General Rental Conditions | Actinia

1. INTRODUCTORY PROVISIONS

These General Rental Terms and Conditions shall apply to all relationships entered into by ACTINIA G.m.b.H., Josefstädter Strasse 43-45, 1080 Vienna, Austria, or ACTINIA d.o.o., Mašera-Spasićeva ulica 8, 1000 Ljubljana, Slovenia (hereinafter referred to as the “Lessor”) in connection with the provision of “rent-a-car” services to the Lessee, and shall form an integral part of the Motor Vehicle Rental Agreement (hereinafter referred to as the “Agreement”).

By signing the Rental Agreement, the Lessor and the Lessee confirm the validity of these General Rental Terms and Conditions, whereby the signatures of both parties simultaneously constitute an express declaration by both parties that they are fully familiar with the contents of the Agreement and these General Terms and Conditions, that they have read and understood them in their entirety, agree to them and accept them. By signing the Agreement itself, the Lessee also confirms that the General Rental Terms and Conditions have been duly provided to them or that they have otherwise been duly made aware of them.

Any material breach of these General Rental Terms and Conditions shall simultaneously constitute a breach of the contractual provisions and shall constitute sufficient grounds for immediate termination of the Agreement or the relevant Annex to the Agreement, or any supplement forming an integral part thereof, subject to the provisions of the Agreement.

2. DEFINITIONS

Lessor means ACTINIA G.m.b.H. or ACTINIA d.o.o., as well as all of its employees and persons authorised by it.

Lessee means the Lessee, as well as all of its employees and persons authorised by it who are entitled to operate the vehicles under the Agreement, as well as third parties who, at the will or through the fault of the Lessee and without the Lessor’s knowledge, operate the vehicles.

Vehicle means all vehicles subject to the Agreement, for which the singular grammatical form shall be used regardless of the actual number of vehicles rented at any given time, as stated in the Agreement or its Annexes.

Agreement means the Motor Vehicle Rental Agreement and all Annexes thereto concluded on the basis thereof – the list and description of long-term vehicle rentals (hereinafter referred to as the “Annex”). The term “Agreement” as used in these Terms and Conditions shall refer both to the basic Motor Vehicle Rental Agreement and to all Annexes thereto, unless expressly provided otherwise.

3. SUBJECT MATTER OF THE RENTAL AND CONTENT OF THE AGREEMENT

The subject matter of the rental is a passenger or commercial motor vehicle, the identification details, equipment, rental period, rental fee, deposit, number of included kilometres, mileage charge (excess mileage), scope of insurance (third-party liability/comprehensive insurance) and deductible, as well as other essential terms, being specified in the relevant Annex. The Annex shall form an integral part of the Agreement. The Lessee must provide the Lessor, no later than upon conclusion of the Agreement or before taking possession of the Vehicle, with a list of persons authorised to use/operate/drive the Vehicle, together with the required information (first and last name, permanent residence, date of birth and driving licence details). Any change to the list must be communicated by the Lessee without delay and no later than 24 hours after such change occurs. The Lessee shall be liable for the consequences of the Vehicle being used by unauthorised persons. The Lessor shall deliver the Vehicle in technically sound condition, duly registered, equipped with all legally required equipment and insured, as recorded in the vehicle handover report. The vehicle handover report (including a description of the Vehicle’s condition and any particularities) shall constitute a mandatory attachment and evidence of the condition of the Vehicle upon delivery and return. The Lessor undertakes to deliver the Vehicle to the Lessee within seven (7) days following the signing of the Annex, provided that the Vehicle is available; if the agreed make/type is not available, delivery shall take place within the supplier’s procurement lead times, of which the Lessor shall inform the Lessee.

4. USE AND OPERATION OF THE VEHICLE

The Vehicle may be used, driven or operated by:

• persons over 21 years of age who hold a valid driving licence for at least 2 years (or in accordance with the applicable requirements of the insurer);
• persons authorised to operate, drive or use the Vehicle, as specified in the Agreement or subsequently notified by the Lessee;
• persons who have passed the relevant professional examination concerning occupational safety and fire safety as required by applicable legislation;
• the Lessee must not have been convicted of a criminal offence or be subject to criminal proceedings.

