Terms and Conditions

Terms and Conditions

FOR THE VEHICLE RENTAL AGREEMENT

effective as of May 30, 2023

1. General Provisions

1.1 These Terms and Conditions (hereinafter referred to as “T&C”) constitute an integral appendix to the vehicle rental agreement, concluded by each Lessee in case of interest in renting a Vehicle offered by the Lessor through the website www.ario.sk (hereinafter referred to as the “Website”), operated by the Lessor. The Lessee declares and confirms in full that they have read these T&C, understood their content, and, as a sign of consent to their content, in particular the rights and obligations of the Contracting Parties, accepted the T&C by actively checking the appropriate checkbox on the relevant page of the Website.

1.2 The Lessor for the purposes of these T&C is considered to be the company ARIO RENT s.r.o. with its registered office at Šafárikova trieda 288/17, 040 11 Košice, ID No. 55221386, VAT ID SK2121903762, registered in the Commercial Register kept at the District Court Košice I in section: Sro, insert no. 56020/V.

1.3 The Lessee, for the purposes of these T&C, means any legal entity, natural person – entrepreneur, natural person – non-entrepreneur, who rents a Vehicle offered by the Lessor through the Website. The Lessee acknowledges that if the Lessee, as an entrepreneur, rents a Vehicle from the Lessor, the adjustment of the rights and obligations that applies when the Lessee is a consumer does not apply to them. For the purposes of an entrepreneur Lessee, every Lessee who rents a Vehicle from the Lessor in such a way that their trade name/business name, registered office/place of business, ID No., VAT ID, is indicated in the order made through the Website. In case these T&C do not expressly state otherwise, the term “Lessee” always includes both a Consumer Lessee and an Entrepreneur Lessee.

1.5 The supervisory authority is the Slovak Trade Inspection (SOI), the Inspectorate of the SOI for the Košice Region, with its registered office at: Vrátna 3, P.O. BOX A-35, 040 65 Košice 1, telephone number 055/729 07 05, 055/622 76 55, email: ke@soi.sk http://www.soi.sk

http://www.soi.sk/sk/Filing-complaints-proposals-and-requests.soi

2. Definitions of Some Basic Terms

“Commercial Code” is Act No. 513/1991 Coll. of the National Council of the Slovak Republic, the Commercial Code, as amended,

“Civil Code” is Act No. 40/1964 Coll. of the National Council of the Slovak Republic, the Civil Code, as amended,

“Consumer Protection Act” is Act No. 250/2007 Coll. of the National Council of the Slovak Republic on consumer protection, as amended;

“Agreement” is the vehicle rental agreement under which the Lessee rents the Vehicle from the Lessor through the Website in return for payment,

“Contracting Party” means each contracting party to the Agreement separately, i.e., the Lessee and the Lessor;

“Contracting Parties” is the joint designation of the Lessee and the Lessor as Contracting Parties in connection with the Agreement;

“Vehicle” means the specific motor vehicle specified in the Confirmation email, which the Lessee rented through the Website from the Lessor,

“Tax Document” is a tax document issued by the Lessor for the purpose of paying the Rent for the Rental of the Vehicle, or for the purpose of paying other payments for which the Lessor is entitled based on the Agreement and its annexes,

“Interested Party” is a potential Lessee who expresses an interest in renting a vehicle offered by the Lessor through the Website, regardless of whether the Agreement is actually concluded, “Complaint” is the exercise of the Lessee’s right to claim the Lessor’s liability for defects in the performance provided by the Lessor based on the Agreement. The conditions for the exercise of Complaint are governed by the Complaints Procedure,

“Price List” means the price list of services, fees, and actions of the Lessor, containing a specification of the remunerations provided by the Lessor (including potential remunerations) related to the use of the Vehicle,

“Rent” means the payment made by the Lessee for the use of the Lessor’s Vehicle under the conditions specified in the Agreement and its annexes,

“Rental” means the temporary paid provision of the Vehicle by the Lessor to the Lessee under the conditions specified in the Agreement and its annexes,

“Damage” means damage and/or loss and/or theft and/or destruction of the Vehicle, including damage to the health and/or property of the Lessor/third parties.

3. Lessor’s Declaration

  1. The Lessor hereby declares and confirms that:
  2. they are the holder of the Vehicle specified in the Agreement,
  3. the Vehicle is properly registered under the relevant motor vehicle registry, in accordance with the applicable legal regulations, as of the date of signing the Agreement and during its agreed term,
  4. they have properly and timely concluded the appropriate insurance contract for mandatory and collision insurance for the Vehicle, valid for the territory of the Slovak Republic and other states of the European Union (hereinafter “EU”),
  5. they have properly and timely paid and will pay the due road tax for the Vehicle,
  6. the Vehicle complies with all legal and technical requirements for its use.

As per the Agreement,

  1. The Vehicle has passed and has a valid emission and technical inspection,
  2. The Vehicle has a valid highway vignette for the territory of the Slovak Republic.

