Términos y Condiciones Generales

AVANT CAR d.o.o. rents vehicles under the terms and conditions which are the subject matter of the present Lease Agreement overleaf. The Lessee acknowledges and agrees with them, which he/she confirms by their signature.

DEFINITION OF PARTIES

The Lessor is the company AVANT CAR d.o.o., with its registered office in Ljubljana, Dunajska cesta 140, to wit, all of the company's branch offices.

The Lessee is:

1. a natural person who signs and/or prolongs the present Lease Agreement;
2. a legal entity, to wit, a person vested with powers by the legal entity to sign and/or prolong the present Lease Agreement;
3. a driver (as far as he/she is not the signatory of the present Lease Agreement) and any additional driver, to wit, any person who is authorised to operate the vehicle under the present Lease Agreement; the term additional driver applies mutatis mutandis to any third party who is not authorised to operate vehicles under the present Lease Agreement, but irrespective of the aforementioned, he/she at the discretion of the Lessee or by the fault thereof, operates the vehicle without the Lessor’s knowledge.

The Lessee, to wit, the signatory of the present Lease Agreement, the driver and all additional drivers guarantee severally for all obligations and responsibilities including all the payments under the present Lease Agreement. The Lessee, to wit, the signatory of the present Lease Agreement guarantees with his/her signature that all drivers of the leased vehicle under the present Lease Agreement are informed of the aforementioned guarantee which they unconditionally and explicitly agree with.

THE LESSEE IS BOUND BY AND ACKNOWLEDGES THE FOLLOWING – THE ONLY PERSONS WHO ARE ALLOWED TO DRIVE THE LEASED VEHICLE ARE:

1. those of the age over 21 who have held a valid driving licence for at least two years and who comply with other eventual conditions in effect of the insurance company; an exception to the said condition are the persons of the age over 18 who have held a valid driving licence for less than two years if they make an additional participation payment as to the price list in effect in the sense of “a young driver” under the current legislation and in common practice;
2. those who have been authorised under the present Lease Agreement to operate the vehicle, and
3. those who acknowledge not only the provisions of the present Lease Agreement and the lease terms and conditions but, above all, the responsibility for liabilities; if those persons fail to confirm their familiarization with the said content by a hand-written signature, this is expressly and unconditionally guaranteed by the signatory  of the present Lease Agreement.

The Lessee fully guarantees that all conditions are met cumulatively.

1. for commercial transport of passengers or goods, such as taxi service or any other transport of passengers and goods;
2. to take part in any sport or other contest and vehicle test;
3. to perform driving school activities or any other way of teaching motor vehicle driving;
4. to propel or tow any vehicle or any other object;
5. to sub-rent  or  enable the use of the vehicle to a third party not indicated in compliance with the present Lease Agreement; the aforesaid provision does not apply to the lessees running rent-a-car activities, which the Lessor is acquainted with at the time of signing the present Lease Agreement;
6. if the driver is under the influence of alcohol, drugs or narcotics, tranquillising medicaments, hypnotic drugs and other medicines, to wit, other psycho-active substances for which it is known that after their consumption it is recommended not to or forbidden to drive;
7. if the vehicle is, contrary to the technical documentation of the manufacturer, overloaded with passengers, luggage or goods, or incorrectly loaded, to wit, loaded contrary to the applicable regulations;
8. if the vehicle is not in operating condition or its technical roadworthiness is called into question which is known or should be known to the Lessee in the light of the regulatory and internal provisions regarding technical roadworthiness of the vehicle;
9. if within the prolonged lease period the vehicle registration or insurance has expired and the Lessor calls upon the Lessee to return the leased vehicle before the expiry;
10. off the regional roads classes I, II and III;
11. contrary to the road traffic regulations;
12. without observing driving frameworks permitted by driving conditions;
13. for illegal purposes (such as customs offences);
14. for transport of inflammable or hazardous substances, and
15. for any other purposes which are contrary to the signed Lease Agreement, the present lease terms and conditions or regulations in force, as well as for other purposes which could in any way threaten or infringe the Lessor’s vehicle ownership rights.

For any conduct contrary to the said provisions the Lessee is liable to payment of compensation to the Lessor who may, at his discretion, in addition to the actual damage incurred and compensation, invoke against the Lessee an early termination of the present Lease Agreement including all consequences.