All of the above conditions for driving or operating the Vehicle must be met cumulatively. The Lessor shall permit the Lessee’s entitlement to use the Vehicle to be demonstrated by the fact that, provided the Lessee fulfils its obligations under the Agreement, the Lessee may use the Vehicle without restriction during the term of the Agreement in accordance with its provisions. The Vehicle shall have mandatory third-party liability insurance and comprehensive insurance in the scope and with the deductible specified in the Annex. The Lessee shall comply with the insurer’s terms and conditions and the Lessor’s instructions. In the event of a traffic accident, the Lessee must immediately notify the Lessor in writing (by e-mail or post), arrange for a police report where required, and complete an accident report. If the insurer refuses coverage due to a breach of the required procedure, the Lessee shall bear the entire resulting loss. If the Lessee or an authorised person causes damage to the Vehicle by driving under the influence of alcohol, prohibited substances or with an invalid driving licence, and such damage is not covered by insurance, the Lessee shall reimburse all damage to the Vehicle, as well as any resulting business loss (loss of rental income) for the duration of the repair and all necessary costs. Payment shall be due within eight (8) days of receipt of the claim. Any fines arising from offences, as well as all liability relating to the use or improper or unlawful use of the Vehicle, shall be borne by the Lessee. If the Lessor pays a fine, the Lessee must reimburse the amount together with statutory default interest calculated from the date of payment until reimbursement.

The Vehicle may not be used, operated or driven:

• for paid transportation of passengers or goods, such as taxi services or other passenger or goods transportation;
• for participation in any sporting or other competitions or vehicle testing;
• for driving-school activities or other instruction in driving motor vehicles;
• for towing or pulling any vehicle or object;
• for subletting or making the Vehicle available for use by any third party not designated in accordance with the Agreement;
• if the driver is under the influence of alcohol, drugs or narcotics, sedatives, sleeping pills, medication or other psychoactive substances following whose consumption driving a motor vehicle is advised against or prohibited;
• if the Vehicle is overloaded with passengers, luggage or goods contrary to the manufacturer’s technical documentation, or is improperly loaded or secured contrary to applicable regulations;
• if the Vehicle is not roadworthy or technically sound and the Lessee knows or should have known this based on statutory or internal requirements regarding the roadworthiness of the Vehicle;
• if the registration or insurance agreed under the Agreement has expired;
• outside Class I, II and III roads;
• outside the Republic of Slovenia and/or the European Union, except for temporary use which is permitted only where appropriate insurance has been arranged, including comprehensive insurance, and only in areas where such insurance is valid and subject to the Lessor’s prior written consent;
• in violation of traffic regulations;
• beyond the limits of driving permitted by the prevailing driving conditions;
• for unlawful purposes (e.g. customs offences);
• for the transportation of flammable or hazardous substances;
• for any other purposes contrary to the Agreement, these Terms and Conditions or applicable regulations, as well as for any other purposes that could otherwise endanger or infringe upon the Lessor’s ownership rights over the Vehicle.

For any conduct contrary to the above provisions, the Lessee shall be liable to the Lessor for damages. In addition to the actual damage and compensation, the Lessor may, at its discretion, also enforce early termination of the Agreement against the Lessee, with all consequences arising from the Agreement.

5. VEHICLE HANDOVER

The Lessee shall take possession of the Vehicle after signing the Agreement and fulfilling all conditions and formalities stipulated therein. By signing the vehicle handover report, the Lessee acquires the right to use the Vehicle. The Vehicle shall at all times remain the inalienable property of the Lessor, whereby ownership shall be understood to include, mutatis mutandis, the right of use under concluded leasing agreements. The Lessor shall deliver, and the Lessee shall accept, the Vehicle in technically sound condition, equipped with all legally prescribed equipment and other accessories (first-aid kit, warning triangle and safety vest, basic tools, set of light bulbs and other legally required equipment), duly registered, insured as agreed in the Agreement, together with the original identification documents and insurance policy, which shall be available for inspection in original form at the Lessor’s registered office. If the Vehicle contains additional equipment, this shall be recorded in the Annex. Upon taking possession, the Lessee shall immediately inspect the Vehicle, its accessories and documentation. Subsequent complaints shall not be taken into consideration. The Lessee declares that it is fully familiar with the commercial and delivery conditions and accepts them by signing the Agreement (delivery period, warranty period, availability of spare parts, servicing of equipment and Vehicle, etc.). The Lessee shall be responsible for all documents and accessories received with the Vehicle in the same manner as for the Vehicle itself.

