General Service Conditions
1.1. The Lessee on its own behalf provides, and the Lessee takes into temporary possession and use of the vehicle (hereinafter - the Car or TK):
1.2. The Lessendertakes to make full payment for the entire rental period of the Car and upon its completion to return the Car to the Le uessee on time, within the period specified in paragraph 6.1. of this Agreement.
1.3. Transfer of the car by the Lessee to the Lessee and its return to the Lessee at the end of the lease term is made out by means of the Act of acceptance-transfer of the Car signed by the parties.
2. Rights and obligations of the parties
2.1. The Lessor has the right to:
-monitor the Lessee compliance with the terms of this Agreement;
-to demand from the Lessee compensation for damages, payment of fines, in case of non-fulfillment or improper fulfillment of the terms of this Agreement;
-receive compensation from the Lessee in case of return of the Car with incomplete equipment or equipment, as well as the provided documentation, in the amount necessary for their restoration;
demand early termination of this Agreement and immediate return of the car:
-if the Lessee uses the Car contrary to the terms of the Agreement or the purpose of the Car;
-if the Lessee by his negligent behavior creates a threat of damage to the Car;
- in case of notification by the Lessee of incorrect data at the conclusion of this Agreement, as well as on other grounds specified by the current legislation of Ukraine.
The Lessee may provide other, additional grounds for early termination of this Agreement at its request if such grounds in the opinion of the Lessee are significant for him and cause or may cause in the future such damage that the Lessee loses what he was entitled to expect at the conclusion of this Agreement.
2.2. The Lessee must:
-to hand over to the Lessee the Car in a technically serviceable condition necessary for its operation for the purpose, together with additional equipment, thus the fact of transfer and a condition of the Car is fixed in the Act of acceptance of the Car signed by the parties which is an integral part of this Agreement;
-to transfer to the Lessee a set of keys and the corresponding documents on the Car necessary for its use.
-to transfer The car refueled with A-95 fuel, the quantity of which is specified in the Acceptance Certificate.
-at its own expense to carry out all types of maintenance of the car, except arising as a result of insurance case during the rental period;
-in case of detection of unfitness of the Car for operation not through the fault of the Lessee, to carry out its replacement with another
-The car, which is available to the Lessee;
to ensure the Car (CASCO) for the period of its operation by the Lessee;
to warn the Lessee about special features and shortcomings of the Vehicle, which are known to him and maybe dangerous to life, health, a property of the Lessee or other persons, or cause damage to the Vehicle during use.
2.3. The lessee has the right to:
2.3.1. use the Car only on the territory of Ukraine;
2.3.2. require early termination of this Agreement, if the transferred Car has defects that prevent its use, which was not discussed by the Lessee at the conclusion of the Agreement, or were not known in advance to the Lessee and could not be detected by the Lessee during inspection or serviceability. ;
2.3.3. to demand early termination of this Agreement, if the Car, due to circumstances for which the Lessee is not responsible, is in a state unusable.
2.4. The Lessee is obliged to: accept the Car on the basis of the Acceptance Act within the period specified in this Agreement, pre-check the general condition of the Vehicle and warn in case of defects, indicate them in the Acceptance Certificate, and return the Car at the end of the rental period, specified in this Agreement, on the basis of the Acceptance Certificate, signed by the parties in the condition and configuration in which the Car was accepted by the Lessee, subject to normal wear and tear.
use the Car for its intended purpose, prevent damage, maintain it in proper technical condition, do not disassemble, as well as any interference in the design of the Car, including not to install additional equipment on the car, not to replace components and units of the Car;
not to transfer the Car for rent, sublease, and also in management to the third parties;
during the rental period of the Car to bear responsibility and expenses for violation by him of the Rules of traffic, parking, other actions violating the current legislation of Ukraine, the rights of the Lessee;
reimburse the Lessee for all damages that he may suffer from the above violations;
not to allow driving under the influence of alcohol, drugs, toxins, or other intoxicants. The Lessee warrants that he or other persons authorized to drive the Vehicle in accordance with this Agreement shall not have any physical or/or mental illness or disorder that is an obstacle to driving the Vehicle.
