Rental agreement conditions

Terms and conditions of the vehicle lease contract

1. The Contract
   • By signing the Contract, the Lessee confirms that they understand and agree with the terms and conditions of the Contract.
   • By signing the Contract, the Lessee givesto Amestic OÜ, hereinafter referred to as the Lessor, the right to retain and process the personal data connected to the Contract.
   • By signing the Contract, the Lessee gives to the Lessor the right to debit any fees, incl. additional fees and (contractual) penalties arising from the Contract, from the Lessee’s credit card, debit card, and/or withhold these amounts from the deposit.
   • Prior to signing the Contract, the Lessee has examined the condition of the vehicle. Any deficiency/damage (the existence thereof) is specified in the Contract. The absence of such comments in the Contract will exclude the Lessee’s right to submit claims against the Lessor regarding any potential deficiency/damage of the vehicle in the future. The Lessee shall compensate for any damagecaused to the vehicle while the vehicle is at the Lessee’s disposal.
   • The Lessee is aware that a GPS device has been installed in the vehicle and, by signing the Contract, grantsto the Lessor the right to determine the location or speed of the vehicle, if necessary (above all in the case of suspected violation of the Contract) or to activate the installed signalling device, etc.The Lessor may use the GPS device to determine the location of a vehicle which has not been returned by the agreed time, to prevent further movement of the vehicle, as well as to disclose through the search system information about the location of the vehicle to the police and other persons, such as the insurance company and the cooperation partner who is authorised to search for a vehicle that was not returned.

2. Use of the vehicle
   • The Lessor permits the Lessee to use the vehicle based on these terms and conditions. The vehicle may only be used by the person specified in the Contract (i.e. the lease contract will form a valid letter of authority) who holds a driving licence valid in the Republic of Estonia and the Lessee is not authorised to transfer the rights received and obligations undertaken by signing the Contract to any third parties (incl. for the disposal of the vehicle). The vehicle may only be handed over to a third party and third parties may only drive the vehicle with the Lessor’s prior written consent. In the event of handing over the vehicle or allowing a third party to drive the vehicle, the Lessee will be held liable to the Lessor.
   • The Lessee shall use the vehicle for the intended purpose and prudently, drive it attentively, and return the vehicle in the condition in which it was handed over to the Lessee. If the Lessee fails to observe the terms and conditions of the Contract, the Lessor may regain possession of the vehicle at any time at the Lessee’s expense.
   • The vehicle may not be used for towing other means of transport, for driving lessons, motor sports, providing paid services, transporting hazardous substances and/or animals, etc. In the event of disregarding this prohibition, the Lessee shall pay a contractual penalty of 500 euros.
   • When parking the vehicle, the Lessee shall observe the manner of parking and the general rules of traffic safety, not leave any items or objects that would tempt third persons to commit a crime in visible places in the vehicle, lock the doors, and activate the alarm system. The Lessee shall do everything in their power to prevent third parties gaining access to the keys.
   • The Lessee shall make sure that there is a valid insurance policy for the vehicle and that the vehicle has passed the scheduled technical inspection. The Lessee shall notify the Lessor of the expiry of the insurance policy and of the time for the next scheduled technical inspection in good time. In the event of the Lessee’s failure to notify of the above, any fines issued due to the lack of the insurance or failure to pass the technical inspection in a timely manner will be covered by the Lessee.
   • The Lessee shall not cross the borders of the Republic of Estonia with the vehicle without the Lessor’s written consent.
   • The Lessee shall observe the Traffic Act, safety rules, and applicable legislation and do everything in their power to prevent any damage.
   • It is not permitted to smoke and/or consume drugs/alcohol when driving. It is also not permitted to drive the vehicle in an intoxicated condition and/or consume drugs/alcohol at the scene of the accident before the circumstances of a traffic accident have been determined.In the event of disregarding the prohibition, the Lessee shall pay a contractual penalty of 300 euros and compensate to the Lessor for any damage not indemnified by their insurer.
   • The Lessee shall only use the fuel intended for the specific vehicle, check the levels of oil or other liquid when the respective indication lights are activated, and contact the Lessor. If the vehicle is involved in an accident or in the event of technical issues, the Lessor shall be immediately notified thereof. The vehicle may only be serviced or repaired with the Lessor’s prior consent in an agreed place and at an agreed cost. The Lessee may not repair the vehicle themselves. In the event of disregarding the prohibition, the Lessee shall pay a contractual penalty of 300 euros. If the Lessee has eliminated a failure in a place or at a cost which has not been agreed with the Lessor, the Lessor will not be required to compensate the expenses of elimination of failures or repair works to the Lessee.

