General Terms and Conditions of the vehicle lease contract

I. COLLECTION AND PROCESSING OF PERSONAL DATA 

The user provides his/her personal data on a voluntary basis. The user’s personal data are necessary in the process of realization of the required service. These data will be used for further communication. 

FLARENT d.o.o. undertakes not to transfer abroad any personal data of the passenger or provide these to a third person, unless for the purpose of realizing the required service. 

The user gives approval for his/her data to be used within the purpose of marketing activities by the FLARENT d.o.o.. 

II. SUBJECT MATTER OF THE CONTRACT 

The vehicle lease contract shall be referred to hereinafter as the CONTRACT. The USER shall be the person who rents the vehicle from the Company FLARENT d.o.o. AGENCY. On the basis of the CONTRACT, the Company FLARENT d.o.o. AGENCY shall be the lessor, and shall be hereinafter referred to as the FLARENT d.o.o.. 

On the basis of the CONTRACT, FLARENT d.o.o. AGENCY., being the lessor, undertakes to handover the vehicle to the USER, the user being the lessee, under the terms and conditions provided by the CONTRACT and the USER undertakes to pay specific rent for the service. 

III. TERMS OF LEASE 

By signing the CONTRACT, the USER guarantees to the FLARENT d.o.o. to have fulfilled general terms and conditions of minimum age required for obtaining the driving licence, and to have in his/her possession all required documentation for operating a vehicle in accordance with valid regulations of the Republic of Croatia. He/she is required to provide the original of these documents to the FLARENT d.o.o. for their insight and the copy thereof shall remain in the possession of the FLARENT d.o.o., as an annex to this CONTRACT. 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. 

IV. TERMS OF PAYMENT 

At request of the FLARENT d.o.o., the USER undertakes to pay the amount for the daily lease in accordance with the contracted tariff, daily supplements (various insurances, additional equipment and services), as well as additional costs which are calculated in accordance with the Price List. If the USER settles his/her obligations by means of a credit card, in accordance with this CONTRACT, the USER authorises the FLARENT d.o.o. to charge the costs of the lease directly to the card issuer by means of a slip form of the credit card. If the USER settles his/her obligations by means of direct payment to the account of the FLARENT d.o.o., he/she is obliged to do so within the agreed deadline for the settlement of the invoice. In case of a delay in the payment, the USER undertakes to pay the penalty interest, as well as all incurred additional costs. 

V. OBLIGATIONS OF THE USER 

By signing the CONTRACT, the USER declares that he/she is familiar with all undermentioned obligations and that he/she accepts that: 

1. following the completion of the lease service, the leased vehicle must be returned to the site and within the deadline agreed in the CONTRACT or earlier at request of the FLARENT d.o.o.. 

2. the prolongation of the agreed duration of the lease, as well as all other changes regarding the lease, must be requested from the FLARENT d.o.o., in written form, at least prior to the expiry of the lease deadline; otherwise the FLARENT d.o.o. is authorised to report the leased vehicle missing. 

3. the leased vehicle must not be used for training new drivers, transporting or towing other vehicles or trailers, participating in vehicle and sports exhibitions, perpetrating any kind of criminal offence or violation prescribed by valid regulations of the Republic of Croatia. 

4. the leased vehicle must be used for personal purposes only, in accordance with the CONTRACT and the purpose of the item, that is to say, the leased vehicle, and that he/she solely can operate the vehicle, as well as the person stated in the CONRACT as the additional driver or the person holding a written approval of the FLARENT d.o.o. for the operation of the vehicle. 

5. he/she must treat the leased vehicle with due care of a host/keeper and, in particular, that the leased vehicle, whenever vacated, must be properly locked and windows must be closed. 

6. the leased vehicle must not be driven outside borders of the Republic of Croatia without prior agreement by the FLARENT d.o.o.. 

On the basis of the CONTRACT, the USER authorises the FLARENT d.o.o. to charge him/her all traffic offences, as well as parking tickets and other fines, with no prior notification, if they result from the violation of valid regulations of the Republic of Croatia, and if they were committed during the lease period. These costs should be increased by the handling fees and should be charged to the debit or credit card given at the front page of this lease contract. 

VI. DAMAGE AND LOSS OF DOCUMENTATION 

If, due to the lack of attention of the USER or the additional driver, an engine or powertrain damage of the leased vehicle should occur, as a result of the lack of engine oil, manual transmission fluid or differential fluid, cooling oil, as well as of the damage to the trunk case, clutch or any kind of damage to the chassis, or damage or theft of the tyres, wheels or wheel covers or other typical malfunctions caused by the lack of attention or negligence of the USER or the additional driver, the USER must reimburse the FLARENT d.o.o. on a cumulative basis: 

1. the entire amount for the repair of the vehicle 
2. the amount of lost profit due to the vehicle not being used due to the repair; 
3. the fee for the daily lease according to the valid Price List; 

The USER must reimburse the cost under the item number 2 and 3 for each day that the vehicle is not used due to the repair, but not more than 30 days. The cost of reporting and re-issuing all lost accompanying documentation for the leased vehicle is charged according to the valid Price List. The USER is liable for all damages incurred due to the failure to abide by the provisions of this CONTRACT. 