The Lessee takes over the vehicle in perfect operating condition, with all legally prescribed equipment and other accessories (first aid kit, warning triangle and reflective emergency vest, spare wheel, basic tools, set of bulbs and other compulsory equipment), registered, insured, with original identification documents, photocopies of the homologation certificate and insurance policy; the originals of the latter are kept available at the Lessor’s registered office. At the time of picking up the leased vehicle, the Lessee is obligated to promptly check on the vehicle, its accessories and documentation which he/she confirms by signing the hand-over minutes (check-out) which are an integral part of the present Lease Agreement. Later claims shall not be observed. The Lessee is responsible for the leased vehicle, its documentation and accessories. Throughout the period of the Lease Agreement the vehicle remains inalienable property of the Lessor.

The Lessee undertakes to return the leased vehicle in the same condition as it was at the time of being collected. The Lessee is obligated to return the leased vehicle on the day and at the time and place agreed upon in the present Lease Agreement. At the time of returning the leased vehicle, drop-off minutes (check-in) on the leased vehicle condition are drawn up and they represent an integral part of the present Lease Agreement.

The Lessee undertakes to return the leased vehicle in condition which takes account of normal vehicle use, technically fault-free, properly maintained, with full tank, clean, free of objects belonging to third parties, and entirely prepared for normal use, with all relating equipment, accessories and documentation. If immediately at the time the leased vehicle is returned or on the basis of  a technical inspection of the leased vehicle performed at the latest 8 (eight) days following the date it has been returned, the Lessor considers that the condition of the returned leased vehicle (cleanliness, level of fuel, and the like) is not appropriate, and has the right to order necessary repairs and  perform other actions at the expense of the Lessee in order to restore the leased vehicle to its original state. If the Lessee fails to hand over all received documents connected with the leased vehicle or the equipment thereof, to wit, accessories, he/she is under the obligation to meet the costs of the aforesaid. Vital parts of the vehicle are marked with manufacturer’s numbers. Should the Lessor establish that any part is missing or is replaced, he/she has the right to debit the Lessee for all damage occurred.

The minimum lease period is 24 hours. If the Lessee exceeds the agreed return time, the first 59 minutes are free of charge. After this, every additional hour will be charged at the daily price for unlimited kilometres.

For prolongation of the present Lease Agreement the Lessee is obligated to inform the Lessor at least 24 hours in advance and get his/her approval. This can be done at any office of the company AVANT CAR d.o.o in Slovenia. In case the total destruction or misappropriation (theft) of the leased vehicle happens during the lease period, the present Lease Agreement prematurely terminates on the day of destruction, to wit, misappropriation of the leased vehicle. In case the Lessee fails to prolong the present Lease Agreement or fails to return the leased vehicle in compliance with the provisions of the present Lease Agreement, the latter terminates on the day the Lessor is again in possession of the leased vehicle. In such a case, the Lessee expressly and unconditionally renounces to file a lawsuit due to disturbance of possession, to wit, property protection, and agrees without an objection that the Lessor retakes the leased vehicle into their possession without the Lessee having the right to exercise compensation claims. In case of establishment of the Lessor’s proprietary rights in the leased vehicle as the aforesaid, the Lessee expressly and unconditionally recognises the minutes on the condition of the leased vehicle at the time of exercising the proprietary rights. The aforesaid minutes are prepared by the Lessor.

In the period of the vehicle lease, the mileage is read by means of the factory-installed and sealed odometer. Any activity of the Lessee interfering with the factory-installed odometer or dash board is forbidden. The Lessee undertakes that in case of a damaged seal, to wit, the odometer, he/she will inform respectively the nearest Lessor’s office where he/she will get all the necessary instructions. If he/she fails to do so, the Lessee shall pay to the Lessor for every day of the lease 300 km as per the price list in effect.

The Lessee undertakes to use the leased vehicle for normal use throughout the lease period and take care of its maintenance with due diligence and in accordance with the appropriate technical and other instructions, recommendations and good business practices and to inform the Lessor of any eventual malfunction of the leased vehicle. Any conduct contrary to the aforementioned constitutes a breach of the contractual obligations by the Lessee. In case of damage on the leased vehicle or damage to the leased vehicle due to non-respect of the provisions of the lease terms and condition laid dawn in this Article the Lessee is obligated to provide compensation for all damage occurred.

In case of a breakdown the Lessee undertakes to notify without delay the Lessor thereof and the latter will give him/her further instructions on the basis of the information received. Repairs necessary on route shall be made by experts only. In case of replacement of any parts, original invoice for the spare parts needs to be presented. If repair works have not been executed in compliance with the method prescribed, the Lessor will not recognize the respective claim. Eventual damage arising from the non-observance of the Lessor’s instructions and the present lease terms and conditions is an exclusive responsibility of the Lessee.