3. Handing over and returning of the vehicle
   • The Lessor will hand over to the Lessee avehicle in working orderwith all documents required for driving.
   • The Lessee shall return the vehicle to the Lessor’s office on the date and at the time specified in the Contract and in the same technical condition which it was in and with the same equipment and documents which were received upon delivery of the vehicle to the Lessee. During the opening hours of the office, the Lessee may request inspection of the vehicle by the Lessor and registration of any new damage. In the event of the Lessee waiving this right, the Lessee will remain liable for the vehicle until the Lessor has inspected the vehicle and received the keys. In the event of returning the vehicle outside of the office hours or leaving the keys and documents in a ‘key box’, the Lessee will remain liable for the vehicle until direct possession of the vehicle has been asserted. The Lessor will be deemed to have asserted the direct possession when the Lessor has received the keys and has had an opportunity to inspect the vehicle (not later than within 72 hours after the time of returning specified in the Contract).
   • If the Lessee has agreed with the Lessor that the vehicle will be returned at a location other than the Lessor’s office, the Lessee will remain liable for the vehicle and incur any possible expenses related to the vehicle up to the moment when the direct possession of the vehicle is taken over by the Lessor.
   • If the Lessee fails to return the vehicle on the date of expiry of the Contract, the Lessor or a person authorised by the Lessor may regain possession of the vehicle; thereat, the Lessee will incur any expenses related to the Lessor regaining possession of the vehicle. In such case, the Lessor will inspect the vehicle 72 hours after regaining possession and submit claims to the Lessee concerning any potential damage no later than within 14 days after detecting the damage.
   • If the Lessor is unable to detect a loss of any parts of the vehicle and/or any damage caused to the vehicle and/or to any parts thereof in the course of the lease period due to weather conditions, darkness, the location and/or time of returning the vehicle, or if detecting the above is complicated due to the vehicle being dirty, the location of the damage, and/or the original location of the missing parts, the Lessor may claim from the Lessee compensation for the damage caused even if the damage is detected after receiving the vehicle. Based on this clause, the Lessor may only claim compensation for damage detected within 72 hours after receiving the vehicle, provided that the vehicle has not been leased to another person within this period.
   • If the vehicle is returned with a delay without the Lessor’s consent, the Lessor may charge a double lease payment for each day of the delay.The Lessee shall also compensate to the Lessor for any financial loss arising from the delay and pay a contractual penalty in the amount of 400 euros.
   • If the Lessee returns the vehicle before the time specified in the Contract or if the Lessor terminates the Contract with a good reason, the Lessor will not be required to refund the lease payment paid by the Lessee.
   • The interior and exterior of the vehicle shall be clean upon delivery to the Lessee. If the returned vehicle requires dry cleaning, the Lessee shall pay the fee of dry cleaning in the amount of at least 180 euros.
   • The vehicle will be handed over to the Lessee with a full fuel tank. The Lessee shall return the vehicle with a full fuel tank. In the event of disregarding this obligation, the Lessee shall pay a contractual penalty of 20 euros and the cost of the missing fuel.
   • The Lessee is aware that in the event of a failure to return the vehicle on the date specified in the Contract, the Lessor may file an application to the law enforcement agencies of the Republic of Estonia for initiating criminal proceedings.

