TERMS OF SERVICE

Falco, obrt za usluge

Kralja Petra Krešimira IV, br.23, 21300 Makarska,
OIB: 04965809364

CONTRACT

about the use of the rented vehicle concluded between Falco, obrt za usluge, Kralja Petra Krešimira IV, br. 23 21300 Makarska OIB: 04965809364 (hereinafter referred to as Renter) and the driver (hereinafter refereed to as Client) whose data are listed on page 1 (one) of this Contract.

Article 1.

The Renter shall rent a vehicle to the Client in accordance with the terms and conditions of this Contract.

Article 2.

By signing the Contract, the Client states that he is familiar with all the obligations set out below, and accepts them:

1. 1.
   that the rented vehicle was taken in accordance with all applicable road traffic laws and regulations
2. 2.
   that a rented vehicle was sealed and correctly notated previously pre-existing damage or deficiency on the vehicle, if it had any
3. 3.
   That the vehicle will be returned at the agreed place, date and time of return specified in the Contract (1) front site and in the same condition the Renter provided it at the start of the lease period, together with it’s keys, equipment and documentation, or even before the agreed time at the request of the Renter.
4. 4.
   That the elongation of the agreed duration of the lease, as well as all other changes regarding the lease, must be requested and approved by the Renter, otherwise the Renter is authorized to report to the the authorities missing of the leased vehicle and is entitled to start proceedings in order to claim the immediate return of the vehicle. In such case, Client would lose its user protections and other contractual rights and compensation on any ground.
5. 5.
   That client will immediately stop driving if defect or breakdown occurs, the Client is required to notify the Renter or visit the nearest Renters office but without further risk to the vehicle. In the event of damage to the vehicle or vehicle damage which occurs due to improper treatment and/or operation (e.g. clutch burn, wrong fuel was filled, any other unauthorized interventions or modifications to the vehicle…), the Client shall, alongside the regular rental price, be required to pay the fees for authorized inspection, repair, parts and to compensate economic losses.
6. 6.
   That the rented vehicle will not be used for any unauthorized purpose, e.g. for the perpetration of customs offenses or other criminal offenses as well as for giving driving lessons, pushing or towing another vehicle or trailer, for offroading, racing, for carrying inflammable and/or dangerous substances and for driving on gravel roads or roads whose surface, size or state poses a risk to the vehicle
7. 7.
   smoking is strictly forbidden in all vehicles.
8. 8.
   That he/she would pay interior cleaning fee if returned with any contamination to the interior that has left a stains or having a bad odor.
9. 9.
   That the vehicle will only be used by the driver or additional driver stated in the Contract, for personal use only, in accordance with the intended use of the vehicle.

Article 3.

In the event of missing equipment or tools, missing documentation, license plates or vehicle keys, the Client is obliged to compensate the Renter with their monetary value at market rates increased for VAT (PDV) and for processing services of each particular invoice according to the valid Price List. The Client will also compensate any damage or economic loss by not complying to the obligations of this Contract.

Article 4.

Client is required to pay for all parking charges, duties, tolls, fines and penalties associated with the use of the vehicle ifthey result from the violations of laws and regulations of the Republic of Croatia and if they were commited during the lease period.

Article 5.

In the event of an accident, vehicle damage, theft, breakdown or other similar circumstances the user is required to:

1. 1.
   ensure the prevention of further damage to the rented vehicle and secure all the equipment and documentation
2. 2.
   before moving the vehicle the Client is required to inform the police and produce a written report without any delay
3. 3.
   on police request Client is obligated to do alcohol or any other breath or blood test.
4. 4.
   immediately and without any delay inform the Renter, before moving the vehicle

Client’s liability in case of damage:

1. 1.
   LIABILITY FOR THE DAMAGE: The Client is liable for repair costs for accident damage and upon the request of the Renter shall reimburse the Renter with the full amount of the costs of the vehicle repair
2. 2.
   PARTICIPATION (EXCESS) IN THE DAMAGE (FRANCHISE): The Client will pay the excess amount for the damage to the vehicle as defined on the first (1) page of this Contract. The liability excess covers one (1) accidental damage, if additional damages was occurred (2,3…). The Client is obliged to pay the full amount.
3. 3.
   COLLISION DAMAGE WAIVER (CDW): By paying the CDW insurance, whose daily rate is in the Price List, the Client’s responsibility for the damage, described under item a) of this article, will be reduced to the difference between the excess (franchise) and the full amount of damage.
4. 4.
   THEFT PROTECTION WAIVER (TP): In case of theft of the vehicle or if the Client has no possibility of returning the vehicle along with the keys and the associated documentation of the vehicle, the Client will have to pay to the Renter the full value of the rented vehicle, as well as the economic loss that the Renter will suffer due to the missing vehicle. The liability for the theft my be limited to the amount of excess by paying the TP insurance, whose daily rate is in the Price List, but only if relevant vehicle documentation and related ignition key is provided to the Renter.
5. 5.
   PERSONAL ACCIDENT INSURANCE (PAI): By paying daily additional passenger insurance (PAI) the driver and passengers are insured in case of death or disability to the extent decided by the insurance company in which the Renter’s vehicle is insured.
6. 6.
   SUPER COLLISION DAMAGE WAIVER (SDCW): repurchase of the franchise – by paying the SCDW insurance, whose daily rate is in the Price List, the Client can buy out his/her liability in car body damages.

