1. GENERAL TERMS
1.1. Object of Agreement. Rentest AS (Rentest) rents a motor vehicle (Vehicle) according to Vehicle Rental agreement and conditions to the Renter for a fixed period (Rental period) and the Renter commits to pay Rent (Rent), other possible payments and also return the vehicle to Rentest after agreed rental period.
1.2. Documentation. The documents of Rental agreement are General Terms and Conditions (General Terms) and Rental Agreement (signed Rental Agreement). In the event of contradiction or gaps in the documents, documents will be first based on the Rental Agreement and then General Conditions.
1.3. Personal Data. By signing the Rental agreement the Renter agrees the processing of personal data by Rentest including retention of data for the purpose of their subsequent verification, vehicle location tracking by GPS device, the transmission of data to payment defaults registrars, to persons who deal with collection of debts, to contractors who provide Rentest with services and to persons to whom such information is entitled by law. Rentest processes personal data only for the Rental agreement and the consequent rights.
1.4. Deadline. The period of the Rental agreement is Rental period. Rental period begins on the day of picking up the Vehicle by the Renter and Rental period ends on the day marked in the Rental Agreement. The Rental agreement does not prolong nor does it change to be indefinite under any circumstances, including in cases where the Renter fails to return the Vehicle and / or continues to use the Vehicle after the Rental period passes.
2. DELIVERY AND RETURN
2.1.Delivery. Rentest provides Renter with a running Vehicle, required documents and keys at Rentest location on a business day at a set time between 9-17. On delivery the Renter is obligated to check the condition of the Vehicle. The state of the Vehicle identified by inspection (including visible damage) and all other relevant factors in the context of the rent (time of delivery, Vehicle damage, fuel level) will be noted in the Rental Agreement. By signing the Rental Agreement the Renter confirms that he has checked the Vehicle, the Vehicle is in good technical condition, the information mentioned in Rental Agreement is correct and the possession and the responsibility for destruction, loss and damage of the Vehicle and damage caused by the Vehicle as a major source, has been transferred to the Renter.
2.2. Return. The Renter agrees to return the Vehicle to Rentest at the time and place stated in the Rental Agreement and in the same technical condition considering normal wear and tear and the same amount of fuel as on delivery. Rentest carries out an inspection before taking over the possession of the Vehicle. The state of the Vehicle on return will be noted in the Rental Agreement. In case of dispute, the parties proceed to determine the Vehicles normal wear and tear will be based on the „Instructions for Determination of Normal and Abnormal Wear and Tear of Vehicles“ of the Union of Estonian Car Sales and Service Enterprises (AMTEL). Rentest is not obliged to take the Vehicle on weekends and on business days outside 9.00-17.00. If the Vehicle is returned with less fuel in the tank than on delivery, the Renter is obligated to pay the fee according to the Rental agreement and reimburse Rentest the cost of fuel missing. In case of delay in returning the Vehicle, the Renter is obligated to:
2.2.1. pay a penalty of 100 euros, unless the delay is notified by the Renter in advance at least 24h; and
2.2.2. pay the rent for each day of delay. The grace period is 30 minutes after the return time marked in Rental Agreement.
2.3. Deficiencies when returning. The Vehicles deficiencies on return are considered as damage, which is not mentioned in the Rental Agreement on the delivery of the Vehicle and that occur during the inspection on return. Rentest has the right to announce the hidden deficiency within 2 working days from return and then send the Vehicle to a technical service center for inspection. Rentest has the right to present the Renter with a claim to compensate the cost of elimination of hidden deficiencies within 5 business days after notification based on the estimate of the service company (c. 5.4).
2.4. Early return. The Renter has the right to return the Vehicle before the end of the Rental period stated in the Rental Agreement by notifying Rentest at least 24h in advance and paying the fee for early return stated in paragraph 4.2.4.
3. USE OF VEHICLE AND CONDITIONS
3.1. Driving License and experience. The Renter must be at least 21 years old and have had at least 2 years of driving experience.