6. RENTAL PERIOD

The duration of the long-term rental for each individual Vehicle shall be agreed between the Lessee and the Lessor by means of an Annex. The duration of a short-term rental (up to 6 months) shall be agreed by the Lessee and the Lessor in the Agreement itself.

7. EXTENSION OF THE RENTAL PERIOD

The Lessee and the Lessor may agree to extend the long-term rental period of the Vehicle. The Lessee must notify the Lessor of its intention to extend the rental of an individual Vehicle at least 60 (sixty) days before the expiry date specified in the relevant Annex. If the Lessee wishes to extend the agreed rental period under a short-term Agreement, it must request the Lessor’s consent at least 48 hours before the expiry of such Agreement. An extension of a short-term rental Agreement may be carried out at any branch of the Lessor, whereas an extension of a long-term Agreement or Annex may only be carried out at the branch where the Agreement was concluded.

8. EARLY TERMINATION AND SECURITY FOR OBLIGATIONS

In the event of early termination of the rental Agreement or an individual Annex, the Lessor shall issue a rental reconciliation within fifteen (15) days from the date of early return of the Vehicle, with payment due within eight (8) days from the date of invoice issuance. In the event of early termination at the will or due to the fault of the Lessee, the paid deposit shall be retained, as the difference to the higher tariff applicable to the early return of the Vehicle shall be charged due to the early termination. If the deposit is insufficient, the Lessor shall issue an additional invoice to cover the resulting loss in Vehicle value and other claims. The deposit shall serve as security for all obligations of the Lessee under the Agreement and its Annexes. The Lessor may use it to settle any obligation of the Lessee (rent, costs, damage, collection costs, etc.). If the Annex or contractual relationship provides that the deposit is non-refundable after the rental period or is linked to a subsequent contractual relationship (e.g. ODK), the deposit shall not be refunded to the Lessee. In any event, the Lessor may require an additional payment if the deposit is insufficient to cover all claims. The shareholder(s) or responsible persons of the Lessee may provide blank bills of exchange or other security instruments as security for the transaction. In the event that any such instrument is enforced, the Lessee shall, within eight (8) days of being requested to do so, provide a new equivalent security instrument. Otherwise, the Lessor may immediately terminate the Agreement. The Lessor may, at any time when it assesses that payment of its claims is at risk, require additional security for its claims (additional security deposit or another appropriate form of security). If early termination is initiated by the Lessor without fault on the part of the Lessee, the Lessor shall not be entitled to charge the higher tariff applicable to the early return of the Vehicle.

9. RETURN OF THE VEHICLE

General provisions

The Lessee undertakes to return each rented Vehicle at the agreed location, on the agreed date and at the agreed time. Upon return of the Vehicle, a vehicle condition report shall be prepared. The Lessee undertakes to return the Vehicle in a condition consistent with normal use of the Vehicle, technically sound, properly maintained, clean, with the agreed fuel level, free of items belonging to third parties and fully ready for normal use, together with all associated equipment, accessories and documentation. If the Lessor immediately upon taking possession (cleanliness, fuel level, etc.) or based on a professional inspection of the Vehicle, carried out no later than 14 (fourteen) days after receipt of the returned Vehicle, determines that the condition of the returned Vehicle is not satisfactory, the Lessor shall be entitled to order the necessary repairs and take other measures at the Lessee’s expense in order to restore the Vehicle to its original condition. If the Lessee fails to return all documents received in connection with the Vehicle or all equipment or accessories belonging to the Vehicle, it shall be required to cover the costs of obtaining all such items. Vital parts of the Vehicle shall be sealed or marked with factory serial numbers. If the Lessor determines that any part is missing or has been replaced, it shall be entitled to charge the Lessee for all resulting damage. In the event of breaches referred to in paragraphs III–V of these General Terms and Conditions, in addition to reimbursement of costs, the Lessor shall be entitled to compensation, which the Lessee shall be obliged to pay in full, including any loss of profit for the period during which the Lessor is unable to use the Vehicle for the purposes of carrying out its registered business activities due to the stated reasons. The Lessor may also claim from the Lessee all damage, compensation and any loss of profit if the Lessee has failed to take any action or has failed to take sufficiently effective action to remedy the legal, technical or economic unusability of the Vehicle, or the reduced possibility of using the Vehicle. In the event of disagreement, the condition of the Vehicle upon termination of the Agreement or relevant Annex shall be determined by an authorised service provider or appraiser at the Lessee’s expense.

