CAR RENTAL AGREEMENT
Between the company “P&M AIGLI ΙΚΕ” with the distinctive title “P & M AIGLI IKE” and the trade name “Alfa auto rent a car”, having its seat in Glyfada, with the Tax ID Number 800668327, Tax Office of Glyfada, as lawfully represented (hereinafter “the lessor”), and the lessee with the personal details as referred in the front 1st page (hereinafter “the lessee”), jointly referred to hereafter as “the contracting parties” or “the parties”, by virtue of this car rental agreement (hereinafter “the agreement”) were agreed and mutually accepted the following:
- Object of the agreement: This agreement regulates the rental from the lessor to the lessee – as the sole driver – of a specific car belonging to the lessor, along with its accessories and all equipment, tools, keys, license plates and all related documents as specified in the front 1st page (hereinafter “the car”), as per the terms and conditions agreed herein. In case, there are more than one lessees of the car, each one of them undertakes jointly and severally all obligations and claim(s) of the lessor.
- Rental duration: The agreed rental commences as from the date of signature of the agreement and lasts for as many full days as listed in the front 1st At the end of that period, the lessee is obliged to deliver the car to the lessor on the specific date and at the specific address mentioned in the front 1st page. The minimum lease term is considered to be 24 hours (1 day). The lessee’s – driver’s minimum permissible age is twenty-three (23) years old, the maximum permissible age is seventy-five (75) years old, while must hold his/her driving license for at least 1 year.
- Daily rent: The daily rent of the car for all the rental days, which is hereby agreed as reasonable, fair and fully corresponding to the true rental value of the car, is the amount stated in the front 1st The total agreed rent for whole the rental period is payable by the lessee to the lessor at the beginning of the rental upon delivery of the car to the lessee, either in cash, or by a bank transfer, wire transfer, or a credit or debit card compatible with the lessor’s cooperating Greek or foreign bank. The payoff of the total daily rent for whole the rental period is evidenced with a written – signed receipt provided by the lessor, excluding any other means of proof. For all categories, the lessee must pay a related guarantee in order to cover whole the amount corresponding to the guarantee and for the payoff of the total rent (for non-prepaid reservations). The daily rent covers only those services, which are restrictively referred in the front 1st page, as well as a) driver insurance of up to € 15,000 (only in the event of death, total or partial disability, excluding any hospital costs, etc.); b) occupational and third party personal injury insurance up to € 1,220,000 per person; c) property damage (subject to the exceptions set out herein); d) fire insurance; e) theft insurance; provided that the car is used in full compliance with the rental terms and conditions set forth herein. In addition, a 24 hour road assistance is also granted, in accordance with the terms and conditions of the applicable contract between the lessor and the roadside assistance company; providing also, in the event of damage or accident and until the car is repaired, for the possibility to directly replace the car with another available car, irrespective of the class and cubism. The daily rent does not include any amount or expenses not expressly stated herein and in the relevant insurance contract, which are solely borne by the lessee, such as, indicatively: the fuel costs, the costs for replacing the tires due to misuse of the car, the costs, and expenses related to any penalties imposed due to infringement of the Greek Highway Code or any other legislation, etc. In case of delay to pay the agreed total rental amount along with any other additional charges and expenses provided herein, for any reason whatsoever and irrespective of the lessee’s liability, the lessee becomes liable and owes to the lessor the legal interest on late payment for each day of delay, which is calculated by counting the total days from the first day of delay until the day the lessor is fully paid off.
- Car ownership: Before and throughout the term of this rental, the car belongs to the lessor. The agreement is just a lease agreement and the lessee acknowledges that neither he/she has, nor he/she acquires any other rights apart from those expressly set forth herein. The lessee is prohibited from making, in any way, any disposal and assignment of use, or establishing any kind of rights on the car in his/her favor or in favor of any third party. The lessee is not, and in no way can be considered as acting on behalf, or as a representative of the lessor.
- Guarantee: Τhe lessee shall pay the lessor the amount specified in the front 1st page as a guarantee for the proper execution of this agreement, based on the category of the car. The amount of the guarantee is held by the lessor for whole the duration of this agreement, it cannot be offset against any outstanding rent payments of the lessee, and will be refunded, interest free, to the lessee on expiration of the agreement and return of the car to the lessee, subject to the condition that the lessee will have fulfilled all his/her obligations hereunder.
