GENERAL CONDITIONS

1. INTRODUCTORY REGULATIONS

(a) “Lessor” – MONICARS d.o.o., headquartered at: Virovitica, Croatia, VAT: 12657748075

(b) “Lessee” – a physical or legal person who or on whose behalf the vehicle is being rented. The Lease Agreement is referred to as the “Lessee” and is responsible for compliance with all points of these General Terms and Conditions and the Lease Agreement.

(c) “Contract” – an individual Lease agreement to be signed when the vehicle is leased in which the use of the vehicle is authorized, defines the takeover and return of the vehicle, the coverage, equipment and services included in the rental price and the method of payment of the lease. The contract also contains information on mileage status, fuel quantity, damages and possible defects on the rented vehicle, as well as other rights and obligations that are fully accepted by both parties.

(d) “Driver / Additional Driver” – a physical person listed in the Lease Agreement as the “Beneficiary”

who signs the Lease Agreement and assumes the vehicle responsible for compliance with all regulations of the Lease Agreement.

(e) “Beneficiary” – Lessee, Driver and Additional Driver, hereinafter referred to as the General Conditions of Lease, shall be designated in one word – Customer.

(f) “Vehicle” means the object of the Lease Agreement, which details are specified in the Lease Agreement.

 

2. RENTAL CONDITIONS

By signing the Agreement, the Customer confirms that he is picking up the vehicle in proper condition, suitable for the contracted use, with all its associated equipment and supporting documentation.

The driver who, on behalf of the Beneficiary of the Legal Entity, takes over the vehicle and signs the Agreement that he is authorized to do so, and guarantees and is responsible to the Lessor, jointly with that legal entity, for compliance with and fulfillment of all obligations under this Agreement.

By signing the Agreement, the Customer guarantees the Lessor that he meets the general requirements of minimum years for driving a motor vehicle and that he possesses the necessary documents for driving a motor vehicle, in accordance with the positive regulations of the Republic of Croatia, which he is obliged to give to the Lessor in the original. The copy remains in the possession of the Lessor as an annex to the Agreement.

The Customer is also responsible for traffic offenses that he had done during the term of the Agreement, after termination of the Agreement.

 

3. PAYMENT TERMS

The Customer is obligated to pre-authorize his / her credit card or hand over a debit note to the amount determined by the Lessor according to his / her estimation, depending on the vehicle class, rental time, cover etc.

By signing the Lease Agreement, the Customer authorizes the Lessor to pay all amounts for daily rent according to the agreed tariff, daily allowances (purchased cover, additional equipment and services), as well as costs incurred, all according to the current Price List, by debiting the debit or account of the Customer.

The Customer’s Account means a credit or debit card account under which a pre-authorization or other agreed account has been made.

The lessor may collect the amounts payable by debiting the debit note or account of the Beneficiary during or after the end of the lease, when it determines the existence of the obligation of the Beneficiary, or the Beneficiary may pay such costs in agreement with the Lessor, which is the free choice of the Lessor.

If the Customer settles the costs by direct payment to the Lessor account, he shall do so within the specified payment deadline.
In the event of delay, the Customer is obliged to pay the Lessor the statutory default interest, as well as any additional costs actually incurred.

 

4. LONG TERM RENTAL

 The long-term lease agreement contracts the rental of vehicles for a period of 12 months or more. Payment for the service is made according to the monthly bills that the Lessor delivers to the Lessee at the beginning of the lease for the current month or at the beginning of each subsequent month of the lease. By a long-term lease agreement, the Customer assumes the obligation to pay additional maintenance costs for the period under the contract.