4. Rights and Obligations of the Lessor

  1. The contracting parties expressly agree that the Lessor is entitled to verify, at any time during the term of the Agreement, the proper technical condition of the Vehicle and the compliance with all other obligations of the Lessee arising from the content of the Agreement or its attachments. For this purpose, the Lessee undertakes to provide the Lessor with proper and timely cooperation.
  2. If a defect occurs on the Vehicle during the use based on the Agreement, due to which the Vehicle is inoperable or unsuitable for use on public roads, except in the case of an insurance event or other circumstance caused by the Lessee, the Lessor undertakes to provide the Lessee with a replacement vehicle of a comparable category for the period of rectification of the specific defect on the Vehicle, but no later than within 3 working days. In the event of a defect on the Vehicle that does not hinder its use, the Lessee undertakes to continue using the Vehicle in accordance with the agreed conditions in the Agreement and its attachments. In case of doubt whether it is a defect that hinders or does not hinder the use of the Vehicle in accordance with this point of the General Terms and Conditions, the Lessor’s decision is final, and the Lessor is obliged to inform the Lessee about this conclusion without delay. In the case of rectifying defects on the Vehicle, the Lessee is not liable for rent (the calculation will be made proportionally according to the number of hours required to rectify the defects). In case of providing a replacement vehicle to the Lessee, the Lessee is obliged to pay the Lessor rent for the replacement vehicle, but no more than the agreed rent according to the Agreement.
  3. In the event of an insurance event, its settlement is ensured by the Lessor, and the Lessee undertakes to provide proper and timely cooperation for the successful settlement of the insurance event. This provision does not affect any other claims of the Lessor against the Lessee.