Article 6.

CDW, SCDW ili TP do not cover damages done in high-risk areas or in war zones, or in the event that the rental vehicle is used outside the borders of the Republic of Croatia, without the written consent of the Renter or without the mandatory green card which is provided by the Renter. CDW, SCDW or TP does not diminish the financial liability of the Client if he/she did not complied with this Contractually prescribed procedure from Article 5. (p. 1, 2, 3 and 4) and other related conditions of this Contract. In that case all costs of damages in connection with the damage will be borne by the Client in full amount, regardless of Client’s guilt for the incident.

Article 7.

If the Client is responsible for an accident, vehicle damage, or other similar circumstances where damage caused to the vehicle is serious and a repair or part replacement is necessary, but article 5 (p. 1,2,3,4) was being respected, no replacement vehicle would be provided and the Client is obliged to compensate the Renter for economic loss for a period of unused vehicle according to the article 10 (paragraph 1). The Renter reserves the right to terminate the rental contract and the Client cannot be refunded for unused rental period.

Article 8.

The Client is responsible (regardless of the type of insurance paid – CDW,TP, SCDW), if due to the negligence or under the influence of alcohol, hallucinatory drugs, narcotics and other illegal substances, without or seized driver’s license or the number of passengers exceeds that mentioned in the vehicle’s registration certificate, there is damage to the engine, the mechanical parts of the vehicle (e.g. due to lack of oil, coolant or other fluids in the engine), as well as in cases of damage to the sump or clutch, tire, rim, glass surfaces, damage to the undercarriage of the vehicle, loss/damage of documents, vehicle key or license plates, damage to the vehicle interior, burned seat, pouring improper fuel or other failures caused by the negligence of the Client. In all these cases the Client reimburses the Renter with: 1. the full amount of the costs of the vehicle repair, 2. financial loss.

Article 9.

Loss of business opportunity is the economic loss in the vehicle’s value, rental value as a result of having been damaged or unavailable due to being repaired. Loss of business opportunity is calculated as:

1. 1.
   the difference between the total amount for the daily rent, starting from the date and hour of vehicle pick-up until the return of the vehicle to the Renter, but not more than 30 days of unavailability, not including the extra services that the Client used (such as child seat, GPS, extra driver and similar) or the type of insurance paid as they are considered additional charges to the basic price.
2. 2.
   the economic loss in the market vehicle’s value (e.g. the loss of manufacturer warranty due to an unauthorized repairs..) If the participation (excess) in the damage (franchise) has been charged to the Client before the repair of the vehicle, The Renter shall not charge the business loss for the 1st paragraph of this article.

Article 10.

With prior written consent the Renter shall reimburse to the user all costs for oil, lubricants, regular servicing, and minor repairs that occurred during the lease period, after submitting all settled invoices. The invoice must be addressed to Falco, obrt za usluge and shall be acknowledged by the Renter. If there are any unnecessary part replacements or modification to the vehicle made by the Client, the Renter is not obliged to pay the Client the price for that part replacement.

Article 11.

If during the hire period there is a breakdown, or real technical failure to the vehicle and the vehicle cannot be used anymore, the Renter will in reasonable time provide the Client with an alternative vehicle of an equivalent or higher category to the vehicle for the remainder of the hire period.

Article 12.

The Renter is not liable for the damage or losses suffered by the Client due to the delay in the delivery/pickup of the vehicle, or for the damages that might be incurred by the Client due to the malfunction of the vehicle during the rental period.

Article 13.

This contract is drawn up in two identical copies, of which one is given to the Client, and the other which is retained by the Renter.

Article 14.

Amendments to this contract may only be done in writing, with the consent of both parties.

Article 15.

In the event of a dispute under this Contract both parties agree to submit the issue in question to the jurisdiction of the court in Makarska, under Croatian law.