 

5. CUSTOMER OBLIGATIONS

 By signing the contract, the Customer declares that he is aware of all the obligations stated below and that he accepts them:

(a) that, upon termination of the lease, the vehicle will be returned to the place and within the period specified in the Contract, in the condition, with the equipment and the quantity of fuel in which it was taken over, or before the agreed period, at the request of the Lessor;

(b) request from the Lessor, in writing, at least before the expiration of the rental period itself to extend the lease term, as well as any other changes to the lease, otherwise the Lessor is authorized to report the disappearance of the rental vehicle;

(c) that the vehicle will not be overloaded, used for driver training, transportation or towing of other vehicles or trailers, for paid passenger transportation, endurance tests, speed tests, for illegal acts;

(d) that the vehicle will only be used by the driver or an additional driver (s), for their own purposes and in accordance with the purpose of the vehicle and that the vehicle will not be used by unauthorized users and third parties;

(e) use the vehicle properly and treat the vehicle with the care of a good host / businessman;

(f) that when left, the vehicle will always be locked with the windows closed and take the keys and documentation of the vehicle and always have them under personal control;

(g) to drive only on public roads, free from alcohol or narcotics, in compliance with all traffic regulations;

(h) to ensure that the vehicle is properly maintained, i.e. to check the coolant, oil, other fluids, tire pressures, etc. regularly;

(i) when indicated by the signaling instruments in the vehicle, or if the Customer considers that the vehicle requires servicing and a long-term lease is not agreed, he shall contact the Lessor for regular repairs and referral of the vehicle to an authorized repair shop, as well as for other service activities and other repairs. In the event of damage to the vehicle or damage to the vehicle due to non-compliance with the provisions of these General Conditions, the Customer is obliged to compensate for all such damage and any lost earnings due to the inability to perform the basic activity of a particular vehicle;

(j) that in the case of a long-term lease, he/she will bear all the maintenance costs of the vehicle required by the vehicle’s signaling instruments or vehicle maintenance book for the period while the vehicle is rented, such as oil and filter change, small and large service, change of consumable parts as such as brake pads and discs, clutch, optical illuminators and more;

(k) that he/she will neither carry nor permit the carriage of more passengers or goods than the maximum specified in the license or vehicle, and will not make any modifications to the vehicle;

(l) to bear all costs associated with the operation of the vehicle, fuel, tolls, tolls, parking, misdemeanor and other similar charges,

The Customer gives the contracting authority the Lessor’s right to debits the debit or credit debit card listed on the front of this Lease Agreement, without prior notice, to pay for all traffic violations and parking and other penalties, determined by the law of the country in which the vehicle is being driven, and commenced during the rental period, regardless of when they were determined or due, plus any possible handling costs;

(m) in the case of a long-term lease agreement, bear the additional costs associated with the operation of the vehicle such as winter and summer tires, rims, wiper blades;

(n) that the Lessee, a legal entity, exceptionally, with the prior written notice and consent of the Lessor, can lease the vehicle as a driver to its eligible worker, and in that case it is obliged to inform him of these rental conditions and the driver’s responsibilities, which in which case it does not diminish the liability of that entity for compliance with these Terms and the Lease Agreement.

 

6. DAMAGE AND LOSS OF DOCUMENTATION

 In case of damage to the vehicle, lack of equipment or accessories, missing documentation, license plates or vehicle keys, the Customer compensates for the damage according to the valid Price List.

The Customer is responsible for damage to the engine or drive mechanism of the vehicle (for example, due to lack of oil, coolant and other fluids in the engine), as well as in cases of crankcase damage, damage to the clutch (so-called burned clutch), damage to the vehicle’s lower body, losses or damage to vehicle documents and keys, loss / destruction of license plates, damage to the interior of the vehicle, burned seats, spillage of improper fuel or other malfunctions caused by the negligence of the Customer or the driver of the vehicle (such as careless driving or driving off paved roads). In all of these cases, the Customer reimburses the Lessor for the entire amount of the repair costs of the vehicle and the amount of the lost daily rent of the vehicle according to the valid Price List of the Lessor during the repair period, but not more than 30 days, and any other damages, such as towing or impaired costs. The Customer or the person to whom the vehicle was put into service by the user assumes the obligation to use the vehicle according to the manufacturer’s instructions, as well as the use of diesel or unleaded fuel according to the manufacturer’s instructions. All damages resulting from non-compliance with these instructions are not covered by insurance and are to the detriment of the Vehicle.