5. Rights and Obligations of the Lessee

  1. The Lessee acknowledges that they are entitled to use the Vehicle only for the duration specified in the Agreement, strictly in accordance with the legal regulations, the Agreement and its attachments, the vehicle’s user manual, and any other documented instructions provided by the Lessor. If the Lessee is an individual, and the right to use the Vehicle under the Agreement is held by another person, this fact must be indicated in the Agreement. In case the Lessee is a legal entity, the authority to use the Vehicle under the Agreement rests with its statutory body or a member of the statutory body, and their full name must be specified in the Agreement. If someone else is to have the right to use the Vehicle under the Agreement, this fact must be included in the Agreement, including the required identification of this person. If the Lessee provides another person with the authority to drive the Vehicle, they declare that they have the consent to provide the personal information of this person, including their title, name, surname, address, date of birth, and driver’s license number, to the Lessor for the purpose of concluding the Agreement.
  2. The Lessee is obligated to regularly check the condition and level of operational fluids (e.g., fuel, windshield washer fluid). The replenishment of operational fluids is only allowed after agreement with the Lessor, following the manufacturer’s instructions. The Lessee is responsible for covering the cost of windshield washer fluid and fuel during the rental, as well as the reimbursement of minor damages that occur during the rental, which are not the result of a manufacturing defect in the Vehicle. The Lessee is required to use the type of fuel specified in the Agreement and purchased only from internationally recognized fuel stations. The Lessee is obligated, upon request from the Lessor, to provide an invoice for fuel purchases for the Vehicle from the fuel station. In the event that the Lessee refuels with the wrong type of fuel, the Lessee is responsible for the resulting damage and the associated costs of repair.
  3. The Lessee is aware of their obligation to bring the Vehicle in for service inspection as indicated by the onboard computer in the Vehicle. In case of failure to comply with this obligation, the Lessor has the right to demand a contractual fine in the amount of €400.00. The contractual fine is due based on the tax document issued by the Lessor. The exercise of the right to pay the contractual fine does not affect any potential claims for damages in full.
  4. Throughout the entire duration of the Agreement, the Lessee is obliged to ensure the proper and timely fulfillment of all obligations arising from the Agreement, its attachments, and demonstrable instructions from the Lessor. The Lessee is not authorized to use the Vehicle as collateral or guarantee, burden the Vehicle in any way, or allow any third-party rights to the Vehicle. Similarly, the Lessee is not allowed to sublease or grant the use of the Vehicle to any third parties. The Lessee is only allowed to grant the use of the Vehicle to persons specified in the Agreement, and in such cases, the Lessee is liable for any damage as if they had used the Vehicle themselves.
  5. The Lessee acknowledges that they are fully responsible for any damage or other harm (both material and non-material) caused to the Lessor and/or third parties as a result of the use of the Vehicle. To avoid any doubt, the contracting parties declare that the Lessee is considered the operator of the Vehicle during the rental period. The Lessee declares that they are aware of the obligation to handle the Vehicle in a manner that prevents any damage to it. Furthermore, they are obliged to promptly inform the Lessor of any damage as well as any defects in the Vehicle (including potential ones).
  6. The Lessee undertakes to inspect the technical condition of the Vehicle thoroughly, especially the condition of the engine oil, coolant, brake fluid, and the condition of the tires, both at the time of picking up the Vehicle from the Lessor and before each use. As soon as the Lessee discovers any defects in the Vehicle, they are obligated to inform the Lessor promptly and demonstrably. The Lessee acknowledges that the Lessor is obliged to remedy any defects within a reasonable time frame, depending on the nature of the specific defect.
  7. The Lessee is aware that, under no circumstances, they are allowed to perform any technical interventions on or within the Vehicle without demonstrable instructions from the Lessor. In the opposite case, the Lessor has the right to request the reversal of such modifications/interventions and the restoration of the Vehicle to its original condition. This procedure does not affect the Lessor’s right to claim compensation for damages and all costs associated with the unauthorized intervention by the Lessee, and the elimination of the resulting consequences. If additional modifications/interventions carried out by the Lessee cannot be removed without devaluing the Vehicle, the ownership of these modifications will be transferred to the Lessor, and the Lessee will have no claim for reimbursement of the costs incurred. This does not affect the right to compensation for any incurred damage.
  8. The Lessee is responsible for bearing all expenses (fines) or other sanctions imposed by authorized authorities, e.g., in the case of a traffic offense or in connection with the operation of the Vehicle or its unsatisfactory technical condition. This also applies if a fine is imposed on the Lessor by the competent authorities as the vehicle holder for violating the obligations of the vehicle holder in accordance with § 6a of Act No. 8/2009 Coll. on Road Traffic as amended. The Lessee is also required to:
    1. Always act to prevent any damage or potential damage to the Vehicle,
    2. Adhere to the approved maximum load capacity of the Vehicle,
    3. Refrain from using the Vehicle to transport third parties and/or property for business purposes,
    4. Refrain from using the Vehicle to transport goods that contravene customs regulations or in any other illegal way,
    5. Refrain from using the Vehicle to transport third parties and/or property for remuneration,
    6. Refrain from using the Vehicle for towing or propelling any other vehicle and/or trailer,
    7. Refrain from using the Vehicle to transport any flammable, radioactive, poisonous, or other dangerous substances,
    8. Adhere to the maximum daily limit of kilometers driven as specified in the Agreement. In the case of long-term rentals, adhere to the maximum monthly limit of kilometers driven as specified in the Agreement. In case of doubts, the precise determination of the number of kilometers driven will use the arithmetic average of the kilometers driven during the assessed period,
    9. Use the Vehicle exclusively on the territory of the Slovak Republic and the EU member states. However, in case the Vehicle is used outside the territory of the Slovak Republic, the Lessee commits to notify the Lessor in advance, demonstrably, at least 24 hours before such use,
    10. Ensure the Vehicle with all security devices it is equipped with when parking. The Lessee is aware that the vehicle registration certificate should not be left in the Vehicle upon its abandonment,
    11. Immediately and demonstrably notify the Lessor of the loss or theft of any document necessary for the use of the Vehicle, the keys to the Vehicle, and/or keys to the mechanical security device, remote control, license plate, or any other Vehicle accessory. The Lessee acknowledges that they bear the cost of replacing lost or stolen items in full,
    12. Refrain from any interference with the electronic, technical, or mechanical settings of the Vehicle, with the exception of ordinary optional settings of the Vehicle, and refrain from modifying data or interfering with the odometer reading,
    13. Immediately, and regardless of the previously mentioned facts, notify the Lessor promptly and demonstrably if a defect in the Vehicle occurs, or if a service intervention is required. Otherwise, the Lessee is responsible for any damage incurred due to the breach of this obligation,
    14. Thoroughly, properly, and timely comply with all instructions from the Lessor regarding the maintenance and repair of the Vehicle and its equipment,
    15. Adhere to the maintenance plan of the Vehicle prescribed by the manufacturer (if presented to the Lessee by the Lessor as an attachment to the Agreement),
    16. Immediately and demonstrably report to the Lessor any insurance event, as well as report the expected extent of possible damage and follow the instructions of the Lessor. Otherwise, the Lessee is responsible for any damage or harm (both material and non-material) incurred as a result of breaching this obligation. The Lessee is also obligated to immediately and demonstrably inform the Lessor of the circumstances of the insurance event and undertake to provide the Lessor with proper and timely assistance in the liquidation of the insurance event according to any requests from the Lessor. In the event of an insurance event, the Lessee is required to immediately report the insurance event to the relevant police department and promptly demonstrate the report to the Lessor. Otherwise, the Lessee is responsible for any damage or harm (both material and non-material) incurred due to the breach of this obligation.
    1. If, for any reason, the Vehicle becomes inoperable, the Lessee undertakes to promptly and demonstrably notify the Lessor of this fact. Simultaneously, the Lessee undertakes to take all necessary measures to secure the Vehicle against further damage, loss, theft, or destruction.
    2. The Lessee undertakes to carry only the allowed number of persons in the Vehicle and not to use it for transporting oversized, polluted, or hazardous cargo. The transport of any animals in the Vehicle is prohibited.
    3. The Lessee-consumer is aware that in accordance with Section 7 paragraph 6 of Act No. 102/2014 Coll. on the protection of consumers when selling goods or providing services based on a distance contract or a contract concluded outside the business premises of the seller and on the amendment of certain laws, they have no right to withdraw from the Agreement.

