1. AGREEMENT
This agreement is drafted between Eurowheels Car Rental (Eurowheels IKE), which shall be called hereto forth and for reasons of brevity THE RENTOR, that is legally represented for the signing of the present document by its employees and, on the other hand, THE RENTEE, whose name is inscribed on the front page of the present document, and is subject both to the following terms and provisions and to those which are inscribed on the front page of the front document. By the present document the Rentor rents, rentals, delivers and cedes to the Rentee in accordance with the terms and provisions of the present document, the possession and use of the Automobile, its accessories and equipment, which are described on the front page of this document. The said Automobile, including any Automobile, accessories and equipment will hereto forth be called for reasons of brevity the Automobile.
2. DURATION.
This document becomes valid immediately upon the signature date of this document and the delivery of the Automobile, which is inscribed on the front page of this document. The minimum duration is twenty-four hours (one day).
3. RENTAL / RENTAL - ADDITIONAL MILEAGE CHARGES.
3.1 The Automobile rental is inscribed on the front page of this document. The rental corresponds fully to the rental value of the Automobile, while the Rentee acknowledges and waves any right to dispute this. The rental remains constant for the entire duration of the present document and will not be adjusted except in the case of amendment, in accordance with the decision of the competent authorities, of any of the data, which is included in the rental in accordance with the following paragraph 3.2 and are inscribed on the front page of this document (indicatively insurance premiums, administrative fees etc). In this case the rental due must be adjusted accordingly. The rental in its entirety is payable in advance and in cash or by credit card to the Rentor by the Rentee prior to the delivery of the Automobile to the Rentee. Prental note that only credit cards which the Rentor has an agreement with will be accepted. Payment of the rental is evidenced by this document, which takes the place of a receipt for services rendered and precluding any other evidence, including oath. For any additional charges it will be the responsibility of the Rentor during the courses of the delivery of the Automobile to the Rentee, to issue the relevant receipt. 3.2 The rental includes all the following data. (a) The minimum mileage charge, being 100 kilometres per day. (b) Insurance for death and injury to third parties, excluding the driver and passengers, (c) insurance for material damages to third parties. (d) Full maintenance and repair of the Automobile under the condition that it is used in strict accordance with the terms and provisions of this document. (e) Replacement of tyres due to normal wear and tear stemming by the regular use of the Automobile. It is explicitly agreed upon that wear and tear to tyres due to misuse on the part of the Rentee, is solely the responsibility of the Rentee. (f) Classification charges and administrative dues. (g) Provision of 24-hour motor assistance in accordance with the terms and provisions included in the standing motor assistance contract between the Rentor and the motor assistance company. (h) Immediate replacement of the Automobile with another, regardless of class or horse-power, in the case of damage or accident, until the initial vehicle is repaired or until the rental ends whichever comes first. In case of total damage or theft of the Automobile, a replacement will be provided within two days, provided the relevant clauses (CDW, TW, etc) have been agreed upon at the time of signing the rental. The rental of the new Automobile is subject to the terms of this document. Any additional charges must be agreed upon by the Rentor and Rentee in accordance with the Rentor price list valid at the time. This includes any additional insurance coverage as specified in article 8 of this document. The Rentor reserves the right to refuse or terminate access to an Automobile to anyone for any reason at our discretion to the full extent permitted under applicable law. 3.3 The rental does not include any sum or expense that is not explicitly included in the relevant position on the front page of this document, and it is entirely the responsibility of the Rentee. Indicatively and not restrictively, the rental does not include the following (a) VAT at the lawful percentage at the time. (b) Fuel expenses (c) Fine(s) from traffic or other provision violations and administrative charges. (d) Additional mileage used beyond the number included in the rental the number included in the rental and inscribed on the front page of this document.(e)Relevant dues and taxes of any kind which may be imposed. 3.4 For any additional mileage beyond the total number included in the rental, the Rentee is required to pay to the Rentor the sum inscribed in the sum inscribed in the Rentor’s Price list at the time. The final total estimate of the additional mileage will be calculated at the termination of the validity of the rental and return of the Automobile to the Rentor, in which case the entire sum will be payable by the Rentee.
4. SECURITY DEPOSIT.
The Rentee has paid to the Rentor, for the correct implementation of this agreement, the sum which is inscribed on the front page of this document. The sum remains with the Rentor for the entire duration of the rental and does not apply towards any rentals due. Any refund due to the Rentee will be made without interest upon the expiration of the rental and provided that the Rentee has fulfilled all obligations stemming from the rental. In the case where the rental is terminated through the fault of the Rentee, the Rentor has the right to request for the full restitution of any other damage the Rentor may have suffered.
