliver the car in good technical state, at the place and in the time agreed by this RA. Any stated defect or complaint must be written onto the RA in the beginning of the rental. Renter must return the car to Lessor including all accessories and documents at the place and in the time agreed based on this RA. Renter must return the car in the same state as he /she took it over. Usual getting worn out is connived at. A person authorized by Lessor only may take over the car including its documents and keys. In the case of returning the car to the hotel reception, the Renter must advise Lessor in writing immediately. Otherwise, Renter must pay a penalizing charge equal to the rent including all charges connected till the while of Lessor having got aware of the car concerned return.
4. Rights and Engagements of Contracting Parties The car concerned may be driven by persons listed on the RA only. Renter may use the car for those purposes only it is intended for and must abide by traffic regulations, customs and other legal prescripts. He/she must use the car by usual way and accordingly to norms and instructions concerning the vehicle type concerned. This concerns particularly regular service to the car following the number of driven kilometers and abidance by parameters given from the producer as the cars technical state, engine oil and refrigerating liquid volumes, tire pressure etc. Renter is obliged to take care of the car duly in the sense of a damage prevention including the abidance by the conditions and recommendations given from Lessor. Renter must keep the car safe from a theft, damage or encroachments from persons which are not authorized to use the car. Particularly, Renter must not leave documents and keys in the parked car and must always lock the parked car properly. Not fulfilling some of these duties is taken for fundamental breach to the RA. Lessor recommends to leave the car at watched park-sites and garages only. Unless this is stated by another way by this RA, Renter must not, let the car to a person which is not listed on the RA, participate with car in any race, test or contest, use the car against a payment for a purpose of passenger traffic or transport of property drive the car to countries restricted by this RA unless Lessor s prior approval is provided, carry out any modification or adaptation to the car. Further, Renter may not drive the car being under influence of alcohol, drugs, medicaments or other matters impairing perception or reaction abilities. Renter may not let the car to be driven by a person being under influence of mentioned above drugs. Lessor has right to check the car anywhere in order to become informed if it is used properly and in accordance to the RA conditions. Renter is obliged to enable Lessor to perform such inspection of the car. Lessor is obliged to arrange for his account usual repairs and maintenance of the car and Renter must enable him to do repairs, maintenance or a possible inspection of the car as well as to put up with the car use limitation consequently to circumstances mentioned above. During any such limitations, the Renter is right to get a replacing car of the same or similar quality from Lessor to continue the car use agreed. The expenses connected with the car repair are for Lessor s account except for the case when the need to repair the car arose form and consequently to an incorrect dealing with the car by Renter or a person enabled to deal with it by him/her (i.e. either the car usage inconsistence or breach to this RA). In such case the duty to reimburse expenses for the car repair is in its full extent transferred to Renter which is fully responsible for any damage else arisen from or consequently to such incorrect dealing with the car (extreme worn out or in fury to the car). Renter is obliged to report any occurrence of a repair needing defect thal appeared on the car during his/her rental to Lessor as son as possible. If Renter wouldn’t fulfill this duty without unreasonable delay he/she will be responsible for any damage arisen form the delay consequently to his/her failure of reporting the defect.
