PRIVATE CONTRACT FOR CAR RENTALS
1. On the one hand, the company under the company name “ELIACARS PRIVATE COMPANY”, located in ELIA PEDIADOS, legally represented by Mr. SARIDAKIS MANOLIS, hereinafter referred to as the “LESSOR” for short and
2. on the other hand, the LESSEE whose name appears on the front page of this agreement, hereinafter referred to as the LESSEE for short, agree, covenant and mutually accept the following:
1: RENTAL OBJECT The Lessor hereby leases, delivers and grants the Lessee the use of cars, spare parts and equipment according to the terms, conditions and appended Annex which forms an integral part hereof. The above cars including all parts and equipment, which are also described in the attached Annex I hereof shall be referred to “the Car/s” for short.
2: DURATION The duration of this agreement commences on the date this contract is signed and appears on the front page hereof. At the end of this term and on the specific date that appears on the front page hereof, the Lessee shall deliver the Car to the Lessor. Minimum rental period is twenty-four (24) hours (1 day).
3: RENTAL CHARGES 1. The rental charges of every Car fully correspond to the rental value of the Car and are annotated on the front page of this agreement.
The entire rental charges are paid by the Lessee to the Lessor upon delivery of the car in cash or by credit card, if the Lessor has a particular credit card they use.
The rental charge includes all of the following - a) Insurance in case of death and personal injuries of the driver and passengers. b) Third Party property damage or body injuries, c) Personal Accident covering the driver and the passengers, d) Fire insurance, e) Theft Protection, f) Full maintenance and repair of the Car, provided that the car has been used in strict compliance with the terms and conditions hereof, g) tire replacement due to misuse of the Car that shall be borne in full by the Lessee. h) 24-hour-road rescue service pursuant to the terms and conditions of the agreement between the Lessor and the Roadside Assistance Company. Prompt replacement of the car with another vehicle available, regardless of class and engine capacity or with one of the same class and engine capacity, in case of breakdown or accident until it is repaired.
2. The above rental charge does not include any amount or expense that is not included in the front page hereof. The Lessee shall be fully liable for the following a) VAT at the current rate applicable, b) Fines due to violations of the Greek Traffic law or any other applicable provision or administrative sanctions, which shall be borne by the Lessee c) Fuel expenses including the fuel value and the charge for the service, fuel supply by the Lessor, as indicated in the official price list of the Lessor.
4. SECURITY DEPOSIT The Lessee shall pay the Lessor a security deposit for the proper performance of this contract, which is listed on the front page hereof. The amount of the security deposit is retained by the Lessor throughout the duration hereof, does not offset any outstanding rental charges and is refunded to the Lessee upon termination of this contract, provided that the Lessee has completed all their obligations arising from it.
5: COLLECTING - RETURNING THE CAR The car was delivered today to the Lessee in perfect condition, free of any real or other defects. The Lessee checked the Car carefully, had a test drive, found it to their liking and collected it unreservedly. The Lessee shall return the Car to the Lessor, along with the car registration and all the relevant documents in their original condition and at the place and time stated on the front page hereof. All car rentals shall be returned with the same amount of fuel in the tank as originally delivered. Any difference in the quantity of the fuel, calculated according to the fuel indicator on the dashboard, shall be paid by the Lessee upon returning of the car. Moreover, the Lessee must inform of any fine imposed due to violations of the Greek Traffic law or any other infringement, and shall be obliged to pay the relevant fines. The Lessee shall also assume full responsibility for any failure or of any charge imposed on the Lessor. In case of a delay in returning the car, the Lessee shall pay for the rental charges corresponding to the hours or days of delay.
In case of an accident or any other incident (fire, theft, loss etc.), it is mandatory that the Lessee follow the following procedure within 24 hours: a) Report the incident to the police; b) Write down names and addresses of any eyewitnesses or people involved in the above incidents; c) Do not admit liability; d) Contact immediately the Lessor by phone or any other means applicable; e) Collect any relevant information available by third parties and any relevant document or other piece of evidence (e.g. photos etc.) and send them to the Lessor; f) Fill out and sign a relevant report (accident report etc.).