5. DELIVERY-RETURN OF THE AUTOMOBILE.
The Automobile was delivered to the Rentee today in the condition described on the front page (Condition Out). The Rentee inspected the Automobile carefully, performed a test drive and found it to his complete satisfaction, and received it with no reservation. The signing of this document constitutes a delivery of the Automobile receipt. Upon the expiration of this document, the Rentee is required to return to the Rentor the Automobile, along with the registration permit and all other relevant documents in the same condition that he received them, at the time and place inscribed on the front page of this document. The Rentee is required to announce to the Rentor upon return of the Automobile any fines he may have incurred due to traffic violation or any administrative charges which he is obligated to pay immediately. In any case of omission on the part of the Rentee, he is responsible for any charge burdening the Rentor. In the case where the Rentee delays to return the Automobile, the Rentee is required to pay to the Rentor the value corresponding to the hours or days of delay, in accordance with the Rentor's price list valid at the time, as well as to fully compensate the Rentor for any passive or active damage.
6. TERMS OF USE.
6.1 The Automobile is permitted to be used exclusively and only in accordance with the terms and provisions of this document and only by the Rentee and/or the authorised drivers, the identification information of which is inscribed on this document. 6.2 The Rentee and authorised drivers are required to pay attention to the Automobile, meticulously inspect its mechanical condition, oil and water levels, the tyres etc, as well as to show every care and take every necessary measure for the regular and smooth operation of the Automobile. Any repair and in general intervention on the Automobile by the Rentee, authorised drivers or any third party is strictly prohibited without prior approval in writing by the Rentor. 6.3 The automobile cannot be used (a) By individuals under the age of 23 for all categories and under the age of 25 for vehicle categories N, C, D, F, G, S, L, J and K (as the Rentors Price List). By any person who while possessing a driver’s licence had it revoked during the past 12 months. (b) By any person who does not possess a valid driver’s licence or has obtained one in the last twelve months. (c) To transport persons or objects for a fee. (d) To tow automobiles or other objects. (e) To sublet to third parties. (f) By any third party excluding the Rentee and authorised drivers inscribed on the front page of this document. (g) To transport or move heavy luggage or objects, flammable materials, dirty or malodorous objects, the possession and transport of which is prohibited by the provisions in force, or which may cause any danger to the safety of the Automobile, its passengers or third parties. (h) Outside of Greece without the prior written approval of the Rentor. It is also prohibited to load the Automobile upon a ship without the prior written approval of the Rentor. (i) It is strictly prohibited to drive the Automobile under the influence of alcohol, hallucinogenics drugs, barbituates or any other substance which may affect the ability of the driver to operate safely or if he is in a state of reduced ability to drive anything. (j) In violation of any traffic, customs or any other provision in force. (k) For any unlawful purpose or criminal activity. (l) To teach driving to third parties. (m) In violation of any provision of the present document.
7. ACCIDENTS.
In the case of an accident or any other incident (fire, theft, loss etc) the Rentee and /or the authorized driver is required to follow these procedures within 24 hours. a) Alert the police. (b) Note the full name and address of any witnesses along with any person involved in the incident. (c) Not recognise any claims made by third parties. (d) Communicate with the Rentor immediately by any means. (e) Collect any relevant information from any third party and any relevant document or data (e.g. photographs) and send to the Rentor. (f) Complete and sign any relevant statement.
8. INSURANCE COVERAGE.
The insurance coverage provided is valid under the condition that the Automobile is used in complete accordance with the terms and provisions of this document along with the relevant insurance policies. In any event to the contrary, The Rentee and authorised drivers are fully, jointly and completely responsible for the full restitution of any damages that have occurred and have no claim whatsoever against towards the Rentor. The Rentee and authorised drivers are also fully responsible to fully compensate any damage that is not covered by the relevant insurance policies, which were received and inspected thoroughly upon the delivery of the Automobile. More specifically: (a) In the case of material damages during the course of the rental, the Rentee is required to pay to the Rentor regardless of party at fault, the total of damages and/or expenses that have arisen. This includes any expenses incurred for the repossession and storage of the Automobile, as well as compensation for the inability of its use unless the Rentee has signed acceptance of C.D.W. on the front page of this document. The Rentee and the authorised drivers are also required to pay Rentor, regardless of C.D.W. acceptance, a deductible amount of 500,00 EURO. The deductible can be waived only if F.D.W. coverage is purchased by signing on the front page.(b) In the event of total theft of the Automobile during the course of the rental, the Rentee and the authorised drivers are required to pay the Rentor regardless of party at fault, the full value of the Automobile based on the retail price offered by the official dealership of the manufacturer in Greece including license plate costs and other expenses which may arise, as well as compensation for inability of its use unless the Rentee has signed acceptance of Theft Waiver upon commencement of the rental on the front page of this document. (c) The Rentee, authorised drivers and passengers of the Automobile are not covered by personal insurance unless the Rentee has signed acceptance of Personal Accident insurance upon commencement of the rental on the front page of this document up to 14.673,51 EURO. (d) Indicatively and not restrictively, the insurance coverage provided, including the above clauses, does not cover (i) Damages to the underside of the Automobile whilst being driven on the edge of the road (gutter) or on unsealed roads, the repair of which is the full, joint the complete responsibility of the Rentee and the authorised drivers, (ii) Any damage or loss of luggage of which is not covered by insurance and for which the Rentor has absolutely no responsibility. (iii) Damages and tear to the interior of the Automobile. The Rentor has the right to collect directly any sums which are paid by the insurance companies by force of the present provisions in the case any of the insured events should occur. The Rentee and the Authorised drivers do not have, and will not acquire any right or claim on the said sums. All vehicles are covered by Third Party Liability insurance up to the amount of 1.200.000,00 EURO for material damages and the amount of 1.200.000,00 EURO for bodily industries The Rentee and authorised drivers are fully responsible for any and all material damages and/or bodily injuries valued beyond the above mentioned coverage amounts. Insurance coverage CDW, FDW are invalid should the driver uses the car in an unsafe negligent way not in compliance to the Traffic Laws and regulations. Any damage on the tyres, wheels, rims as well as the underneath of the Automobile is not covered by the CDW or FDW insurance.