to bear the costs associated with the operation of the rented Car, during the entire rental period (car wash, refueling, refueling with lubricants and process fluids, tire inflation, wheel balancing);
not to use the Car for commercial purposes, sports competitions, as an instrument of crime, to tow any other Cars or to move with a trailer, as well as to learn to drive. The Lessee is not entitled to use the upper trunk of the rented Car;
notify about the early return of the Car and termination of the Agreement during the working hours of the Lessee, not less than 24 hours before the scheduled date of return of the Car, while the Lessee recalculates services according to the rental rate with 80% of the return amount. In case of violation of this requirement, the Lessee shall be charged a fine in the amount of the equal cost of renting the car for each day of the rental period under the Agreement;
notify the Lessee in advance of the extension of the rental period during working hours, not less than 24 hours before the end of the rental period established by the Agreement. In case of car rental for one day, the Lessee is obliged to notify the intention to extend the rental at least 6 hours before the end of the rental period established by this Agreement, otherwise, he is not guaranteed to continue the rental service. Each extension of the Car rental period must be made in writing at the Lessee's office by concluding a new Car Rental Agreement. If the Car is not returned to the designated place and within the period specified by this Agreement after 24 hours from the expiration of the rental period and not notifying the Lessee of the extension of the Rental Agreement, the Lessee has the right to apply to law enforcement agencies to initiate criminal proceedings. In this case, the Lessee deducts an amount equal to the cost of renting the Car for overdue days, and the pledge, in this case, is not returned by the Lessee;
in case of delay in the return of the Car (if there was no prior written agreement) for more than 2 (two) hours, pay a fine in the amount of the cost of one day of rental of the Car;
not to allow other persons to drive the car without the consent of the Lessee;
to present to the Lessee the Car for carrying out a preventive inspection at least once in 15 days, and also for the period of carrying out technical inspection and replacement of technological liquids;
notify the Lessee of all technical faults detected during the use of the rented Car. Discharge of the battery caused by non-disconnection of electrical devices when the car engine is not running is the direct fault of the Lessee. Battery replacement, in this case, is made by the Lessee for a fee;
in case of loss, replacement, or damage of units, assemblies, parts, tools during the term of the Rental Agreement, the Lessee shall reimburse the Lessee for their double market value;
to return the Car to the address: Kyiv, 3 Vasylkivska Street, in time within the term specified in item 6.1. of this Agreement, and in case of early termination of the Car Rental Agreement, immediately after its termination.
return the Car in its pure form with the amount of gasoline not less than that specified in the Acceptance Certificate (or pay for missing fuel at a price of 30 hryvnias per liter), complete and in a condition suitable for its further use without additional costs to the Lessee.
If the Lessee was not able to wash/clean the car before returning it, he must pay a fine of UAH 1,500, and the deposit for the car is returned only after washing the car and its visual inspection.
3. Liability for damage
Liability for damage caused to life, health, and property of third parties as a result of the operation of the leased Car in excess of the amount established by the terms (rules) of insurance, is borne by the Lessee;
The lessee independently, at his own expense and in full bears the costs associated with the damage caused to his life and health, as well as the life and health of passengers who were in the car during its operation by the Lessee;
The Lessee bears full material responsibility for any damage caused to the Lessee's Car, in connection with which it reimburses the Lessee for the insurance deductible (in case of loss of the Vehicle - 15 (fifteen)% of
the actual cost of the vehicle, for all other insured events - 5 (five)% of the actual cost of the vehicle), the cost of transportation to the service station in Kyiv, compensation for reducing the cost of the car, as well as the amount of unearned income throughout the car until the car suitable for use by the Lessee;
3.4. The Lessee shall be independent, at his own expense, and in full liability for damage caused to the luggage belonging to him or to the passengers on the right of ownership or in their use and were in the Car during its operation by the Lessee.