- Delivery & return of the car: The car was delivered today by the lessor to the lessee upon signature of the agreement in excellent condition and free of any actual or other defect that would render it unsuitable for the intended use by the lessee. The lessee examined thoroughly the car, made a test drive, found it suitable for the use that he/she wishes, and thus received it unconditionally. The lessee is obliged to deliver the car to the lessor at the exact place and time specified on the front 1st page, with the license plates and all relevant documentation, in the condition and with the same quantity of fuel the car had when the lessee received it. If, based on the relevant indicator on the dashboard of the car, there is any difference in the quantity of the fuel the car has at its return to the lessor compared to the quantity it had at its delivery to the lessee, the lessee shall pay in euro the amount that corresponds to the difference of the fuel that must be completed as at the time of the return of the car to the lessor. In case the lessee delays to deliver the car to the lessor without advance notice by the lessee, the lessor may seek directly to pick it up by all lawful means civil and criminal procedures; and with the car being able to be regarded as stolen or displaced and uninsured. In any case, the lessee is obliged to pay the additional daily rent corresponding to the days of delay in the delivery of the car, bearing in mind that the minimum charge is 24 hours (1 day) unless otherwise agreed in written by the parties. In addition, in this case, the lessor is entitled to claim reimbursement for any damage it suffers due to inability to exploit the car, as well as due to any consequent general malfunction in the lessor’s car rental program.
- Infringements & fines: In case a fine is imposed (e.g. due to illegal parking, violation of traffic light or traffic sign, speed limit exceeding, etc.) and/or an administrative infringement of the lessee is addressed by the competent authorities, the lessee must notify such event to the lessor when returning the vehicle and, in any case, within 24 hours from the time such infringement is addressed by the authorities; and/or from the imposition of the fine and/or any other kind of penalty. The lessee is also obliged to providing all relevant accurate and truthful information, as well as to cooperating in all the ways with the lessor in everything that will be required in order for the liable person or the lessor to be discharged from any administrative penalty and/or fine. Any failure of the lessee to timely do the above shall render him liable for the financial compensation of the lessor for any damage incurred as well as for any additional burden the lessor suffered due to the lessee’s omission. In the event where, for any reason, the lessor is charged because of the lessee a part of or whole the above expenses, the lessor shall invoice respective amount to the lessee, who is obliged to pay off the lessor within the same day the latter is being charged.
- Termination of agreement: In the event where the lessor becomes aware, in any way, that the car is driven unlawfully or by infringing any of the terms herein, the lessor has the right to terminate the rental at any time. The termination of the agreement results automatically in the termination of the car rental.
- Accidents: In the event of an accident or any other incident (fire, theft, loss, etc.) the lessee is obliged to automatically follow the below procedure: i) to call the police; ii) to note the names and addresses of all eyewitnesses and any other persons who have been involved in the above facts; iii) to not recognize any third-party claims; iv) to contact immediately the lessor’s representatives by telephone or by any other means; v) to collect all relevant information by any third party along with all related documents and elements (e.g. by taking photos, videos etc.) and forward them immediately to the lessor; vi) to complete and sign any document, strictly and only upon the lessor’s written order, and in general, to follow in detail all instructions and orders of the lessor.
- Loss or damage: If the car is damaged or lost while in rental, irrespective of his/her fault, the lessee is obliged to pay immediately to the lessor an amount equal to the value of the car repairs, based on the repair costs’ estimation by the car repair shop chosen from the lessor; and in case of car loss, the lessee is obliged to pay immediately to the lessor an amount equal to the current market value, along with the relevant applicable taxes and license plate costs, as a compensation for the lessor due to the complete inability to use it, excluding the following cases: a) in case of theft of the car despite although the lessee has fully complied with the terms and conditions herein as well as with all regulations set by applicable legislation; and b) in case of damage occurred despite the fact that the lessee has fully complied with the terms and conditions herein as well as with all regulations set by applicable legislation and the Greek Highway Code. Especially, in the event of loss of the car keys, for whatever reason, the lessee is obliged to immediately inform the lessor accordingly so that the lessor sends spare keys; the lessee is obliged to refrain from any attempt to start the car. The cost for the issuance of new keys burdens the lessee, based on the relevant receipt of the car dealership issuing the new keys. In the event where the car keys are locked in the car, for whatever reason, the lessee is obliged to immediately inform the lessor so that the lessor either sends him/her the spare keys, or arranges that a locksmith goes on the spot to open the car. Respective costs for sending the spare keys and/or receiving locksmith services burdens the lessee based on the relevant receipt.