 

6. Conclusion and Formation of the Agreement

  1. The minimum age set by the Lessor for the conclusion of the Agreement and for driving the Vehicle is 21 years. The Lessee or the person who will drive the vehicle must hold the appropriate driver’s license and must not be subject to a ban on driving the Vehicle in any of the EU countries.
  2. The Applicant can choose a Vehicle from the Lessor’s offer, which is listed on the Website. If the Applicant selects a vehicle from the Website, by entering their order and submitting it, they confirm that they have checked all the technical parameters of the vehicle, the conditions for concluding the Agreement, and the current versions of its attachments, especially the General Terms and Conditions, Price List, and Personal Data Processing Terms.
  3. The vehicle selected by the Applicant on the Website will be specified within the remote contract being concluded, and the Applicant has the right to terminate the contract formation process, cancel the order, or exchange the selected vehicle at any time. At the same time, the Applicant is always provided with information about the Rental, the amount of the Deposit, the price of other services ordered by the Applicant, and the current total payment amount that the Applicant will be obliged to pay to the Lessor upon conclusion of the Agreement.
  4. The Lessor processes personal data provided by the Applicant in accordance with applicable law, and details of personal data processing can be found on the Website.
  5. All electronically received orders by the Lessor are considered a proposal to conclude a vehicle rental agreement and are binding. After sending the order, an information email will be sent to the Applicant’s specified email address (hereinafter referred to as the “Information Email”). By sending the Information Email, the Lessor confirms the inclusion of the order for processing. The Applicant acknowledges that sending the Information Email does not mean the formation of the Agreement, nor does it confirm the order itself. The Information Email confirms solely the commencement of order processing for the Applicant. All subsequent information related to the specific order will be sent to the same email address.
  6. After receiving the order, the Lessor checks the availability of the vehicle and the specified Rental amount for the ordered vehicle, the amount of the Deposit, and the payment for other services specified by the Applicant in the order.
  7. If the Lessor does not have the vehicle in question, the Lessor will promptly notify the Applicant by email, sent to the email address from which the order was submitted. The order sent by email, according to this point, is considered canceled, or the proposal to conclude a vehicle rental agreement by the Lessor is rejected. However, the Lessor is entitled in such an email to inform the Applicant about other vehicles available and the opportunity to place a new order for a different vehicle offered by the Lessor through the Website.
  8. If the Lessor has the ordered vehicle and the Rental amount, Deposit, and payment for any other services are correct, the Lessor will confirm the Applicant’s order by sending an email confirming the specific order to the Applicant (hereinafter referred to as the “Confirmation Email”). Before sending the Confirmation Email, the Lessor reserves the right to contact the Applicant via a video call to the Applicant’s specified phone number to verify the accuracy of the personal data provided by the Applicant. At the request of the Lessor, the Applicant undertakes to present identification documents and a driver’s license via video call to verify the accuracy of the provided personal data.
  9. The Confirmation Email will include confirmation of the total price for the Rental, consisting of the Rental fee and payment for any other services and/or actions ordered by the Applicant (hereinafter referred to as the “Payment”). The current prices for services and actions provided by the Lessor are listed in the Price List, which is an attachment to the Agreement.
  10. By sending the Confirmation Email, the contractual relationship (Agreement) is considered concluded. The Agreement is concluded by the binding acceptance of the proposal to conclude a vehicle rental agreement by the Applicant and the Lessor. Upon conclusion of the Agreement, the Applicant becomes the Lessee. The binding acceptance of the Applicant’s order by the Lessor is an email confirmation sent by the Lessor to the Applicant’s designated email address. The Confirmation Email contains, in particular, the following information:
    1. the identification of the Lessee, if it is a Lessee-consumer: their title, name, surname, address, date of birth, driver’s license number, email, and phone number; if it is a Lessee-business: their business name, registered office/place of business, ID number, VAT ID, email, and phone number. Each Lessee-business is also obliged to provide the driver’s license number of the person authorized to drive the Vehicle,
    2. specification of the Vehicle and ordered services with the Payment amount,
    3. type of fuel,
    4. the amount of the Deposit,
    5. maximum mileage limits,
    6. place, date, and method of Vehicle delivery/return,
    7. the minimum participation of the Lessee in the event of an insurance event.
  11. The contractual parties declare that, based on the Agreement, the Lessor transfers the temporary use of the Vehicle to the Lessee, under the conditions set out in the Agreement and its attachments, and the Lessee accepts this vehicle for temporary use and undertakes to pay the agreed Payment to the Lessor.
  12. The Agreement is concluded for a fixed period, starting from the moment of delivery of the Confirmation Email to the moment of signing the Handover Protocol. The expiration of the Rental period does not prevent the contracting parties from mutually asserting claims and their settlement, the content of which suggests that at least one of the contracting parties will be interested in their settlement in accordance with the arrangements, within the deadlines and in the manner specified in the Agreement and its attachments.