3.2. Driving areas. Rentest vehicles may be driven to Latvia, Lithuania, Poland, Finland, Sweden and Norway. The Renter has the right to use the Vehicle only in areas mentioned in Rental Agreement. Rentest has the right to monitor the Vehicle location using a GPS device. The Vehicle can be used outside of Estonia only with the written permission of Rentest and paying the fee for leaving Estonia. It is forbidden to drive the vehicle to Russia, Belarus and Ukraine.
3.3. Forbidden use of vehicle. The Renter is not allowed to smoke in the Vehicle and use the Vehicle:
3.3.1. against the permitted uses, technical or operational rules to motor Vehicle safety, use or traffic regulatory legislation;
3.3.2. with unsuitable fuel or operational fluids;
3.3.3. as a rally-, race-, driving lessons or test drive Vehicle;
3.3.4. to transport passengers or cargo for any business purposes;
3.3.5. let other individuals use the Vehicle under the influence of alcohol, narcotic or psychotropic substance or in a non-suitable health status;
3.3.6. if the Vehicle is technically not in order;
3.3.7. driving off-road or on roads that are not intended for vehicular traffic;
3.3.8. to tow other vehicles or trailers;
3.3.9. to transport animals, except the small animals in a designated cage;
3.4. Renter obligations. The Renter is obligated to:
3.4.1. lock the Vehicle and if available switch on the alarm system when leaving the Vehicle.
3.4.2. not to remove of replace Vehicle parts or accessory items without the permission of Rentest;
3.4.3. not to remove, corrupt, shield or reconfigure the Vehicle GPS tracking settings;
3.4.4. not to remove or conceal the information about the Vehicle or its accessories or in documents about Rentest or ownership of the Vehicle.
3.5. Sublease. The Renter is forbidden to sublease/rent the Vehicle or allow other users to drive the Vehicle, except when the other user is authorized and specified in the Rental Agreement .
3.7. Claims. The Renter is obligate to compensate Rentest all third-party claims incurred during the Vehicle Rental period regarding the holding or relating to the use (including the fines or monetary penalties for violation of traffic rules or of parking arrangements, late penalties decisions, Vehicle removal fees and also Vehicle as a major source of danger claims, etc.). On return the Renter is obliged to notify Rentest of all possible and known third-party claims. The Renters obligation to compensate shall remain valid even after the return of the Vehicle or the end of the Rental agreement.
4. RENT, OTHER FEES AND DEPOSIT
4.1. Rent. The Renter is obligated to pay rent (Rent), marked in the Rental Agreement, for the use of the Vehicle. The Rent is calculated on daily rates of Rental term, for each day started, including the first day rate of the transfer of the Vehicle.
4.2. Other fees. In addition to Rent, the Renter is obligated to pay:
4.2.1. an administrative fee of 10 euros for handling each parking or traffic violation fine, associated with the Vehicle, plus the amount of the fine;
4.2.2. in case of missing fuel, refueling fee of 15 euros per Vehicle on return plus the fee of missing fuel;
4.2.3. the border crossing fee of 5 euros (including tax) per day for using the Vehicle outside of Estonia (paragraph 3.2). The border crossing fee applies up to 10 days;
4.2.4. early return fee according to Rentest valid price list.
4.2.5. the violation fee set out in the Rental Agreement for mileage limitation according to amount in Rental Agreement.
4.3.Deposit. Rentest has the right to determine at its discretion to the Renter contractual obligations to guarantee compliance with the conditions in the Rental agreement. Renter will provide the deposit before the pick-up of the Vehicle. If not determined otherwise by Rentest the Renter shall pay deposit to Rentest in the full amount of the Rental charges with the self-risk in paragraph 5 (Deposit). Renter may transfer the Deposit to a Rentest bank account or as a credit card deposit. Upon returning the Vehicle Rentest will set off the Rental charge (including VAT) and other payments from the Rental agreement and the amount of the Deposit requirements. In case the Deposit is paid in transfer, Rentest will refund the Deposit surplus to Renters account. If the Deposit is not sufficient to satisfy the Rentest claims, Renter shall pay the missing amount to Rentest bank account according to the invoice.