3.5. If you leave a set of documents for the Car and/or its keys, the Lessee shall reimburse the Lessee the full cost of the rental car under this Agreement in case of its theft, as the insurance indemnity does not occur.
3.6. In case of violation of conditions of points: 4.5., 5.4., 5.7. of this Agreement, the Lessee is fully liable for the car he received for rent, as the insurance indemnity does not occur.
4. Operating conditions and responsibilities of the Lessee to return the Car
The car can be driven by a driver not younger than 23 years, who has a valid driver's license and driving experience of at least 2 years;
The car may be driven by any other person specified by the Lessee in this Agreement, which satisfies the requirements of the Lessee and specified in the Agreement (additional driver);
The Lessee is fully responsible and guarantees compliance with the terms of this Agreement by an additional driver to whom he will entrust the management of the car;
During the period of non-use of the Car, the Lessee must leave the Car only in the guarded parking lots, but the Car on the alarm.
The employer is not allowed to:
push or pull the car, trailer, and other objects;
use the Car in races, rallies, tests, and similar events;
to drive a car in a state of alcohol drinks ( drunk ) or under the influence of drugs,
hallucinogenic drugs, and other drugs that affect consciousness and the speed of reaction;
violate traffic rules, customs rules, and other requirements of current legislation;
Sanctions for speeding violations (Deducted from collateral value): Exceeding the speed limit by 50 km - a fine of $ 100; Exceeding the speed limit by 70 km - a fine of $ 200; Exceeding the speed limit by 90 km - a fine of $ 300; Exceeding the speed limit by 110 km - a fine of $ 500; Exceeding the speed limit by 120 km - a fine of $ 1,000; Exceeding the speed limit by 150 km - a fine of $ 2,000. Collateral is not refundable for driving while intoxicated.
to export the Car outside the territory of Ukraine.
The Lessee undertakes to pay the invoices for the elimination of defects of the Car, identified within 2 days after the expiration of the Car Rental Agreement, provided that the Car has not been operated these days. The obligation to pay the invoices is fulfilled by the Lessee immediately;
Return of the Car is made out by the Act of acceptance-transfer which is signed by the parties of the Agreement in which the data characterizing should be specified:
complete set of the car and its technical condition;
list of documentation for the Car;
the cost of compensation for loss or damage to the Car and/or its equipment;
other data that the parties consider necessary to reflect in the Act.
5. Damage and theft of the car. Insurance.
5.1. The amount of damage to be compensated by the Lessee to the Lessee is estimated at the Service Station
Lessee at its rates. In case of disagreement with the estimated amount of damage, the Lessee has the right to apply to an independent appraiser to assess the damage at his own expense. If no agreement is reached on the amount of damage, the issue is referred to court;
5.2. Accessories and additional equipment are not insured. The lessee bears full material responsibility in case of their loss or damage in the amount of their value;
5.3. The Lessee (additional driver) is obliged to comply with the terms of this Agreement, necessary to protect the interests
The Lessee and his Insurance Company during the rental period;
In the event of an accident, theft, and/or illegal actions of third parties in relation to the Car, the Lessee must immediately
NOTIFY the Lessee, and no later than 36 hours after such an event to provide the Lessee
originals received from the relevant state bodies, depending on the event, documents confirming
its occurrence: the initial certificate of the accident, and/or a certificate from the traffic police about the theft of the car and/or a certificate from law enforcement agencies about other illegal actions in relation to the Car, which are necessary for the Lessee to receive insurance compensation.
In case of an accident and damage to the rented car, in the absence of fault of the Lessee, the collateral remains with the Lessee, until the package of documents for the insurance company, according to the requirements of the Insurance Contract and current legislation of Ukraine.
In case the Lessee does not provide a package of documents for the insurance company, the Lessee deducts from the Lessee's deposit 2500 hryvnias for independent collection of documents. In addition, if the accident occurred through the fault of the Lessee, the amount that is not reimbursed by the Insurer under the insurance contract (unconditional deductible) is deducted from his pledge.