The Rental period can be extended only by mutual agreement of the contracting parties, which can also be concluded by email.

 

7. Deposit

  1. The Lessee acknowledges that a part of the contractual terms and a condition for handing over the Vehicle to the Lessee is the proper and timely payment of a monetary amount determined by the Lessor to cover any Damage and/or any obligations of the Lessee arising from the Agreement and its attachments (hereinafter referred to as the “Deposit”).
  2. The Lessee undertakes to pay the Deposit in the amount specified in the Confirmation Email, and the payment of the Deposit is a condition for the handover of the Vehicle to the Lessee. In case of non-payment of the Deposit properly and on time, the Lessor is entitled to withdraw from the Agreement. The Lessee undertakes to pay the Deposit to the Lessor upon the handover of the Vehicle in cash (which the Lessor will confirm with a receipt) or by blocking the Deposit amount on the Lessee’s account using a payment card through a technical device, which the person authorized by the Lessor will have with them upon the handover of the Vehicle.
  3. The Deposit will not accrue interest in favor of the Lessee.
  4. In case the Deposit amount decreases due to its use by the Lessor in accordance with this Agreement and its attachments, the Lessee is obliged to top up the Deposit based on the Lessor’s request to the current amount calculated in accordance with the Agreement and its attachments. In case of the Lessee’s failure to meet this obligation within the period determined by the Lessor, the Lessor is entitled to withdraw from the Agreement.
  5. The Deposit will be returned to the Lessee upon the expiration of the Agreement or after the termination of the Agreement in another way, within 7 days after the handover of the Vehicle to the Lessor, with the Lessor reserving the right to set off the amount due to the Deposit against any amount that remains unpaid to the Lessor according to the Agreement and its attachments (including contractual fines or late interest). In the event of the occurrence of an insurance event and/or Damage (actual or potential) to the Vehicle and/or in connection with the use of the Vehicle under the Agreement and its attachments, the Lessor is entitled to retain the Deposit until the final resolution of the insurance event and/or Damage and the settlement of all related claims. In case the retained part of the Deposit is insufficient to cover any outstanding underpayments or Damage, the Lessee is obliged to pay such obligation to the Lessor based on a Tax Document issued by the Lessor.

 

8. Rent, Compensation

  1. Rent is determined by the amount for one day of the Lease and the number of days of the Lease. One day of the Lease is considered to be 24 hours from the day and time specified in the Protocol. The time spent in the handover and return of the Vehicle is also included in the Lease period. The parties to the contract have agreed that if the Lease lasts less than one day, the Lessee is obliged to pay the Rent for the entire day. In the event that the Lessee is late in returning the Vehicle by more than one hour, the Lessor is entitled to demand payment of the Rent for an additional day.
  2. By sending the order, the Prospective Customer confirms that they agree to the amount of the Rent, as well as other payments for additional services specified in the order and Confirmation emails and undertakes to pay them to the Lessor based on the Tax Document issued by the Lessor by the due date indicated therein.
  3. In the case of a Lease exceeding 30 days, the Lessor is entitled to change the amount of the Rent by notifying the Lessee by email at least 5 days in advance. The Lessee is entitled to withdraw from the Contract, taking into account this fact, and return the Vehicle to the Lessor within 5 days at the latest. The Lessee is required to notify the Lessor by email without unnecessary delay. If the Lessee does not withdraw from the Contract within the specified period in accordance with this section of the T&C, it is considered that they agree to the increase in the Rent and undertake to pay the Lessor the Rent at the changed amount from the date of delivery of the notice of the change in the Rent if the Lessor did not specify a later date of effectiveness in the notice.
  4. Rent is due on the day the Lease commences. The Lessee acknowledges that the payment of Compensation is a condition for the delivery of the Vehicle to the Lessee. In the case of a Lease lasting more than 30 days, the Rent will be charged to the Lessee on the first day of each subsequent month. The Lessee agrees and acknowledges that the Lessor is entitled to invoice the Rent and issue a separate invoice for each completed calendar month of the Lease, up to the last day of the month, even if the Lease continues into the next calendar month.
  5. In the event that the Lessee decides to terminate the Lease earlier than agreed in the Contract, they are obliged to pay the Lessor the original amount of Rent as agreed.
  6. In the event that the Lessee is delayed in paying the Compensation, or any part thereof, for more than 7 days, and the Lessee does not meet their obligation even after an additional request from the Lessor sent by email within the deadline set by the Lessor, the Lessor is entitled to terminate this Contract.
  7. By sending the order, the Prospective Customer confirms that they have fully acquainted themselves with the Price List, the content of which the parties to the Contract undertake to rely on in determining the compensation for other performances of the Lessor in connection with the provision and/or use of the Vehicle on the basis of the Contract and its attachments.
  8. In the case of late payment of Compensation, or any part thereof, the Lessor is entitled to request payment of default interest calculated in accordance with the applicable legal regulations.