9. EXEPTION FROM RESPONSIBILITY.
The Rentor is only responsible in case of malice or gross negligence. In all other cases (including slight negligence, accident or force majeure) the Rentor has absolutely no responsibility and no claim can be made against him. Also the Rentor has absolutely no responsibility for the loss of objects transported by the Automobile or abandoned in it after its return.
10. SUBSTITUTION RIGHT.
The Rentor has the right in his own judgement and by a relevant written statement to the Rentee to indicate any third physical or legal entity which will substitute for him in part or in whole with respect to the rights and obligations stemming from this agreement. The Rentee does not have the right to cede any of his rights or responsibilities stemming from this agreement.
11. OWNERSHIP.
The full ownership and possession of the Automobile belongs to the Rentor for the entire duration of the rental. This document is strictly and solely a Rental Agreement and the Rentee recognises that he does not have and will not acquire any rights other than those mentioned restrictively on this document. The Rentee is prohibited from availing in any way, ceding the use or transfer of any rights on the Automobile to any third parties. The Rentee is not and can in no way be considered a representative of the Rentor.
12. VIOLATION OF THE TERMS OF THE RENTAL.
12.1 Both the Rentee and authorised drivers of the Automobile are fully, jointly and completely responsible for the full and faithful upholding of all terms and provisions of this document.
12.2 In any case in which the Rentee or authorised drivers violate or attempt to violate any of their obligations stemming from this document, or in the case where the information and any other data they provide the Rentor is inaccurate, the Rentor, has the right to either insist on this matter contract or give notice of termination of this leasing Agreement demanding in any event, the full restitution of any passive or active damages and payment of any outstanding fees. In the case where notice of termination is given, all dues of the Rentee stemming from this document are rendered automatically and de jure payable and can be claimed. 12.3 In the case where the Rentee unilaterally gives notice of termination of this Leasing Agreement prior to its expiration, he is required to have fulfilled all his obligations stemming from this document, particularly those mentioned in the previous article. Any fees paid for the remaining duration of the rental remain with the Rentor by force of a fair and reasonable clause. 12.4 This Agreement is terminated automatically and de jure in the event that the Rentee, if he is a physical entity, passes away or is placed under legal or judicial restraint, or, if it is a legal entity, it is dismantled or placed under liquidation. This document is terminated automatically and de jure in the case of bankruptcy, application for bankruptcy or the arrest of payments on behalf of the Rentee, any doubts with regards to its solvency as for example, in the case of seizure, auction, compulsory administration of any of his assets.
13. NON-WAIVING.
The failure to exercise or the delay in exercising his rights on the part of the Rentor by force of this document does not constitute and can in no way be taken to constitute as waiving these rights.
14. JURISDICTION.
Any differences stemming from the present document including differences regarding its interpretation, force or execution is exclusively the province of the Lefkada Courts.
15. GENERAL PROVISIONS.
15.1 All the terms of the present document are considered capital. A breach of any one of them brings about the consequences described in the above article 12. This document, as well as the any relevant special rental terms, constitute the full and exclusive agreement between the relevant contracting parties and supersede any contrary agreement written or verbal. The headings of the article have been included solely for the convenience of the contracting parties and cannot be used to interpret this document. 15.2 Since in the present document the contractors are more than one Rentees of the Automobile, they are responsible to the Rentor as a whole with regards to the obligations responsibilities stemming from this document. The default, the reminder and the violation of one of the Rentees as well as any court decision against any of them or any judicial or extrajudicial statement of the Rentor to one of them or his appointed attorney with special authority applies de jure to the others as well.
16. AMENDMENTS.
Any amendment of the terms of this document is invalid unless drafted in writing.
17. NOTIFICATIONS - ANNOUNCEMENTS.
Any notification or announcement with regard to this document, whether addressed to the Rentee or the Rentor will be communicated to the address inscribed on the front page.