- Insurance coverage: The insurance coverage is specified and governed by the terms of the insurance contract concluded with the insurance company, concerning that specific car. The lessee – driver of the car is exempt from fire and material damage caused by an uninsured vehicle, while he/she is insured with civil liability for the death or injury of third parties and passengers. The insurance coverage is effective provided that the car is used in full compliance with the terms and provisions herein. Otherwise, the lessee is fully and exclusively liable for any damage caused and has no claim whatsoever against the lessor. The lessee’s liability for damage of the car may be limited and eliminated, provided that he/she did not violate the Greek Highway Code, and specific amounts per rental day are paid based on a specific minimum charge per car category. In any case, indicatively, the insurance coverage does not cover: a) any damages at the bottom side of the car if caused by driving the car at the side of the asphalt (kennel) or in unpaved roads or places; b) any loss or damage to the luggage and personal belongings for which the lessor bears no responsibility whatsoever; c) damages to the interior of the car; d) any damage or deterioration caused during its carriage by the ship (unless it is caused while parking), by train or by any other means of transport as well as by malicious acts or disturbances; e) in any case, if the driver has consumed alcohol or drugs; f) for accidents caused with a driver of the car not declared herein; g) for accidents regarding which the lessee did not inform immediately the lessor and did not file the relevant accident statement, regardless of his/her liability. In the event where any insurance risk incurs, the lessor receives any sums paid by the insurance companies pursuant to the relevant contracts. The lessee is obliged to notify the lessor in writing, within 24 hours from the occurrence of an insurance event, regardless of his/her liability. If the lessee fails to timely notify the lessor regarding the occurrence of such a case, the above insurance coverage does not apply, the lessor has no liability and is entitled to claim from the lessee any amount that the lessor may be obliged to pay for whatever reason related to that specific insurance event, covering also any other damage the lessor may suffered as a result of its objective liability by the law as the owner for the car involved in the accident/incident.
- Disclaimer: The lessor is responsible exclusively in case of fraudulent or heavy negligence. In all other cases (including slight negligence, luck or force majeure) the lessor has no responsibility whatsoever and no claim can be brought against it. Also, the lessor has no responsibility whatsoever for the loss of any items that were transported by the car or may have been abandoned in it after its delivery to the lessor.
- Right of substitution: This agreement and the rights and obligations arising herein for the lessee are in their entirety indivisible, in any way and for any reason whatsoever. The lessor is entitled at its sole discretion to be substituted by any third-party, natural or legal person, in all its rights and obligations under this agreement, subject to the condition that it notifies the lessee with a written notice.
- Violation of rental terms: The agreement takes precedence over any other prior written or oral agreement between the lessor and the lessee. In any event where the lessee breaches or attempts to breach any of his/her obligations under the agreement, or in the event that the information and other details he/she provides to the lessor are not accurate, the lessor shall at its sole discretion terminate this agreement, and seek for the remedy of any loss and/or damage sustained because of the above inaccurate information/data. In case of termination of the agreement, the lessor is entitled to exercise all its legal rights. The lessee is entitled to unilaterally terminate this rental prior to the expiration of the agreed term provided that he has fulfilled all his/her obligations provided herein. This agreement may be terminated by the lessor in case of bankruptcy, filing for bankruptcy or termination of lessee’s payments, as well as in case of disputing its solvency, such as, for example, in the event of foreclosure, enforced execution, auctioning, and forced management against its property.
- Non-waiver: The non-exercise or delayed exercise by the contracting parties of any of their rights provided in this agreement does not constitute nor can be considered as constituting a waiver thereof.
- Jurisdiction: All the terms provided herein are considered substantial by the parties which expressly and irrevocably accept each one and all of them together as a consolidated text constituting the full and exclusive agreement between the parties herein and prevailing over any other written or oral agreement. Any disputes arising herein, including disputes of its interpretation, fall under the exclusive jurisdiction of the Courts of Athens in Greece. The breach of any term has the consequences set out in article 16. The headings of the Articles are for the convenience of the parties and cannot be used for interpretation purposes.
- Amendments: Any amendment, extension or renewal of the terms herein is void, if not made in written.
- Disclosures & announcements: Any disclosure or announcement related to the agreement must be notified to the addresses of the parties as referred in its introduction.
In witness whereof, the parties drafted and signed hereby as follows.
The lessor The lessee