Terms & conditions
1. PRELIMINARY PROVISIONS
“Lessor” –SIA Toprent, with its headquarters located at: Latvia, Dzirnieku iela, Mārupe, Mārupes novads, LV-2167
“Lessee” – natural or legal person which is hiring or in whose name the vehicle is hired. In the vehicle rental contract, referred to as “Lessee“and is held responsible for compliance with all points of these General Terms of lease and rental agreement.
“Contract” – an individual rental contract agreement which is signed at vehicle pickup at the start of the rental period and which authorizes the use of the vehicle, defines the vehicle pick up and drop off, coverage, equipment and services included in the price and the method of payment for the rental. The contract also contains information about the status of mileage, fuel level, damage and possible shortcomings of the rental vehicle and other rights and obligations of both parties who with their signature fully accept this contract The vehicle condition at the time of issuing and General terms of the rental are considered part of the rental contract.
“Driver / Additional driver” – a natural person listed in the rental agreement as a “user” who signs the Rental contract and takes over the vehicle and is also responsible for following all the provisions of the rental agreement.
“User” – lessee, driver, and additional driver hereinafter referred to in the General Terms and Conditions of the vehicle lease contract, as the – User.
“Vehicle”, the object of the contract, and whose information is contained in the contract.
2. TERMS OF LEASE
By signing the contract, the user confirms his/her taking over of the vehicle in the appropriate condition for the contracted service with all the pertaining equipment and all the accompanying documentation. Driver, who on behalf of the legal entity takes over the vehicle and signs the contract, states that he has the authority and guarantees his responsibility to the lessor, in solidarity with that legal person, and is responsible for the fulfilment of all obligations under this Agreement. By signing the contract, the user guarantees to the lessor to have fulfilled all the general terms and conditions of the minimum age required for obtaining the driving license, and to have in his/her possession all required documentation for operating a vehicle in accordance with valid regulations of the Latvia. He/she is required to provide the original of these documents to the lessor for their insight and the copy thereof shall remain in the possession of the TOPRENT, as an annex to this contract. The user is held responsible for traffic violations done during the contract term, even after the contracts end.
3. CONDITIONS OF PAYMENT
The user is required to have a pre-authorization performed on his credit card to the amount determined by the Lessor according to their assessment, depending on the class of vehicle, the lease, insurance etc. By signing the rental agreement, the customer authorizes the lessor to charge the necessary amount for daily rent per the agreed tariff, as well as any and all daily additions (purchased coverage, additional equipment, and services), as well as any other possible costs that are incurred, per the current price list. These charges are performed on the user’s credit or debit card on which the pre-authorization was carried out, or any other agreed upon means of payment. The lessor can charge the amounts to be paid by charging the users account during or even after the end of the lease when it discovers an obligation of the user, or the user can pay such costs in agreement with the lessor, which is the free choice of the lessor. If the user pays directly to the account of the lessor, he/she is obliged to do so within the specified period of time. In case of delay, the Customer is required to pay the lessor interests, as well as all other additional costs possibly incurred. No refunds (partial or full) will be given for rentals ended early, late collections, no shows or cancellations made after the rental start date.
4. OBLIGATIONS OF THE USER
By signing the agreement, the user states that he is familiar with all the obligations set out below, and accepts them:
- that the vehicle will be returned to the agreed upon place and within the agreed upon time, in the state that it was picked up in, with the equipment and the amount of fuel with which it was taken, or even before the agreed time, and at the request of the lessor;
- the prolongation of the agreed duration of the lease, as well as all other changes regarding the lease, must be requested from the lessor, in written form, at least prior to the expiry of the lease deadline; otherwise, the lessor is authorized to report the leased vehicle missing.
- the return day and time as selected by the customer at the time of booking will be enforced regardless of delayed pickup time. If the vehicle is returned outside the grace period, there will be a charge of an additional day or a late fee. Grace period: one hour.
- the vehicle will not be overloaded, used for training new drivers, transport or towing other vehicles or trailers, for providing services for a monetary benefit, for racing, endurance testing, speed testing, or for unlawful acts;
- the vehicle will only be used by the driver or additional drivers stated in the contract, for personal use only, in accordance with the intended use of the vehicle and that the vehicle will not be made available to unauthorized users and third parties;
to use the vehicle properly and treat it accordingly;
- that when leaving the vehicle, he will properly close all the windows and lock it while taking the keys and documents with himself
to only drive on public roads, without the influence of alcohol or drugs, observing all traffic laws and regulations;
- to take care of regular technical vehicle maintenance, meaning regularly checking the coolant level, oil level, other fluids, tire pressure, etc.