The lease price excludes fuel. The leased vehicle is delivered to the Lessee with full tank and must be returned to the Lessor in the same condition. If the tank is not full, the Lessor may charge the Lessee not only the missing fuel but the costs of refuelling as well on the basis of the price list in effect.

While using the leased vehicle, according to the provisions, terms and conditions of the present Lease Agreement, the Lessee is insured against liability of third parties.

The leased vehicle is insured only for the time of validity of the present Lease Agreement. After its expiry  – unless the Lease Agreement is prolonged – the Lessor is not responsible for accidents or other damage to, misappropriation, to wit, destruction of the leased vehicle and parts thereof; all the aforementioned represent the Lessee’s personal matters, therefore the Lessee is obligated to pay for eventual damage in full, the actual lease vehicle insurance notwithstanding.

In case of an accident or other damage to, misappropriation, to wit, destruction of the vehicle and parts thereof, as well as in case of fire, the Lessee is fully liable for the leased vehicle. This liability can be reduced up to an excess amount by buying in an additional vehicle insurance premium according to the valid tariff. If the vehicle insurance for a destroyed or lost vehicle is insufficient to cover the total damage suffered by the Lessor, the Lessee is bound to recover all damage within 3 (three) days following the Lessor’s notice. Regardless of whether the liability for damage to the leased vehicle has been bought in or not and his/her being at fault notwithstanding, the Lessee is fully liable:

1. for damage to the vehicle inside, tires, wheels, hub caps, wipers and antenna, as well as for damage to the underbody of the vehicle, other damage to the vehicle and its equipment which are not covered by the insurance company;
2. if at the time damage occurred he/she was under the influence of alcohol, drugs, other narcotics or medicines, to wit, other psycho-active substances for which it is known that after their consumption, it is recommended not to or forbidden to drive;
3. for any damage caused intentionally or due to negligence;
4. for any damage caused by a driver not holding a valid driver's license when the damage occurs;
5. for any damage caused as a hit-and-run driver, his/her being at fault notwithstanding;
6. for any damage arising from the leased vehicle use which is contrary to the provisions stated in Article 2 of the present lease terms and conditions;
7. for damage which has occurred in the areas or countries excluded from the vehicle insurance (crisis-hit areas, war or potential war zones and the like);
8. for damage in other cases which is not covered by the insurance company or damage exceeding the insurance cover limit, and the like the Lessee’s being at fault notwithstanding, and
9. in case of an unsuccessful lawsuit against third parties and also for all damage, costs and fees.

The Lessee is responsible to the Lessor also for the damage which has been caused by a third party during the period he/she  has to bear risks in connection with the leased vehicle, to wit, its use, being at fault notwithstanding, and taking into consideration the aforementioned provisions. Furthermore, the Lessee covers in full all compensation claims of third parties which are not covered by the insurance company.

In case of damage, destruction, seizure or theft of the leased vehicle occur or the leased vehicle is involved in any accident which could initiate litigation between the Lessor and the Lessee or between the Lessor and third parties, the Lessee is obligated to notify immediately the Lessor thereon. Furthermore, the Lessee is obligated to forthwith notify a theft, an accident, to wit, damage occurred to the police.

The Lessee undertakes to protect the interests of the Lessor and their insurance company in case of a traffic or any other accident, to wit, damage caused by the leased vehicle, by:

1. putting down the names and addresses of all the participants and witnesses involved and the registration plates of the vehicles involved;
2. not abandoning the damaged vehicle until the vehicle has been secured and removed from the scene of the accident;
3. not admitting to be at fault to third parties;
4. calling the Police immediately at all events, informing them of the accident, waiting for them and for an appropriate official accident record to be drawn up, obtaining a copy thereof and giving first aid to the injured, if any, and
5. completing thoroughly a European accident report, making a sketch of the accident and giving his/her statement which he/she will submit to the Lessor without delay.

In case of damage occurrence, notwithstanding whether the leased vehicle is partly or totally damaged, to wit, misappropriated, the Lessee is obligated to preserve evidence of the event and obtain documentation thereof; this documentation is necessary to file a compensation claim. If the Lessee fails to act in compliance with the present Article, he/she is liable to payment to the Lessor who may require the Lessee to repay actual damage and compensation of their own choice.