 

9. Handover and Return of the Vehicle

  1. In accordance with the content of the Agreement and its attachments, the Lessor undertakes to hand over the Vehicle to the Lessee along with the documents necessary for the use of the Vehicle. Such documents include the technical card and an international automobile insurance card.
  2. An acceptance and handover protocol (hereinafter referred to as the “Protocol”) will be drawn up by the Contracting Parties regarding the handover and acceptance of the Vehicle by the Lessee. The Protocol includes the date and exact time of the Vehicle’s handover to the Lessee.
  3. Regardless of other facts stated in the Agreement or these Terms and Conditions, the Contracting Parties have agreed that the Lessor will deliver the Vehicle to the Lessee at the place and time specified in the Agreement. The Contracting Parties are obliged to arrive at the specified place at the designated time and provide full and timely cooperation to take over the Vehicle and sign the Protocol.
  4. Before signing the Protocol, the Lessor is entitled to request the Lessee to provide proof of identity and a driver’s license for the purpose of confirming the accuracy of the provided personal information.
  5. The Lessor undertakes to hand over the Vehicle to the Lessee on the day the Lease begins, in a condition suitable for operation and use according to the Agreement, at the location specified in the Agreement or another location mutually agreed upon by the Contracting Parties.
  6. The Contracting Parties expressly agreed that the Lessor will deliver the Vehicle to the Lessee with a full fuel tank. The Lessee is obligated to verify this fact immediately upon taking possession of the Vehicle, and later objections in this regard will not be considered.
  7. The Vehicle is considered to be handed over to the Lessee at the moment of signing the Protocol, which includes the necessary documents for the use of the Vehicle and the keys to the Vehicle, as well as any other equipment, accessories, or items agreed upon in the Agreement. The Contracting Parties expressly agreed that if the Lessee does not provide proper and timely cooperation to take over the Vehicle in accordance with the conditions negotiated in the Agreement, the Lessor is entitled to impose a contractual fine in the amount of €200.00. This contractual fine is due based on a Tax Document issued by the Lessor. The Contracting Parties also expressly agreed that if the Lessee does not provide proper and timely cooperation for the re-takeover of the Vehicle upon the Lessor’s request, which may also be made by email or by phone, the Lessor is entitled to withdraw from the Agreement. The right to demand payment of the contractual fine remains unaffected.
  8. The Lessee undertakes to carry out a thorough inspection of the Vehicle, which the Lessor is to deliver to the Lessee based on the Agreement, immediately upon its receipt. The Lessee is also obligated to inform the Lessor of any defects they have identified, which will subsequently be recorded in the Protocol, confirmed by the signatures of both Contracting Parties. Both Contracting Parties are independently entitled to create a video recording of the inspection, e.g., using their mobile phones. The Lessee expressly acknowledges that the Lessor is not responsible for defects that the Lessee could have identified during the inspection but were not listed in the Protocol. By signing the Protocol, the Lessee also confirms the receipt of the documents necessary for the use of the Vehicle and the keys to the Vehicle, as well as any other equipment, accessories, or items agreed upon in the Agreement.
  9. Upon the expiration of the Agreement or after the termination of the Agreement in another manner, the Lessee undertakes to return the Vehicle to the Lessor with a full fuel tank, undamaged, taking into account normal wear and tear commensurate with the number of kilometers driven. The Lessee will return the Vehicle to the Lessor at the location and time specified in the Agreement, unless otherwise mutually agreed upon by the Contracting Parties. The Contracting Parties are obliged to arrive at the specified place at the designated time and provide full and timely cooperation for the Lessor to take over the Vehicle. The Lessee is also obligated to return to the Lessor all documents that the Lessor provided to the Lessee upon taking possession of the Vehicle, as well as all other equipment, accessories, items, or other items agreed upon in the Agreement.
  10. A return protocol for the Vehicle (hereinafter referred to as the “Return Protocol”) will be drawn up, similar to when the Vehicle was handed over to the Lessee for use based on the Agreement. Both Contracting Parties are independently entitled to create a video recording of the return inspection, e.g., using their mobile phones.
  11. In addition to other details, the Return Protocol also includes the date and exact time of the return of the Vehicle to the Lessee. If the Lessee is late in returning the Vehicle by more than one hour from the agreed-upon rental time, the Lessor is entitled to request payment of additional rent for another day.
  12. The Lessee undertakes to return the Vehicle to the Lessor in a clean condition, including the interior. The Lessor will conduct an inspection of the Vehicle upon its return, including the mileage. Damages or defects that the Lessee did not repair or that were not fixed will be recorded in the Return Protocol, and the Lessor is entitled to have them repaired or rectified at the Lessee’s expense.
  13. The Vehicle is considered properly returned only upon signing the Return Protocol.
  14. The Lessee acknowledges that the Lessor is entitled to require the Lessee to cover any expenses in accordance with the current Price List if the Lessee does not return the Vehicle to the Lessor in the condition specified in the Agreement and its attachments (e.g., if the Vehicle is excessively dirty, if the fuel tank is not full, if the Vehicle has defects).
  15. The takeover of the Vehicle by the Lessor and the possible signing of the Return Protocol do not prevent the Lessor from making any other claims against the Lessee related to the breach of any obligations of the Lessee arising from the Agreement, the Terms and Conditions, the Price List, or other attachments.
  16. The Contracting Parties agreed that if the Lessee is obliged to return the Vehicle to the Lessor and the Lessee fails to fulfill this obligation properly and on time, the Lessor is entitled to take back the Vehicle, along with any other items provided to the Lessee by the Lessor. The Lessee acknowledges that the Lessor is equally entitled, for the purpose of locating and taking back the Vehicle, to use the services of third parties at the Lessee’s expense. At the same time, the Lessor is entitled to report to the relevant police department any facts indicating the commission of a criminal offense.