Long-term rental

If the Lessee fails to return the Vehicle upon expiry or termination of the Agreement or an Annex thereto as agreed, and fails to extend the rental in a timely manner or notify the Lessor of any impediment to returning the Vehicle, the Lessor shall be entitled to repossess the Vehicle and restore its possession thereof to the state existing prior to delivery of the Vehicle to the Lessee. In such case, the Lessee and the Lessor agree that this shall not constitute interference with possession, and the Lessee expressly permits the Lessor to take possession of its Vehicle. If the Lessee is late in returning the Vehicle, it shall, in addition to all other obligations, pay a daily monetary compensation for each day of delay in an amount equal to the rental fee agreed under the Agreement applicable in the event of early return of the Vehicle, until the actual return of the Vehicle or restoration of the Lessor’s possessory rights. In the event that the Lessor restores its possessory rights over the Vehicle due to the failure to return it within the agreed period, the Lessee expressly and unconditionally acknowledges the vehicle condition report prepared by the Lessor at the time possession is restored. Early return of the rented Vehicle without a specific and justified reason in accordance with the provisions of the rental Agreement shall not be possible before the expiry of six (6) months from the date of delivery of the rented Vehicle. After the expiry of six (6) months, termination shall be possible on the basis of a concluded agreement, whereby the Lessor shall be entitled to charge the rental fee for the Vehicle in accordance with the agreed tariff for early return or the higher tariff stipulated in the Agreement, Annex and these General Terms and Conditions.

Short-term rental

If the Lessee exceeds the agreed rental period, the first 29 minutes shall not be charged. After this period has elapsed, additional days shall be charged until the Vehicle is returned or possession is restored by the Lessor, regardless of the otherwise agreed rental price. In the event that the Lessor restores possession of the Vehicle, the Lessee expressly and unconditionally waives any claim or action for interference with possession or possessory protection and permits the Lessor to take possession of the Vehicle, without the Lessee having the right to assert any claims for damages. In the event that the Lessor restores its possessory rights over the Vehicle due to its non-return, the Lessee expressly and unconditionally acknowledges the vehicle condition report prepared by the Lessor upon restoration of possession.

10. LATE PAYMENT, REMINDERS, DEBT COLLECTION AND REPOSSESSION OF THE VEHICLE DUE TO NON-
PAYMENT

Following the occurrence of a delay in payment, the Lessor may send written reminders to the Lessee according to the following schedule:

• first reminder may be sent from the first (1st) day of delay onwards; the cost of the first reminder shall be EUR 25.00;
• second reminder may be sent if the obligation has not been settled by the eighth (8th) day of delay at the latest; the cost of
  the second reminder shall be EUR 50.00;
• third reminder may be sent if the obligation has not been settled by the fifteenth (15th) day of delay at the latest; the cost
  of the third reminder shall be EUR 75.00.

The reminder fees constitute a lump-sum reimbursement for the Lessor’s administrative, organisational and operational costs. The sending of reminders shall not constitute a prerequisite for exercising any other rights of the Lessor. If the Lessee fails to settle overdue obligations by no later than the fifteenth (15th) day of delay, the Lessor shall be entitled to demand immediate return of the Vehicle and set a return deadline which may not exceed three (3) business days from the date of the request.

Forced repossession of the Vehicle

If the Lessee fails to return the Vehicle within the period stipulated by the Agreement or by a written request from the Lessor, or if circumstances arise justifying repossession of the Vehicle due to breaches of contractual obligations, the Lessor shall be entitled to initiate a forced repossession procedure. The Lessee shall pay a lump-sum forced repossession fee of EUR 2,500.00, representing compensation for the organisation of the procedure and the administrative, logistical and operational costs of repossession. In addition to the lump-sum fee, the Lessee shall also pay all actual costs of transportation, storage, appraisal and other direct costs associated with the repossession.