8: INSURANCE COVERAGE
The provided insurance coverage applies only when the Car is used in full compliance with the terms and conditions hereof. In any other case, the Lessee and the authorized drivers shall be fully and exclusively liable for the repair of any possible damage and shall have no claim against the Lessor.
The Lessee and the authorized drivers shall be fully liable for and must restore any damage not covered by the relevant insurance policy, which has been carefully read and is attached as Annex II, forming an integral part hereof.
No insurance contract shall include, but shall not be limited to:
a) Damages at the bottom of the car caused by driving at curbsides or on unpaved roads or sites.
b) Any loss or damage of the luggage, which is not covered by insurance and for which the Lessor assumes no responsibility.
c) Any damages inside the Car.
The Lessor is entitled to receive any amount paid directly by the insurance companies pursuant to the relevant contracts, should any insurance risk arise. The Lessee shall not have and shall never acquire any claim or right to such payments, except in cases of injury or death.
Article 9: WAIVER OF LIABILITY
The Lessor’s liability is limited to gross negligence or willful misconduct. In any other case (including minor negligence, occurrence or force majeure) the Lessor shall not be held liable and no claim can be launched against them. Furthermore, the Lessor shall not be responsible for any loss of items transported in the car or abandoned in it after delivery.
The Lessor is entitled, in their sole discretion and upon a relevant written declaration to the Lessee, to delegate any third party, be it a natural or a legal person, who shall substitute them to all the rights and obligations hereof.
The Lessee is not entitled to delegate any of their rights or obligations, arising out of this contract.
ARTICLE 11: OWNERSHIP
The Lessor enjoys full ownership and possession of the Cars throughout the whole rental term. This contract is solely and exclusively a private rental agreement, where the Lessee acknowledges that they do not hold or acquire any rights other than those restrictively listed herein. The Lessee is prohibited from allotting, granting the use or constituting any rights on the Cars to third parties in any way. Under no circumstances may the Lessee be considered as a representative or agent of the Lessor.
Article 12: VIOLATION OF THE TERMS AND CONDITIONS OF THE CONTRACT
1. In any case that the Lessee or the authorized drivers violate or attempt to violate any of their obligations under this rental agreement, or in case the information or any other detail provided to the Lessor is not true, the Lessor shall be entitled, at his absolute discretion, to retain this contract, claiming full restitution of any loss or damage or terminate the rental. In case of termination of the contract, the Lessor shall be entitled to exercise all their ownership and possession rights.
2. The Lessee may unilaterally terminate this agreement prior to its defined expiry date, provided that they have fulfilled all the obligations defined herewith.
3. This agreement shall be automatically cancelled ipso jure if the Lessee is dissolved or placed under liquidation. This agreement shall also be automatically terminated ipso jure in case of bankruptcy, submission of request for bankruptcy or cease of payments by the Lessee, dispute of his solvency as indicatively in case of confiscation, mandatory auction, or compulsory administration of any of their assets.
Article 13: NON-WAIVER
If the contracting parties fail to exercise or delay exercising the rights arising from this agreement, this shall not constitute and cannot be considered a waiver of the above rights.
Article 14: JURISDICTION
Any dispute, controversy or claim arising out of or relating to the interpretation, application or fulfilment of this contract, including its existence, validity or termination, shall fall within the exclusive jurisdiction of the Courts of HERAKLION.
All of the terms of the present contract are considered essential. Violation of any of these shall lead to the consequences mentioned in Article 11. This is a complete and exclusive agreement between the parties herein and shall take precedence over any other written or oral agreement.
The headings of the articles have been written solely for the convenience of the parties and cannot be used for the interpretation hereof.
Article 15: AMENDMENTS
Any amendment, extension or renewal of the terms hereof shall be void unless drawn up in writing.
Article 16: NOTIFICATIONS - ANNOUNCEMENTS
Any notification or announcement regarding this contract shall be communicated to the addresses listed at the beginning hereof