- if at any point the instrument panel signals the need for maintenance, or if the user himself concludes that the vehicle is in need of maintenance, he is required to notify the lessor of this and make the vehicle available for it. In the event of damage to the vehicle or vehicle damage caused by the failure to comply with these terms, the user is obliged to compensate all such damages and eventual loss of earnings, due to the lessors’ inability to perform such basic activities and maintenance, due to the user’s negligence.
- that the vehicle will not be used to transport more passengers or goods from the maximum permissible amount specified in the vehicle specifications, and not to make any modifications to the vehicle;
- that the vehicle will not be driven outside the Latvian borders unless previously announced, for which the lessor may charge an additional fee according to the price list. In the case of a violation of cross-border and territorial restrictions on the use of the vehicle, all coverage packages of the user, mentioned in section 8 of these terms shall cease to apply.
- that he will bear all costs related to the vehicle use such as, but not limited to, fuel, highway tolls, bridge tolls, parking fees, and tickets as well as traffic violations and others;
- On the basis of this contract, the user authorizes the lessor to charge him/her all traffic offenses, as well as parking tickets and other fines, with no prior notification, if they result from the violation of the laws and regulations of Latvia or any other country, and if they were committed during the lease period. These costs will be increased by the handling fees and will be charged to the debit or credit card given at the time of signing this rental contract.
- the user, a legal person may with prior written notification to, and consent form, the lessor, permit the usage of the rental vehicle to a worker who meets the stated requirements, and is in this case required to familiarize the driver with the terms and responsibilities of the contract, which in no way diminishes the responsibility of the legal person to follow these terms and conditions.
- no animals are transported in our vehicle unless contained. A valeting fee may be applied to rectify any soiling due to animal transportation
5. DAMAGE AND LOSS OF DOCUMENTATION
In the event of damage to the vehicle, missing equipment or tools, missing documentation, license plates or vehicle keys, the user is obliged to compensate for the costs. The user of the vehicle is responsible if there is damage to the engine, the mechanical parts of the vehicle (for example due to lack of oil, coolant or other fluids in the engine), as well as in cases of damage to the sump, clutch damage (so-called burned clutch), damage to the undercarriage of the vehicle, loss/damage of documents and keys of the vehicle, loss/damage of the license plates, damage to the vehicle interior, burned seats, pouring improper fuel or other failures caused by the negligence of the user or the additional driver of the vehicle (such as careless driving or driving off-road). In all these cases the user of vehicle reimburses the lessor with the full amount of the costs of the vehicle repair, plus the amount for the daily rent lost per the current price list, for the duration of the repair, but not more than 30 days, and any other damages, such as the cost of vehicle towing or the impaired value of the vehicle. The user or the person to whom the user has given the vehicle to, assumes the use of the vehicle according to the manufacturer’s instructions, as well as the use of diesel or unleaded fuel, according to the manufacturer’s instructions. Any and all damages resulting from non-compliance with these instructions are not covered by insurance and under the obligation of the user of vehicles.
6. THEFT, VEHICLE ACCIDENT AND OR MALFUNCTION
In the event of an accident, vehicle damage, theft, engine breakdown or other similar circumstances the user is required to:
- ensure the prevention of further damage to the rented vehicle until the takeover by the lessor
- record the names and addresses of witnesses and participants;
- Call the police and procure a record of the events, except in the case of motor breakdown;
- inform the nearest office of the lessor of the events.
- The user of the vehicle is obliged to report any damage done to the vehicle to the police, in the event that the user does not provide a police record, does not make a statement, and fails to provide an alcohol test, all costs of damages in connection with the damage or missing vehicle, will be borne by the vehicle user in the full amount, including lost profits in the amount of daily rent due to non-use of the vehicle for the duration of the repair, to a maximum of 30 days, regardless of the user’s guilt for the incident and whether the user has accepted and paid for additional insurance in the form of lowered excess (CDW +) or purchased total liability from the excess (SCDW).