In the event of a traffic accident and damage to the rental car, which occurred through the fault of the Lessee, the Lessee has the right to collect from the Lessee a sum of money for loss of goods of the Car, as well as the amount of downtime for the entire repair period.
5.7. In case of loss of the Car under any circumstances, the Lessee undertakes:
immediately submit an application to the nearest branch of the Ministry of Internal Affairs and notify the Lessee of this event;
provide the Lessee with a certificate from the police on the registration of his application for the fact of loss of the Car;
return the documentation submitted by the Lessee to the Car and the car keys to the Lessee;
fill in the application indicating the circumstances that occurred.
5.8. The Lessee shall reimburse the Lessee for the damage caused in the amount determined by the Lessee in the following cases:
if at the time of the insured event the Lessee or the additional driver was in an alcoholic state,
drug or other toxic intoxication or left the scene of the accident or refused to undergo a medical examination;
if the Lessee intentionally caused damage to the car;
if the Lessee grossly violated traffic rules, thereby causing an accident (crossing a double
separate line, traffic at a red traffic light ...);
if the damage to the Car is caused as a result of its use for transportation of dangerous goods
(self-igniting, explosive, radioactive substances and objects, etc.), violation of fire safety regulations,
rules of use of the Car;
loss or damage of components or additional equipment;
damage to the car caused by the use of poor quality or not meeting the technical requirements of the fuel
lubricants and process fluids;
if the Car was used for off-road driving, participation in competitions;
if at the time of the accident the car was driven by a person not specified in the Agreement, or who did not have a driver's license
the right to drive vehicles of this category;
theft of the Car together with the registration documents and/or ignition keys left in it;
damage to tires and wheels, damage to other components and units of the Car, theft or replacement
spare wheel or tools;
when the damage or its part is not reimbursed by the Car Insurance Contract;
in other cases provided by this agreement.
6. Term of the contract
6.1. This Agreement shall enter into force upon its signing by the parties and shall be valid in accordance with the act of acceptance of the transfer of the car, or until the date of early termination of this agreement.
6.2. Termination under the Agreement is the date and time of delivery of the Car under the Act of acceptance and transfer of the Car.
7. Payment for rent and collateral
Payment for the services of the Lessee is made at the rates of the Lessee. The amount of payment for the use of the Car for the entire term of this Agreement is specified in the act of acceptance of the transfer of the car. With a daily mileage of no more than 200 km, the mileage costs 26 hryvnias for each kilometer.
The Lessee, in accordance with this Agreement, before receiving the car for rent, pays money for the rental of the Car to the current account of the Lessee.
8. Responsibility of the parties
For non-compliance with the terms of this Agreement, the parties shall be liable under this Agreement, and in the absence of instructions on liability in the Agreement - in accordance with the current legislation of Ukraine.
The Lessee who delays the return of the Car to the Lessee bears the risk of accidental damage or destruction.
In everything that is not provided by this Agreement, the Parties are guided by the current legislation of Ukraine.
8.4. All disputes and disagreements related to the signing or implementation of this Agreement shall be considered in the competent court in the manner prescribed by applicable law of Ukraine.
9. Final provision
Upon receipt of reliable information that the Lessee has provided inaccurate information, the Lessee unilaterally without any prior notice, has the right to terminate the Agreement and demand the immediate return of the Car or withdraw the Car regardless of its location. The right to return the deposit, in this case, remains with the Lessee.
The Agreement is terminated early in case of force majeure when the performance of the Agreement becomes impossible regardless of the will of the parties. One party shall notify the other Party of the occurrence of force majeure within 2 days from the date of occurrence of such circumstances.
This agreement is made in two copies, one of which is in the Lessee, and the other - in the Lessee. All changes to the terms of this Agreement are void and void if they have not been made in writing and not sealed 1 signatures of the parties.
9.4. From the moment of receiving the Car for use before handing it over to the Lessee, the Lessee is the actual owner of the Rented Car and, in accordance with the current legislation of Ukraine, is civilly liable to third parties and for damage caused by the Car.
10. Addresses and details of the parties are specified in the act of acceptance of the transfer of a car.