Contractual penalty in the event of termination due to the Lessee’s fault

In the event of early termination of the Agreement due to a breach of contractual obligations by the Lessee, the Lessor shall be entitled to a contractual penalty of EUR 1,500.00. The contractual penalty constitutes a lump-sum compensation for administrative, organisational and business costs and loss of business. Payment of the contractual penalty shall not exclude the Lessor’s right to compensation for actual damage, whereby the contractual penalty shall be credited against such compensation. After expiry of the period specified in the preceding paragraphs (15 days from the due date), the Lessor may also terminate the Agreement and/or an individual Annex without notice if it assesses that payment of its claims is at risk. Upon termination, all outstanding obligations of the Lessee (rent, reconciliations, costs, damages, collection costs) shall become immediately due and payable, regardless of otherwise agreed payment deadlines. All costs of reminders, debt collection, repossession, storage and any return of the Vehicle, including debt collection agency costs, shall be borne entirely by the Lessee. If the Lessee is late with payment or breaches the Agreement or these General Terms and Conditions, the Lessor may demand immediate return of the Vehicle. The Lessee must return the Vehicle no later than three (3) business days after being requested to do so, to a location designated by the Lessor. If the Lessee fails to return or surrender the Vehicle to the Lessor, the Lessor shall be entitled to seize or forcibly repossess the Vehicle at the Lessee’s expense. In such case, the Lessor shall not be liable for personal belongings located in the Vehicle at the time of repossession. A serious breach shall also include jeopardising repayment of the Lessor’s claims or circumstances referred to in the preceding paragraph (e.g. blocked bank accounts, insolvency, compulsory settlement, bankruptcy or enforcement proceedings), in which case the Lessor shall be entitled to take measures including termination of the Agreement without notice and demand for return of the Vehicle. In the event of repossession or other serious breaches, the Lessor may terminate the Agreement or an individual Annex without notice if it assesses that payment of its claims is at risk. The Lessor shall generally issue an invoice no later than the 5th day of the month for the current month, unless otherwise agreed in the Annex. The rental payment deadline shall be eight (8) days from the date of invoice issuance, unless otherwise agreed in the Annex.

The Lessor shall be entitled to change the agreed rental fee, subject to prior written notice to the Lessee, in the event of:

• (i) changes in Vehicle registration and insurance costs, including increases in premiums or loss of bonuses due to claims for which the Lessee is responsible;
• (ii) increases in Vehicle financing costs (e.g. changes in the reference interest rate);
• (iii) changes to or introduction of public charges (taxes, contributions, fees) or comparable mandatory costs; and
• (iv) excessive or changed use of the Vehicle which is inconsistent with the Agreement, Annex or these Terms and
  Conditions, if such use results in above-average wear or the need for major repairs/service before the prescribed intervals.

Any change in the rental fee shall be permitted only up to the amount of the actual change in costs. Payments under the Agreement and Annexes shall be made to the Lessor’s bank account specified on the invoice or in the Agreement (currently: SI56 6100 0002 4646 980, SWIFT: HDELSI22, Delavska hranilnica d.d.). In the event of late payment of monetary obligations, the Lessee shall also owe statutory default interest from the due date until payment. The above provisions shall apply only to long-term rentals (over 6 months). In the case of short-term rental (less than 6 months), if the current instalment is not paid, the Lessee shall be reminded three (3) days after the due date in the manner specified in the preceding paragraph. If the overdue instalment is not paid within five (5) days from the date of the reminder, the Lessor shall be entitled to temporarily repossess the Vehicle or prevent the Lessee from further using the Vehicle until the outstanding obligation has been paid in full.

11. POSSESSORY PROTECTION AND SELF-HELP

If the conditions for the return of the Vehicle or termination of the Agreement arise, the Lessor shall be entitled to demand immediate return of the Vehicle. If the Lessee fails to voluntarily return the Vehicle within the contractual deadline, the Lessor shall be entitled to restore direct possession of the Vehicle, provided that it acts in accordance with applicable regulations and in a manner that does not cause disproportionate damage. The Lessee shall enable the Lessor to access the Vehicle at the location where it is situated if the conditions for its return have arisen. If the Vehicle is located on land or premises owned or exclusively possessed by the Lessee, the Lessee shall enable access for the purpose of taking possession of the Vehicle. The Lessor may restore direct possession of the Vehicle only if this can be done without violence, without unlawful interference with premises and in accordance with applicable regulations. Repossession may only be carried out after the deadline for voluntary return of the Vehicle has expired.

Limitation of self-help

The Vehicle shall be repossessed in a manner that does not constitute criminal conduct, does not involve violent intervention and is strictly limited to taking possession of the Vehicle as the property of the Lessor.