7. COSTS REIMBURSED TO THE USER
The lessor shall reimburse to the user all costs for oil, lubricants, regular servicing, and minor repairs that occurred during the lease period, except the costs of washing the vehicle, after submitting all settled invoices. The invoice must be addressed to the lessor; SIA Toprent, Latvia, Dzirnieku iela 16, Mārupe, Mārupes novads, LV-2167. In order to be reimbursed for the abovementioned costs, the user must have received the agreement of an authorized representative of the lessor; otherwise, the reimbursement shall not be feasible.
8. PARTICIPATION (EXCESS) IN THE DAMAGE (FRANCHISE)
The risk and the amount of participation (excess) in the damage can be reduced by the acceptance of appropriate coverage, provided that the damage was not caused by violating the terms and regulations of this contract, or deliberate improper use of the vehicle. Reduced liability for damage or theft with participation in the damage (CDW / TP); by accepting this coverage you can reduce your liability for damage or theft, and the difference between the excess (franchise) and the full amount of damage. Coverage for passengers in the event of an accident (PAI); the driver and passengers are insured in case of death and disability to the extent decided by the insurance company in which all vehicles of the lessor are insured. Purchase of decreased participation in the damage (CDW +); by accepting and paying for this additional coverage, the user can limit his liability for damage to the vehicle. Purchase of total liability to the excess (SCDW); by accepting and paying for this additional coverage the user can further limit his overall responsibility for damage to the vehicle. SCDW does not cover: destruction/damage to the undercarriage of the vehicle, the vehicle interior (unless the interior is damaged in an accident) and any and all damages without a record. By signing the rental agreement, the user authorizes the lessor to charge the holder of the credit card, for all costs, failures or losses, up to the franchise or the full amount of damage if the user has not adhered to these general terms and conditions, even those that have been discovered after the vehicle has been returned and of which the user did not notify the lessor according to the procedure of the vehicle drop off. Insurance does not cover damages done in high-risk areas or in war zones, or in the event that the rental car is used outside the borders of Latvia, during transportation on the ferry and on the islands, without the written consent of the lessor. Any vehicles returned between 22:00 – 08:00 will not be inspected until later in the day (but within 24 hours), and the customer remains responsible for the condition of the vehicle until the vehicle is inspected. Any new damage will be noted and the customer will be informed of such within 24 hours.
9. THE COLLECTION AND PROCESSING OF PERSONAL DATA
The user provides personal information voluntarily. User personal information is required in the process of realization of the requested service. The lessor uses and processes personal data in accordance with the applicable regulations on the protection of personal data. Information on personal data processing as well as user rights can be found in the Personal Data Protection Statement available at www.toprent.com
10. OTHER PROVISIONS
The lessor is not liable for the damage suffered by the user due to the delay in the delivery of the vehicle, or for the damages that might be incurred by the user due to the malfunction of the vehicle during the rental period. The lessor has the right to terminate the rental contract and immediately take possession of the vehicle if the user fails to act in accordance with any provision of these terms and conditions or the rental agreement, or if the vehicle is damaged. The termination of the rental service under these provisions does not put in to question other rights of the lessor stated under these terms and the rental agreement. This contract is drawn up in two identical
11. FEES AND FINES
|The type of penalty/fee||An explanation of the penalty/fee||Price EUR with VAT|
|Administrative charges||Administration fee for road traffic offenses. The Lessor transfers the customer's data to the police and has the right to apply the administration fee.||50.00|
|Administrative fee in case of non-payment of road taxes. When the Lessor receives a notice of non-payment of the road charges at the time of the Rental Agreement, the Lessee is obligated to pay the tolls and administration fee.||50.00|
|Administrative fee in case of vehicle damage: The fee applies for every new damage on the rented vehicle during the rental period.||60.00|
|The penalty for driving under the influence of alcohol or psychotropic substances||The fine is applicable to Lessee if found driving under the influence of alcohol or psychotropic substances. In the event of an accident, when the driver is intoxicated with alcohol or psychotropic substances, the Lessee covers all damage to the Lessor and third parties and pays a fine.||1000.00|
|Vehicle cleaning charges||The fee applies when the rented vehicle requires a dry cleaning at the end of the rental period. Also, the fee applies in the case of a smoking vehicle. Smoking in rented vehicles is strictly prohibited. Violation of this rule applies to all cleaning fees. The Lessee is obligated to cover all the damage suffered by the Lessor as a result of smoking in the vehicle.||100.00|
|Used when returning a rented vehicle whose salon needs a full salon cleaning.||15.00|
|Used when returning a rented vehicle, which requires full external washing.||15.00|
|In case of extremely dirty interior or exterior where deep cleaning or additional cleaning necessary, cost is calculated based on extra cleaning expenses.|
|Vehicle collection fees||Returning a rented vehicle to a location not specified in the Rental Agreement is subject to a collection fee.||2.00 per 1 km from place of return|
|Border crossing charges||The fee is applied when crossing the border of the Republic of Latvia into Lithuania and Estonia.||25.00|
|Penalty for unauthorized border crossing||It is strictly forbidden to leave the territory of Latvia without a separate written permission of the Lessor. The penalty applies in the following cases:|
• The Lessee leaves the territory of Latvia with a rental vehicle without notifying the Lessor without prior notice and not including the Cross border service in the Rental Agreement.