 

10. Liability for Damage and Penalties

  1. The Lessee acknowledges that they are responsible for the Vehicle from the moment of signing the Protocol until the moment of signing the Return Protocol.
  2. Regardless of other facts stated in these Terms and Conditions, the Lessee acknowledges that they are responsible for all damages that occur to the Vehicle due to a breach and/or non-compliance with their obligations arising from the Agreement and its attachments, as well as from applicable legal regulations, particularly for damages caused by unprofessional handling and manipulation, driving without a valid driver’s license, driving under the influence of alcohol or other intoxicating substances. The Lessee is responsible for the destruction, loss, damage, and devaluation of the Vehicle and its equipment.
  3. For direct and indirect damages that arise to the Lessee or third parties as a result of the use of the Vehicle, the suspension of its use, or its withdrawal, the Lessor is solely responsible if it occurred as a result of a breach of the Lessor’s obligations.
  4. In the event of a need to tow the Vehicle due to an insurance event or damage, the Lessee is obligated to promptly contact the Lessor and arrange for the towing of the Vehicle to a service location designated by the Lessor. The cost of towing the Vehicle is borne by the Lessee, unless it is the responsibility of the Lessor as per the preceding point of this article in the Terms and Conditions.
  5. In the event of an insurance event, the Lessee is obligated to follow the instructions of the Lessor, police officers, and the relevant insurance company. The Contracting Parties expressly agreed that in the event the insurance event is a traffic accident, the Lessee is not entitled to leave the scene of the insurance event before the arrival of a police patrol. The “Accident Report” form is part of the documents required for the use of the Vehicle, and it is the Lessee’s responsibility to properly and promptly complete this form, secure a list of all participants in the insurance event, potential witnesses, vehicles, and other affected objects. At the same time, the Lessee is obligated to provide the names, surnames, dates of birth, and addresses of the participants in the insurance event, potential witnesses, and the registration numbers of other vehicles involved in the insurance event.
  6. Regardless of other agreements arising from the Agreement and its attachments, the Lessee acknowledges that in the event of an insurance event in which there is an insurance claim for a co-payment by the policyholder, the Lessee is obliged to cover the contractually agreed co-payment with the insurance company, amounting to 5% of the amount of the damage, with the minimum co-payment agreed upon in the Agreement. The Lessee undertakes to pay this co-payment to the Lessor based on a Tax Document issued by the Lessor. In the event of an insurance event that qualifies as a total loss or in the event of the theft of the Vehicle, the Lessee undertakes to pay the contractually agreed co-payment and the difference between the fair market value of the Vehicle on the day of the insurance event and the insurance company’s payment. The Lessee is also obligated to reimburse the Lessor for all costs incurred due to the reduction of insurance benefits on the part of the Lessee. The Lessee is equally obliged to pay the Lessor any fees and charges for other services provided by the Lessor in this regard according to these Terms and Conditions and the applicable Price List. The same applies to fees or invoiced costs for repairing, or the calculation of the cost of repairing, the damage that the Lessee undertakes to pay based on a Tax Document.
  7. The Lessor will ensure that the Vehicle is repaired as quickly as possible to minimize the repair time, allowing the Vehicle to be available for use as soon as possible. In the event of damage caused by the Lessee, the Lessor is entitled to charge the Lessee a fee in accordance with the applicable Price List.
  8. In the event that the Lessor incurs damage that is not covered at all or in full by insurance payments, the Lessee undertakes to promptly reimburse such damage based on a Tax Document issued by the Lessor.
  9. The Contracting Parties agreed that the Lessor is entitled to demand payment of a contractual fine in the amount of €5,000.00 in the event that the Lessee breaches any of the following obligations, and this penalty applies to each individual breach of the Lessee’s obligations:

 

  1. The Lessee’s breach of the obligation to refrain from making unauthorized technical modifications to the Vehicle,
  2. The Lessee’s breach of the obligation to provide the Vehicle as a deposit or guarantee,
  3. The Lessee’s breach of the obligation not to sublet the Vehicle,
  4. The Lessee’s breach of the obligation not to make the Vehicle available to third parties for use without the consent of the Lessor, regardless of the validity of such legal acts,
  5. The Lessee’s breach of the obligation to change or allow changes to the mileage counter or interfere with it,
  6. The Lessee’s breach of the obligation not to use the Vehicle outside authorized states,
  7. The breach of any notification obligation by the Lessee, as arising from the Agreement and its attachments,
  8. The Lessee’s breach of the obligation to return the Vehicle to the Lessor properly and on time.