Report and personal belongings

A report shall be prepared upon repossession. Personal belongings found in the Vehicle shall be inventoried and stored for eight (8) days. After the expiry of this period, the Lessor shall bear no responsibility for them. All costs of repossession, storage, transportation, appraisal and any other related costs shall be borne entirely by the Lessee.

12. TEMPORARY RENTAL OF THE VEHICLE TO A THIRD PARTY AT THE LESSEE’S BUSINESS RISK

During the rental relationship, the Lessor may, subject to the Lessee’s prior written consent, temporarily rent the Vehicle to a third party. Such temporary rental shall not constitute termination or suspension of the rental Agreement with the Lessee, but merely a temporary period during which the Lessee does not use the Vehicle. All contractual obligations of the Lessee shall remain in force unless otherwise provided by a separate written agreement. In its relationship with the third party, the Lessor shall act as an independent lessor on the basis of a separately concluded rental agreement.

Regardless of whether the third party was proposed by the Lessee or selected by the Lessor, the Lessee expressly guarantees the third party and shall be jointly and severally and without limitation liable to the Lessor for:

• payment of rent and all other monetary obligations;
• all damage events;
• fines, penalties and offences;
• third-party claims;
• procedural and legal representation costs;
• the Lessor’s loss of profit.

Joint and several liability means that the Lessor may, at its discretion, demand fulfilment of the entire obligation directly from the Lessee without being required to first pursue the obligation against the third party. The Lessee undertakes to fully indemnify and hold the Lessor harmless from all claims, proceedings or damage arising from the use of the Vehicle by the third party. The Lessee expressly waives any and all claims against the Lessor arising from the temporary rental of the Vehicle to a third party. Any compensation or payment between the Lessee and the Lessor relating to the consent or business arrangement shall constitute an independent business relationship and shall not affect the Lessee’s liability. This provision shall constitute a special and overriding clause and shall prevail over all other provisions of these General Terms and Conditions concerning matters of liability. The limitations of the Lessee’s liability shall not apply exclusively in cases of intent or gross negligence where such limitation is not legally permissible.

13. OTHER PROVISIONS (Mileage, Servicing, Insurance, Damage Events and Special Conditions)

Mileage

A reconciliation of any excess kilometres driven shall be issued by 5 January of each year for the preceding rental year, unless a different billing interval is agreed in the Annex.

The reconciliation must contain:

• (i) the odometer reading on the rental commencement date;
• (ii) the odometer reading on 31 December of the relevant year or on the date of termination of the rental; and
• (iii) the number of excess kilometres.

The payment deadline for the excess mileage reconciliation shall be ten (10) days from the date of invoice issuance. The number of kilometres driven during the rental period shall be determined based on the factory-installed and sealed odometer. For short-term rentals, the odometer reading shall be recorded upon return of the Vehicle, while for long-term rentals it shall be recorded annually. Accordingly, the Lessee must notify the Lessor of the odometer reading of the rented Vehicle no later than the last day of the calendar year. Notwithstanding the above, the Lessee must also immediately notify the Lessor when the warning devices in the Vehicle indicate that servicing is required after a specified number of kilometres, or if the mileage exceeds the contractually agreed monthly number of kilometres by more than 10 percent. Any intervention by the Lessee in the factory-installed odometer or dashboard of the Vehicle is prohibited. In the event of an odometer malfunction, the Lessee must immediately notify the nearest branch of the Lessor, which shall provide all necessary instructions.

Fuel

Fuel is not included in the rental price. The Vehicle shall be collected by the Lessee with an empty fuel tank and shall also be returned with an empty fuel tank, except in the case of short-term rental, where the Vehicle shall be collected with a full tank and returned with a full tank.

Maintenance and servicing

The Lessee undertakes to use the Vehicle for normal purposes throughout the rental period, maintain it and take care of it as a prudent owner would, in accordance with the relevant technical and other instructions, recommendations and good business practices, as well as in accordance with the provisions of the Agreement. Any conduct contrary to this provision shall constitute a breach of the Lessee’s contractual obligations. In the event of damage to or deterioration of the Vehicle due to failure to comply with this provision, the Lessee shall reimburse all resulting damage, as well as any loss of profit resulting from the inability to perform the core business activity with the individual Vehicle.