The Lessor is not responsible for the Lessee’s property or the property of another person that the Lessee has left in or on the leased vehicle, in an eventual substitute vehicle or at the premises of the Lessor. By signing the present Lease Agreement, the Lessee explicitly waives any claim arising from the above losses and the related damage.

The Lessee has full responsibility for any eventual loss of the Lessor’s property received in connection with the present Lease Agreement, such as vehicle keys, documents and the like. In case such a loss of any of the above occurs and the Lessor provides the Lessee a new copy/duplicate of the lost object during the lease period, all costs thereof are exclusively borne by the Lessee, including delivery costs as to the Lessor’s price list in force.

The Lessee is responsible and undertakes all the obligations arising from non-observance of traffic regulations, improper parking or other infringement of regulations while using the leased vehicle. The Lessee is also responsible and undertakes all the obligations for all the damage occurred. All eventual mandatory fines or other fines brought about by, to wit, given to the Lessee during the lease period, shall be paid by the Lessee and/or directly debited to the Lessee. The said responsibility of the Lessee lasts even after the termination of the present Lease Agreement if fines, to wit, damage, arise from the time the Lessee used the leased vehicle.

In case the leased vehicle remains abroad overnight the Lessee is obligated to park it in a hotel or other protected garage.

The Lessee shall not leave the leased vehicle unlocked and shall pay special attention to eventual sources of fire. In case of a theft or fire the Lessee shall follow the same procedure as defined for the damage case.

The Lessee undertakes to pay the charged amount the moment they return the vehicle to the Lessor (natural person), namely within the agreed upon time (legal entity). In case the Lessee fails to do so, they may lose the right to an eventual discount they might have previously had; moreover, the statutory default interests are added. From the payments collected after the agreed-upon period, first eventual costs of the collection and default interests are settled and only then unpaid lease fees, costs and damage.

To secure his/her obligations and liabilities, the Lessee expressly permits commitment of sources on his/her debit, to wit, credit card for the benefit of the Lessor, furthermore, the Lessee unconditionally agrees that following the lease termination the Lessor covers the charged amount either partly or in full from the reserved sources.

The Lessee guarantees to the Lessor that the latter will not suffer any damage relating to these lease terms and conditions and undertakes to repay the Lessor all actual damage, compensation as to the Lessor’s estimation and  all costs such as all losses, expenses, duties, taxes and other costs, in particular expenses for court and out-of-court exercising of rights without a lawsuit, expenses for an attorney, insurance, eventual seizure of an individual or all vehicles, as well as all damage which has been caused as direct or indirect consequence of the delay. According to the present Lease Agreement the Lessor is not bound to pay any costs.

The Lessor may require the Lessee to pay all damage, compensation or eventual lost profit if the Lessee either fails to take any measures or sufficient enough measures in order to eliminate legal, technical or economic unserviceableness of the leased vehicle or if the use of the leased vehicle has been reduced.

Throughout the lease period it is impossible to change any provision or term neither in the Lease Agreement nor in the general terms and conditions.

By signing the present Lease Agreement the Lessee agrees that the Lessor may:

1. use the Lessee’s personal data in order to fulfil their contractual obligations and to exercise their rights under the contractual relationship;
2. submit the Lessee’s data if necessary to the insurance company, the guarantor, the appropriate authorities and the court;
3. inquire with the appropriate state authorities as to the Lessee's address of residence, job and as to the income, and use them, if necessary, to perform contractual provisions; the Lessee explicitly authorises the Lessor to submit the data on eventual non-performance also to other financial organisations, and
4. keep the data obtained for 10 (ten) years.

All disputes arising in connection with the provisions of the present Lease Agreement, to wit, lease terms and conditions will be resolved by the Court of law in Ljubljana having subject matter jurisdiction. Any disputes in connection with the responsibility for liabilities under the present Lease Agreement and lease terms and conditions which may occur between the Lessee as a natural person, to wit, an authorised person of the Lessee as a legal entity  and all of the drivers, are exclusively disputes between the said clients and in no way affect exercise of the Lessor’s rights towards the said persons (several liability of the said persons for obligations under the present Lease Agreement and lease terms and conditions) since the Lessee as a signatory of the present Lease Agreement guarantees that all the said persons are acquainted with the provisions of these terms.

In case of disagreeing or misunderstanding of English language Slovene shall prevail.

Lessor:
AVANT CAR d.o.o., Ljubljana