• In case of an vehicle accident, when the Lessee used the rental vehicle outside the territory of Latvia without the permission of the Lessor, the vehicle accident is treated as non-insured and the Lessee is obligated to cover for all damage to the vehicle and thrid parties and pays a fine.
• When the Lessee purchased a Cross border service, but the vehicle was used in a territory other than specified in the Rental Agreement.
Rental vehicles are equipped with a GPS tracking system that allows Lessor to determine the location and movement of the vehicle. The Lessee confirms with his signature that he is informed and agrees that the vehicle's movement may be monitored.
|The penalty for lost/damaged documents/ vehicle keys||At the end of the rental, the vehicle must be returned with the vehicle's keys and documents (vehicle technical passport, technical inspection voucher and insurance policy). |
The Lessor has the right to apply the penalty for non-returned or damaged keys / vehicle documents:
• Lesee pays for each rental day when keys and documents are sent by mail until the keys and documents reach the Lessor. Shipments are paid by the Lessee.
• Failure to return the vehicle keys / documents within 7 calendar days is subject to penalty for lost vehicle documents or keys.
|250.00 fine for lost/damaged keys
250.00 fine for lost documents
Shipping costs + additional rental day (up to 30 calendar days)
|The penalty for failure to return rented equipment||Failure to return rented equipment or return of damaged equipment (child seats, navigation systems or other contracted equipment) is subject to a fine. This fine is also applicable for lost or damaged license plates.||250.00|
|Refueling fee||The vehicle is issued with a full fuel tank. When the Lessee returns the vehicle with missing fuel, refueling is calculated at a specified rate for every missing liter.||2.50 per litre|
|The penalty for misuse of fuel||The Lessee is responsible for using appropriate fuel in the rented vehicle as specified in the vehicle documentation. Failure to comply with this requirement results in the Lessee covering all expenses related to vehicle transportation, removal of improper fuel from the vehicle, repair of the vehicle and filling of the fuel, as well as all other related costs.||Vehicle transportation and repair costs, as well as fuel refill.
Administration fee applies in amount of 50.00
|Transportation after an accident or malfunction charges and fees||In the event of an accident or malfunction, when the vehicle can no longer be operated and the Lessee has not ordered a "Roadside Assistance" service, the Lessee covers all transportation costs, including the fuel cost of the rented vehicle. When changing a vehicle due to a malfunction or road accident, the Lessee has to return malfuncioned vehicle with the same amount of fuel as it was at the beginning of the rental. Otherwise fuel fueling fees will apply. Lessor has the right to refuse a replacement car after a malfunction or an accident if it occurred due to the fault of the Lessee. When the Lessee has ordered a service, the Lessee covers the transportation costs, but the Lessor compensates the costs incurred by the Lessee.||Transportation costs and fuel costs.
Administration fee applies in amount of 50.00
With my signature I certify that I have read, understood and agree with the above listed rules and other conditions for the application of fines and fees. I agree to take full liability for damages caused by a breach of the rules and / or conditions set out in this attachment. I agree that the Lessor may charge my bank vehicled for the amount of the fine/fee including cases where fine/fee exceeds the amount of Lessee’s personal responsibility.
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