Breakdowns

In the event of a breakdown, the Lessee must immediately notify the nearest branch of the Lessor and act in accordance with the instructions provided. Breakdowns which are not repaired directly by the Lessor may only be repaired at authorised service centres for the relevant type and make of Vehicle. If the Lessee acts contrary to this provision, repairs the Vehicle “on its own initiative”, or a breakdown occurs due to incorrect use,
operation or driving of the Vehicle by the Lessee, the Lessee shall bear the costs of remedying or repairing the breakdown.

Insurance

Each rented Vehicle shall be insured in accordance with the applicable regulations of the Republic of Slovenia and the general terms and conditions of the insurer, as stated in the insurance policy for the individual Vehicle, the original of which is available for inspection at the Lessor’s premises, and in the scope agreed in the Agreement (including comprehensive insurance and deductible). Where necessary, the Vehicle may also be equipped with a GPS device, the use of which is intended both for monitoring the Vehicle and for the purposes of repossession where the customer fails to respond to requests for return or in the event of theft.

Regardless of the insurance taken out for the individual Vehicle, the Lessee shall be obliged to reimburse any damage to the Vehicle and/or its equipment in the following cases:

• where the Vehicle is not covered by comprehensive insurance, up to the amount of costs that would otherwise be covered by comprehensive insurance, or, where the Vehicle is comprehensively insured and a deductible is applied to the claim, the deductible shall be borne by the Lessee;
• damage to the interior of the Vehicle, tyres, wheels/rims, hubcaps, windscreen wipers and antenna, as well as damage to the undercarriage and other damage to the Vehicle and equipment not covered by the insurer;
• where the damage was caused while the driver was under the influence of alcohol, drugs, other narcotics or medication or other psychoactive substances whose use makes driving, operating or using motor vehicles inadvisable or prohibited;
• where the damage was caused intentionally or through negligence;
• where the driver did not hold a valid driving licence at the time the damage occurred;
• where the driver fled the scene of the accident, regardless of fault;
• where the damage occurred as a result of using the Vehicle contrary to Section 4 of these Rental Terms and Conditions;
• where the damage occurred in areas or countries excluded from Vehicle insurance (crisis areas, war and potential war zones, etc.) or outside the EU without the Lessor’s consent to use the Vehicle outside the EU;
• in other cases not covered by the insurer or exceeding the insurance coverage limit, irrespective of the Lessee’s fault;
• in the event of an unsuccessful claim or legal action against third parties, including all damage, costs and fees.

The Lessee shall also be liable to the Lessor for damage to the Vehicle caused by third parties during the period in which the Lessee bears the risks associated with the Vehicle or its use, particularly where the damage was caused by an unauthorised third party operating the Vehicle, i.e. a third party without the right to operate the rented Vehicle, whereby the above provisions shall apply accordingly. The Lessee shall also fully cover third-party claims asserted against the Lessor, as the owner of the Vehicle, for damage caused by the rented Vehicle which is not covered by the insurer. In the event of multiple major insurance claims during a single insurance period, the Lessee shall also bear the resulting malus applied to the subsequent motor vehicle insurance. The Vehicle shall remain appropriately insured throughout the validity of the Agreement. If the insurance compensation for a destroyed or lost Vehicle is insufficient to cover the entire loss suffered by the Lessor, the Lessee shall reimburse the difference between the total damage caused to the Vehicle and the insurance compensation paid to the Lessor by the insurer, within eight (8) days after the Lessor notifies the Lessee that the insurance payment has not covered the entire damage to the Vehicle. The total damage suffered by the Lessor shall be calculated by assessing the value of the Vehicle immediately prior to the occurrence of the damage, whereby the value of the Vehicle may not exceed its purchase price including applicable tax. The Lessee shall also reimburse the Lessor for interest on the estimated value of the Vehicle immediately prior to the occurrence of the damage, calculated for the entire period from the date of the damage event until settlement of the claim, at a rate equal to the 6- month EURIBOR applicable on the day preceding the damage calculation plus 3.5% interest.

14. REPLACEMENT VEHICLE

The Lessee shall be entitled to a replacement Vehicle without additional rental costs under the Agreement in the event of rectification of a defect in the Vehicle or during regular servicing of the rented Vehicle, but only if this has been expressly agreed in the Agreement.