4. The Lessee’s liability
   • The Lessee will be held fully liable for any damage to and theft or loss of the vehicle or any parts thereof during the lease period. Any accessories handed over with the vehicle are also considered parts of the vehicle. The Lessee will not be held liable for damage only in the extent to which it is indemnified to the Lessor by their insurer (e.g. motor third party liability insurance indemnities) or for which the Lessee is not liable based on the restrictions on liability selected by them which are specified on the first page of the Contract or included in the lease price. In the event of violation of the Contract by the Lessee, no restrictions on liability are applicable and the Lessee shall compensate to the Lessor for the entire damage caused. If the respective restrictions on liability have not been selected or are not applicable due to other reasons, the Lessee shall compensate to the Lessor, among other things, the costs of repairing and/or replacement of the vehicle, the lease income which was lost due to repairing or replacement of the vehicle, the expenses on parking and removal of the vehicle, and any administration expenses related to the above. The Lessor may freely choose theirinsurer and the extent of the insurance cover, the repair company for the vehicle, the seller of a replacement vehicle or spare parts, as well as other service providers.
   • In addition to compensation for any damage, the Lessee shall pay the lease to the Lessor for the idle time of the vehicle caused by temporary unserviceability of the vehicle due to an accident or any other damage caused to the vehicle by the Lessee until the end of the lease period and/or until the date on which the vehicle is taken into use again.
   • The Lessee shall pay any fines for incorrect parking, speeding, violation of the Traffic Act, etc. which are issued during the lease period in the double amount. The Lessee shall also pay a fine to the Lessor in the amount of the handling fee (40 euros). Such claims may be submitted by the Lessor also after expiry of the Contract and returning of the vehicle, should the violation become known at a later date.
   • The Lessee shall pay for repairing a burst tyre or for purchasing and installation of a new tyre (if the tyre cannot be repaired) in the full extent.
   • If the Lessee is involved in a traffic accident with the vehicle as a result of which the Lessor’s probability of insured risk is increased, the Lessee shall pay a single contractual penalty in the amount of 200 euros.
   • In the event of the Lessee’s failure to fulfil any financial obligations arising from this Contract in a timely manner, the Lessor may claim a penalty for late payment in the amount of 0.5% of the overdue amount per day for each day of the delay.
   • The Lessee shall pay a handling fee of 40 euros for each notice on an overdue amount sent to the Lessee.
   • The Lessor may claim payment of a contractual penalty of up to 200 euros for failure to observe the prohibitions and/or obligations applicable to the Lessee based on this Contract for each separate disregarding of a prohibition or failure to fulfil an obligation, unless a separate contractual penalty is laid down in the Contract for failure to observe a specific prohibition or obligation.

5. The Lessee’s obligations in the case of damage, accidents, theft, or vandalism
   • The Lessee shall immediately notify the Lessor of any traffic accidents, theft, or damage of the vehicle and/or any parts thereof, or any other incident involving the vehicle and, if requested by the Lessor or required pursuant to the law, notify the police. In the event of any technical failures experienced outside of working hours, the Lessee shall call the emergency breakdown services, the number of which is included in the documents of the vehicle, and notify the Lessor of the event as soon as possible.
   • The Lessee shall write down the names, telephone numbers, and addresses of the parties involved in an incident as well as those of the eyewitnesses of the incident, capture photos of the accident, if possible, and fill in the form of a traffic accident in the event of a traffic accident (found in the glove compartment of the vehicle) and send the entire information to the Lessor as soon as possible. In the event of deformation of or serious damage to the vehicle or if towing is required, the Lessee shall call the emergency breakdown services, the number of which is included in the documents of the vehicle, or contact the Lessor.
   • In the event of an accident, theft, and/or vandalism, the Lessee shall fill in and submit to the Lessor an application concerning an accident or theft. The Lessee shall also submit to the Lessor a signed letter of explanation, which includes their description of the event, and a copy of their driving licence. In the event of a failure to submit the required documents, the Lessee will be held liable in the extent of the initial acquisition cost of the vehicle and other damages arising from the accident, theft, and/or act of vandalism (no restrictions on liability will be applied).
   • In the event of theft of the vehicle or loss of possession of the vehicle by the Lessee in another manner, the Lessee shall hand the keys and documents of the vehicle over to the Lessor. In the event of the Lessee failing to hand over the required items to the Lessor or failing to fulfil any other requirements specified in section 5, no restrictions on liability will exempt the Lessee from liability and the Lessee shall compensate to the Lessor the original acquisition cost of the vehicle and any other damage arising from the theft of the vehicle (incl. the lost income specified in clause 4.1).
   • The Lessee shall cooperate with the Lessor, the Lessor’s insurer, and law enforcement agencies in the investigation of an accident, theft, and/or an act of vandalism and in settling any legal issues.
   • In the event of a violation of any of the obligations laid down in section 5, the Lessee will be held liable for any damage caused to the Lessor in the full extent. The Lessee shall also pay a contractual penalty in the amount of 300 euros for each violation.

6. Termination of the Lease Contract
   • The Lessee may terminate the Contract prematurely if it is found that the Lessee has significantly breached the terms and conditions of the Contract, has delayed payment of any financial obligations, has submitted incorrect data to the Lessor upon leasing the vehicle, or is unable to use the vehicle. If the Lessor requests premature termination of the Contract due to the reasons specified in this section, the Lessee shall immediately return the vehicle to the Lessor in a location agreed with the Lessor. If the Lessee fails to return the vehicle within five (5) hours, the Lessee shall pay a contractual penalty in the amount of 400 euros,as well as a double lease payment from the date of receiving the notice with the request to return the vehicle to the date on which the vehicle is returned. Payment of a contractual penalty and the double lease payment will not exempt the Lessee from the obligation to return the vehicle.
   • If the Lessee cancels the Contract less than 30 days prior to the beginning of the lease period, the Lessor may claim a contractual penalty in the amount of up to 500 eurosdepending on the price of the order and the time of cancellation.
   • If the Lessee fails to pay the prepayment required upon entry into the Contractby the agreed date and the Contract has already been entered into, the Lessor may refuse to hand over the vehicle to the Lessee until the financial obligation has been fulfilled or the Lessor may withdrawfrom the Contract.