The contractual fine is due based on a Tax Document issued by the Lessor. By enforcing the claim for payment of the contractual fine, or by agreeing to the contractual fine or fulfilling the Lessee’s obligation to pay the contractual fine, the Lessor’s right to assert a claim for damages against the Lessee in full is not affected.

11. Termination of the Agreement

  1. The contracting parties have agreed that the Agreement terminates:
    1. Upon the expiration of the agreed rental period in accordance with the Agreement,
    2. By a written agreement of the contracting parties,
    3. By withdrawal for reasons specified in these Terms and Conditions or in the contract, by one of the contracting parties,
    4. By the destruction of the Vehicle.
  2. Regardless of the specific reasons stated in these Terms and Conditions, the Lessor has the right to withdraw from the Agreement in the event that the Lessee breaches any of their obligations arising from the Agreement and its attachments and does not remedy the consequences of this breach even within an additional period of 7 (seven) days from the Lessor’s written request to remedy it.
  3. The contracting parties have agreed that the Lessee has the right to withdraw from the Agreement in the event that the Vehicle is inoperable due to a breach of obligations by the Lessor.
  4. In the event of withdrawal from the Agreement for reasons stated in it or arising from the applicable legal regulations, the Agreement terminates on the date specified in the notice of withdrawal from the Agreement delivered to the other contracting party, or if such a date is not specified in the notice of withdrawal, or an earlier date is specified in it, then on the date of delivery of this notice to the other contracting party. The right to withdraw can be exercised by the authorized contracting party by a written notice delivered to the other contracting party, which contains a factual definition of the reason for withdrawal from the Agreement so that it cannot be confused with another reason. The Agreement does not terminate from the beginning by the withdrawal, but only upon the expiration of the day specified in the first sentence of this point.

13. Alternative Dispute Resolution

  1. The Lessee-consumer, by entering into the Agreement, declares and confirms that they have been informed by the Lessor that they have the option to turn to the Lessor to request a remedy if they are dissatisfied with how the Lessor has handled their complaint or if they believe the Lessor has in any way violated their rights. If the Lessor responds negatively to or does not respond to the Lessee-consumer’s request for a remedy within 30 days from the day of its dispatch, the Lessee-consumer has the right to submit a proposal for the initiation of alternative dispute resolution according to Section 12 of Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and on Amendment and Supplementing of Certain Laws. The relevant entities for alternative dispute resolution of consumer disputes with the Lessor are the Slovak Trade Inspection or another authorized legal entity listed in the list of alternative dispute resolution entities kept by the Ministry of Economy of the Slovak Republic (http://www.mhsr.sk/). The Lessee-consumer has the right to choose which of the aforementioned entities for alternative dispute resolution they will contact.

 

14. Miscellaneous

  1. The Lessee acknowledges that agreements concluded through the Website are governed by the relevant provisions of Act No. 22/2004 Coll. on Electronic Commerce, the Consumer Protection Act, Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller’s Business Premises, as well as the Civil Code, the Commercial Code, and these Terms and Conditions governing the details of their conclusion and implementation. All contractual relationships between the Lessor and the Lessee are concluded in accordance with the legal order of the Slovak Republic. If the Lessee is not a consumer, legal relationships not regulated by these Terms and Conditions are governed by the Commercial Code.
  2. The Lessee acknowledges that the Lessor processes their personal data to the extent set forth in the “Personal Data Processing Conditions,” pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (hereinafter the “Regulation”) for the purpose of implementing the Vehicle Rental offered by the Lessor. Without providing this personal data (e.g., name and surname, address, telephone number), it would not be possible to conclude the Agreement and rent the Vehicle. The legal basis for the processing of personal data is the performance of a legal obligation (e.g., the Accounting Act). Similarly, the fact that this processing is necessary for the performance of the Agreement entered into with the Lessor, if the Lessee is an individual. If the Lessee is a legal entity, the legal basis is a legitimate interest. The Lessee’s related rights are set out in the Personal Data Processing Conditions.
  3. The contracting parties have agreed that the Lessee is obliged to notify the Lessor by email of any change in their address, if such a change occurred before the termination of the Agreement. If the Lessee fails to fulfill this obligation properly and on time, they bear the risk arising from the fact that the Lessor did not receive their notice or received it with a delay. Legal actions of the Lessor against the Lessee are considered fulfilled if the Lessor sent them to the last known address of the Lessee.
  4. The Lessor is entitled to unilaterally amend or supplement the content of the Terms and Conditions. The new wording of the Terms and Conditions will be published on its Website.
  5. By checking the checkbox before submitting the order, the Lessee confirms that they have read these Terms and Conditions, understood their content, and fully agree with them.

 

 

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