The Lessee shall be entitled to a replacement Vehicle subject to payment of an additional rental fee in accordance with the provisions of the short-term rental Agreement in the following cases:

• in accordance with Sections 11 and 12 of the Agreement (extraordinary servicing, repairs due to excessive use, major servicing or installation of replacement parts earlier than envisaged or specified in the manufacturer’s technical documentation);
• limited use due to breakdown or damage, including total destruction or loss of the Vehicle and other damage events, if such costs are not covered by the insurer or by the manufacturer under the warranty period;
• if, after taking possession of the Vehicle, it can no longer be used for its originally intended purpose due to statutory regulations or measures imposed by authorities;
• for the period during which the Lessee is late in returning the Vehicle, regardless of the reason.

The Lessee shall not be entitled to a replacement Vehicle if the Lessee is personally responsible for the reason why the Vehicle is undergoing repair or servicing.

15. LESSEE’S OBLIGATIONS IN THE EVENT OF A DAMAGE EVENT

If the Vehicle is damaged, destroyed, seized or stolen, or if the Vehicle is involved in any accident that could result in legal proceedings between the Lessor and the Lessee or between the Lessor and third parties, the Lessee must immediately notify the Lessor. In the event of theft, an accident or another damage event, the Lessee must also immediately report the incident to the police.

The Lessee undertakes, in the event of any traffic or other accident or damage involving the rented Vehicle, to protect the interests of the Lessor and its insurer by:

• recording the names and addresses of all persons involved and witnesses to the accident, as well as the registration numbers of the vehicles involved;
• not leaving the damaged Vehicle until it has been secured or moved to a safe location;
• not admitting liability to third parties;
• immediately calling the police in every case, informing them of the accident, waiting for their arrival and for the preparation of the appropriate official accident report, and obtaining a copy of such report, while providing first aid to any injured persons;
• fully completing the European Accident Statement, preparing a sketch and providing a statement, which shall immediately be delivered to the Lessor.

In the event of a damage event, regardless of whether it concerns partial damage, total destruction or theft of the Vehicle, the Lessee must preserve all evidence relating to the event and obtain the documentation required for submitting a claim for compensation. Failure to fulfil the obligations under this Section shall make the Lessee liable to the Lessor for damages. In addition to actual damage and compensation, the Lessor may, at its discretion, also enforce early termination of the Agreement or Annex, with all consequences of early termination due to the Lessee’s fault as stipulated in the Agreement. In the event of a damage event, the Lessor shall have no obligations towards the Lessee (e.g. free transportation from the accident location, replacement of the Vehicle, replacement Vehicle or any other compensation), unless such costs are covered by insurance and in accordance with the Agreement or these Terms and Conditions.

16. PROPERTY OF THE LESSEE AND THIRD PARTIES

The Lessor shall not be liable for property belonging to the Lessee or another person which has been left in or on the rented Vehicle, in any replacement Vehicle or on the Lessor’s business premises. By signing the Agreement, the Lessee expressly waives any and all claims arising from such losses and related damage.

17. THEFT OR FIRE

The Lessee may not leave the Vehicle unlocked and must pay particular attention to any potential sources of fire. In the event of theft or fire, the Lessee shall act in the same manner as prescribed in the event of a damage event.

18. CRISIS AND WAR ZONES

The Lessor reserves the right to designate certain areas as crisis or war zones, meaning that the use of the rented Vehicle in such areas shall be prohibited. The Lessee undertakes not to drive or use the rented Vehicle in such areas.

19. COMPLIANCE WITH TRAFFIC REGULATIONS

The Lessee shall be responsible for and assume all obligations arising from non-compliance with traffic regulations, improper parking or any other violation of regulations in connection with the use of the Vehicle, as well as for all damage arising therefrom. Any fines, penalty notices and other penalties incurred or received by the Lessee during the period of use of the rented Vehicle shall be paid by the Lessee and charged directly to the Lessee. The Lessee’s liability shall continue after termination of the Agreement where the fines or damage arise from the period during which the Lessee was using the Vehicle.

20. FINAL PROVISIONS

In the event of any inconsistency between the provisions, the provisions of the Agreement or the Annex shall prevail over the provisions of these General Terms and Conditions. These General Rental Terms and Conditions of ACTINIA G.m.b.H. or ACTINIA d.o.o. shall enter into force on the date of signing of the Agreement and shall apply to the regulation of the mutual relations arising from the Lessor’s business activities and the rental of Vehicles to the Lessee.