7. The guarantor’s liability
   • The guarantor will be held liable for the obligations arising from the Contract jointly with and separately from the Lessee.
   • The guarantor will also be held liable in the entire extent in the event of dissolution, liquidation, bankruptcy, or reorganisation of a Lessee who is a legal person, as a result of which the Lessee’s liability will decrease or cease to exist.
   • In addition to the principal amount arising from the Contract, the guarantor will also be held liable for any collateral claims arising from the Contract, incl. penalties for late payment, contractual penalties, damages, incl. for loss of profit, as well as for other obligations of the Lessee laid down in the Contract.
   • The guarantor confirms that they understand the terms and conditions of the contract, agree with them, and shall observe them.

8. Processing of personal data
   • By entry into the Contract, the Lessee and the guarantor give the Lessor permission to retain and process their personal data and the data arising from the Contract based on the Lessor’s needs, incl. for statistical analysis, verifying creditworthiness, for protection of the Lessor’s property, etc. The Lessor may retain and process the data as long as this is reasonably required for achieving the purposes of processing the data.In the event of violation of the Contract by the Lessee and/or the guarantor, the Lessor may disclose the data via any channels, incl. social media, and send the data to third parties as required for the elimination of the damage caused to the Lessor and the prevention of any future damage.
   • The Lessee and the guarantor consent to disclosing of their personal identification codes/registry codes, the dates of arising and closing any delays in payment, as well as any delayed amounts to AS Krediidiinfo and permit processing of the above-mentioned data for the purposes of making credit-related decisions in the Credit Register managed by AS Krediidiinfo.The data of the Lessee and the guarantor may be disclosed to AS Krediidiinfo if the Lessee and/or the guarantor have any overdue payments arising from this Contract.Further information about the terms and conditions of processing of the Lessee’s and the guarantor’s data by AS Krediidiinfo and about the grounds for and extent of processing can be obtained from the websitekrediidiinfo.ee. The Lessee and the guarantor can access the data about them that is processed by AS Krediidiinfo on the website www.krediidiinfo.ee.
   • The Lessor may authorise other legal persons (data processors) to process personal data, provided that there is a contract entered into with such data processors based on which the data processors will maintain the confidentiality of the personal data processed and ensure protection of the personal data pursuant to the requirements laid down in legislation. The Lessor shall issue the list of data processors to the Lessee if requested by the Lessee.

9. Other provisions
   • These terms and conditions apply in parallel with the terms and conditions specified in the Contract. In the event of any conflicts between these terms and conditions and the terms and conditions specified in the Contract, these terms and conditions will prevail (incl. the amount of deductible).
   • In the event of any changes in the contact details (name, address, telephone number, e-mail address, etc.), the Lessee and/or the guarantor shall immediately notify the Lessor thereof in a format which can be reproduced in writing.
   • In the event of any technical failures of the vehicle, the Lessor will not compensate for the expenses of interruption of the Lessee’s travels, indirect expenses, lost income, or other such expenses. The Lessee may enter into an insurance contract at their own expense to prevent such losses, incl. losses arising from interruption of/delays in the travels.
   • Any financial claims and other obligations arising from the Contract shall be fulfilled by the Lessee within two (2) days after receiving a respective notice from the Lessor, unless specified otherwise by the Lessor. The Lessor may claim and submit to the Lessee any financial claim arising from this Contract as soon as the extent of the claim has been determined. Any ongoing misdemeanour, criminal, or insurance claim proceedings will not stop or prevent the immediate satisfaction of financial claims.
   • If the Lessee does not agree with the claim submitted by the Lessor or with the amount thereof, the Lessee shall submit a justified appeal to the Lessor within 7 days. If no such appeals are submitted by the Lessee within 7 days, the parties will deem the claim and the amount thereof accepted by the Lessee.
   • The Contract will be subject to the law of the Republic of Estonia. The parties will settle any disputes arising from the Contract by negotiations. If an agreement cannot be reached, the disputes will be settled at Harju County Court.