4.4. Terms of payment.The Renter pays the Rent and other payments arising from the Rental agreement in accordance with terms of payment indicated in Rentest invoice, payment by credit or debit card or by bank transfer in advance before the delivery of the Vehicle, after the return of the Vehicle or as agreed in Rental Agreement.
4.5. The VAT. VAT will be added to all fees set out in the Rental agreement, unless the law provides otherwise. In case of self-risk charges VAT will not be added.
4.6. Delays in payment. According to the Rental agreement the Renter accepts to pay a delay penalty of 0,15% of the outstanding amount for each day of delay. Delay in payments or in fulfilling the claims the Rentest has, according to the Rental agreement, the right to publish information about the Renter to any publicly accessible register of payment defaults.
5. INSURANCE AND THE RENTER LIABILITY
5.1. Insurance. Rent includes:
5.1.1. Vehicle liability insurance costs;
5.1.2. Comprehensive insurance costs;
5.2. Self-Risk. If not otherwise provided in the Rental Agreement, the Renter is obliged to compensate the damage caused to Rentest in the following scale (self-risk):
5.2.1. in every case of damage to the Vehicle covered by the insurance, the amount of self-risk;
5.2.2. in case of theft, full destruction or loss, 30% of the Vehicles market value, provided that the Renter will return the Vehicle keys and documents. In case of full destruction, theft or loss of the market value will be determined within a reasonable period of time by nationally recognized expert in the assessment of Vehicles. The expert opinion will be commissioned by Rentest. Market value will be based on the condition of the Vehicle during the delivery to the Renter.
5.3. Uninsured damage. The Renter undertakes to compensate Rentest:
5.3.1. damages to the Vehicle and to the interior of the Vehicle or in case of full destruction or loss the damage not covered by the insurance, in full.
5.3.2. in case of theft or loss, if the Renter does not return the Vehicle keys or documents, 100 % of the market value of the Vehicle.
5.3.3. in case of a loss of the keys and document, the cost of replacing them.
5.4. Deficiencies of the Vehicle. In case of hidden deficiencies discovered on returning of the Vehicle (paragraph 2.3.), the Renter is obliged to compensate Rentest the cost of elimination of deficiency(ies), estimated by the Vehicle manufacturer’s official representative office or from a service company. Rentest has the right to submit the claim for reimbursement within 5 business days after becoming aware of the hidden deficiencies.
5.5. Accident or technical failure. In case of Vehicle technical failure or accident the Renter is obliged to:
5.5.1. inform Rentest as soon as possible about the accident or failure to the contacts indicated in the Rental Agreement;
5.5.2. follow the instructions provided by Rentest about taking the Vehicle to the repair of service center (not to take the Vehicle to repair or service center without prior permission from Rentest);
5.5.3. to co-operate with Rentest and the insurance company in case of investigation of accident, failure or other case of insurance caused to the Vehicle or with the Vehicle
6. OTHER PROVISIONS
6.1. A replacement Vehicle. In case of vehicle failure, which is not due to the Renter, Rentest provides a replacement Vehicle within one business day after becoming aware of the failure, provided that the Vehicle is located in the area of use.
6.2. Cancellation of the Rental agreement. Rentest has the right to cancel the Rental agreement if the Renter violates the Rental agreement substantially or does not eliminate other violation during a reasonable period of time, as well as some other reason regulated by law. In case of cancellation of the Rental agreement, the Renter is obliged to return the Vehicle within time and to a place appointed by Rentest.
6.3. Governing law and dispute settlement. Rental agreement shall be governed by the Estonian national law. Dispute from the Rental agreement will be attempted to resolve with negotiations of the parties. If no agreement is reached, the dispute is settled in Harju County Court.