5. Damage Responsibility and Insurances Lessor ensures liability insurance in extent and under conditions of valid legal prescripts. Renter is fully responsible to Lessor for any damage to the car arisen during the period of the rent. Lessor has the right to charge Renter to reimburse the loss of revenue equal to the rent up until the date where the car concerned or a replacement car is returned. The Renter’s liability for damages of the vehicle is limited up to the deductive coinsurance of 5%, at least 5 thousand CZK, as the leaseholder is insured in the range of TP, CDW, PAI insurance (and IIC, which must be concluded separately). a) TP is damage caused by a theft of the vehicle or its parts or its damage due to an attempted theft, theft or vandalism. b) CDW is damage of the vehicle or its parts resulting from other causes than an attempted theft, theft or vandalism. c) PAI is injury insurance of the leaseholder and all persons travelling in the vehicle. d) IIC is special additional insurance for foreign countries (all the EC countries). If the leaseholder is interested, this insurance must always be concluded on the date of signature of the contract. All the types of insurance are subject to payment of charges that are either included in the price or paid separately within the scope determined by the corresponding insurance company and they are confirmed on the front page of this contract. However, by virtue of financial coverage of TP or CDW the leaseholder’s liability cannot be limited in cases when the damage, accident or theft of the vehicle occurs due to a breach of obligations resulting from this contract or generally binding legal regulations independently of the fact whether it was the leaseholder’s fault. If the certificate of one-off sum of 1000 CZK and if the car key is not returned, the one-off sum of 2500 CZK is charged. If the leaseholder does not remove the radio panel, he/she is fully responsible for a theft of the radio in the vehicle and all connected damaged. The renter is not liable for damages incurred by the leaseholder due to the leaseholder’s leaving personal items in the vehicle. In case of an accident abroad caused by the leaseholder the leaseholder pays the sum of 7CZK/km for towing of the vehicle to Prague.
6. Damage Event Proceedings In case of a damage event, a theft or injury to the car or its part and in case that a persons injury or death occurred consequently to an accident involving the rented car (regardless to Renters fault) Renter must always call the police to investigate the accident and to obtain evidence (regardless of the damage evaluation amount) and wait until police arrival and until the police report is drawn up. Failing this, Renter is responsible for damage in full extent. In any damage event, Renter is obliged fully to fillin the from “Car Accident Report (Statement)” that he/she receives together with the car documents. Furthermore, the Renter is obliged to provide a list of all participants of the accident as well as of all witnesses including their personal data. Furthermore, he/her is obliged to ensure involved car descriptions and to record their license plate numbers and to write down the registration details of the police officers investigating the accident. If the car is not drivable consequently to the accident, Renter must make it safe from further damage or theft. Denter is obliged to inform Lessor as soon as possible, but within 24 hours at the latest, about any damage event involving the concerned car (theft or an injury to the car.) to state the exact place the car is located. Furthermore, he/she must inform Lessor about consequences of the accident as far as personal injuries or deaths are concerned. Renter must ensure Lessor to be provided with fully completed form. Car Accident Report (Statement)” without unreasonable delay. Renter is obliged to cooperate with Lesser and with the insurance company assisting them to investigate the accident, in the frame of both the damage event liquidation, and, if the case may become, the legal proceedings.
7. Repudiation of the RA Lessor has right to repudiate the RA immediately if Renter uses the car contradictorily to the RA or to agreed business conditions, or by a method leading to a damage to Lesser, or the car becomes threatened by an injury of big extent. Lessor is justified to repudiate the RA if Renter, against Lesser reminders, doesn’t pay invoiced payments duly and on time. As well, Renter has right to repudiate the RA if Lesser doesn’t fulfill due to this RA.
8. Other Statement Renter agrees data of this RA including his/her personal data may be processed and maintained by Lessor s computer system. For the case that it is necessary to verify or to confirm that Renter is solvent, Renter agrees his/her personal data may be used or leaved to the third party disposal for such purpose. For the case that Renter delays to return the car to Lessor at the place and in the time agreed, he/she acknowledges that Lessor may make the car known to police authorities as being stolen or lost, Lessor may pass his accusation to the relevant court. Renter bears him/her/self any consequence that might arise from such action for him/her.
9. Enactments in Conclusion This RA becomes effective from the moment (the date and exact time) of both contracting parties signatures. This RA is carried out at least in two issues, each contracting party obtains at least one issue whilst its version in Czech language is decisive. As the case of a legal action may be, both parties agree for such purpose the court in the Czech Republic according to the subject and to the place. This RA is governed by the laws of the Czech Republic. An integral part of this contract is a vehicle handover and acceptance record, which is attached to this contract If some statement of this RA becomes ineffective other statements of this RA stay effective. In such case, contract parties will replace the ineffective statement by such an effective one the most according to the business sense of the original intention.