 

7. STEALING (THEFT), ACCIDENT, DAMAGE ON THE RENTED VEHICLE

 In the event of a car accident, damage, accident, evasion, theft, malfunction of the vehicle or similar circumstances the Customer is obliged to:

• protect the vehicle from deterioration and further damage, until its takeover by the Lessor;
• record the names and addresses of participants and witnesses;
• call the competent police and secure their record, except in the event of a malfunction;
• promptly make a statement about the event at the Lessor’s nearest branch.

The Customer is obliged to report any damage to the vehicle to the police. In case that the Customer does not provide the police report, make a statement and does not provide an alcohol test of the driver, the full cost of the damage to the vehicle shall be charged to the Customer, including lost profits in the amount of the daily rental charge for the non-use of the vehicle for the duration of the repair, up to a maximum of 30 days, regardless of the Customer’s fault for the event and whether the Customer has accepted and paid the redemption of total liability for damages (SCDW).

 

8. COSTS RECOVERABLE TO THE CUSTOMER

 The lessor shall reimburse the Beneficiary for the necessary expenses for oil, lubricant, regular servicing and other necessary minor repairs, which were incurred during the lease, except in the case of a long-term lease contract, based on the invoice presented upon payment.

The Customer must obtain the consent of the Lessor’s authorized person for reimbursement of the stated costs, otherwise reimbursement will not be possible. The Customer is obliged to submit to the Lessor a valid invoice issued by the legal entity that performed the service, which reads at MONICARS d.o.o., Antuna Augustinčića 46, VAT: 12657748075, which is a prerequisite for payment of the fee.

 

9. PARTICIPATION IN DAMAGES

The Customer can reduce the risk and amount of the damage compensation by accepting appropriate cover, provided that he did not cause the damage by violation of the provisions of these Terms, the Lease Agreement and legal regulations, or intentional or improper use of the vehicle.

Accident Passenger Cover (PAI); driver and passengers are insured in case of death and disability up to the amount prescribed by the insurance company with which all the Lessor’s vehicles are insured.

Redemption of total liability for participation in damages (SCDW); By accepting and paying daily coverage, the Customer can limit the overall liability for damage to the vehicle. Paying for SCDW cover does not cover the risks: destruction / damage to tires, rim or rim, destruction / damage to the vehicle’s underbody, vehicle interior (unless the interior was damaged in an accident), all vehicle windows and any damage without a police record.

By signing the Lease Agreement, the Customer authorizes the Lessor to pay to the credit card holder or any other form of payment all costs of repair, malfunction or loss, up to the amount of the franchise or the full amount of damages if he has not complied with these General Terms of Lease, and those disclosed after the vehicle has been returned and the Customer has not informed the Lessor in accordance with the procedure for returning the vehicle. Insurance does not cover damage to risk areas or war zones.

 

10. PERSONAL DATA COLLECTION AND PROCESSING

 The Customer provides personal information voluntarily. The personal information of the users is needed in the process of realization of the requested service.

The lessor uses and processes personal data in accordance with the applicable regulations on personal data protection. Information on the processing of personal data, as well as the rights of users, can be found in the Privacy Statement available at www.monicars.net

 

11. OTHER CONDITIONS / PROVISIONS

The Lessor shall not be liable for damages suffered by the Customer due to delay in the delivery of the vehicle, as well as for damages that would occur to the Customer due to a breakdown of the vehicle during the lease.

The lessor has the right to terminate the Lease Agreement and immediately take possession of the vehicle if the Customer fails to comply or fails to comply with any provision of these Terms or the Lease Agreement, or if the vehicle is damaged. Termination of the Lease under this provision shall be without prejudice to the other rights of the Lessor under these Terms and the Lease Agreement.

This agreement is made in two identical copies, one of which is handed over to the Beneficiary and the other is retained by the Lessor.

By signing on the back page of this Agreement, the Customer accepts this Agreement and all its provisions, and by accepting the insurance cover referred to in Article 8, he also accepts the insurance conditions of the insurer for those types of insurance with which he is familiar.

Amendments to this Agreement may be made in writing only, and oral amendments shall be void.

In the event of a dispute under this Agreement, the parties agree the territorial jurisdiction of a court in the competent jurisdiction in Zagreb, with application of Croatian law.