VII. THEFT, CAR ACCIDENT, MALFUNCTION OF THE LEASED VEHICLE 

In case of a car accident, the USER undertakes to: 

1. ensure the prevention of decay of the leased vehicle or of the occurrence of even more severe damage until the takeover by the FLARENT d.o.o. and must keep all evidence until the arrival of a police officer at the scene 
2. call the officers of the Police District and ask for the protocol of the accident 
3. inform and provide statement to the closest branch office of the FLARENT d.o.o. on the occurred situation 

In case of a theft of the leased vehicle, the USER undertakes to: call the officers of the Police District and ask for the protocol of the theft, also to inform and provide statement to the closest branch office of the FLARENT d.o.o. on the occurred situation. 

If, due to the lack of attention of the USER or the additional driver, a theft of the leased vehicle should occur during the lease period, the USER must reimburse the FLARENT d.o.o. the value of the leased vehicle less the value of depreciation. 

The USER shall reimburse the FLARENT d.o.o., along with the value of the leased vehicle less the value of depreciation, the vehicle being the subject matter of the lease, the lost profit that the FLARENT d.o.o. must suffer due to the lack of the vehicle. 

The same is applicable to the case where the USER, due to different reasons, is not able to return the leased vehicle by the end of the lease period. This liability can be limited up to the amount of participation in the damage (franchise) by accepting daily theft insurance according to the valid Price List. All costs of the damage incurred during the car accident, for which no protocol has been done or the statement has been taken, shall be entirely borne by the USER, regardless of the fact that the USER has accepted and paid the daily all-risk or TP insurance, and regardless of the guilt of the USER for the accident. 

If a powertrain failure of the leased vehicle should occur, the USER undertakes to: ensure the prevention of decay of the leased vehicle or of the occurrence of even more severe damage until the takeover by the FLARENT d.o.o. and to inform and provide statement to the closest branch office of the FLARENT d.o.o. on the occurred situation. 

If the USER fails to act in accordance with these provisions, he/she must pay to the FLARENT d.o.o., at their request, the full amount of the repair of the leased vehicle that resulted from an event that occurred during the lease period of the CONTRACT, as well as other losses incurred to the FLARENT d.o.o. due to the damage, including the lost daily amount of the lease due to the non-usage of the vehicle due to the repair, up to the maximum of 30 days. The USER shall only pay the participation in the damage (franchise) stated in the Price List, in case of any kind of damage and/or loss of any kind of mechanical part of the leased vehicle, if the amount of the damage and/or loss is lower than the pertaining participation in the damage (franchise). 

VIII. COSTS REIMBURSED TO THE USER 

FLARENT d.o.o. shall reimburse to the USER all costs for the 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 FLARENT d.o.o. and shall be acknowledged by the FLARENT d.o.o. if paid by cash to the legal entity. If the USER has changed an assembly, a part or a device of the vehicle, the FLARENT d.o.o. shall not reimburse the USER for the value of that part, assembly or device. In order to be reimbursed for the abovementioned costs, the USER must provide the agreement of an authorised representative of the FLARENT d.o.o.; otherwise the reimbursement shall not be feasible. 

IX. PARTICIPATION IN THE DAMAGE (FRANCHISE) 

The participation in the damage (franchise) can be bought out by paying an additional amount for the buyout of the franchise in accordance with the valid Price List (CDW +). 

The basic insurance CDW and TP insurance do not cover damages and losses that may occur on the risk territories and/or in war zones, or the case in which the leased vehicle is used outside borders of the Republic of Croatia without written consent of the FLARENT d.o.o.. By paying the daily passenger additional insurance (PAI), the driver and the passengers are insured for the cases of death and disability up to the amount prescribed by the insurance company at which all FLARENT d.o.o. vehicles are insured. By accepting CDW, TP and CDW+ insurances, the substantive liability of the USER for the damage incurred by not abiding by the items VI and VII of the General Terms and Conditions of the CONTRACT is not diminished. The insurance does not cover the liability of the USER or the additional driver for the damage incurred to the leased vehicle and to the property of other legal and physical entities, or the damage incurred to those persons, done purposefully, under the influence of alcohol or drugs, by driving without an appropriate driving licence or during the prohibition of driving (confiscated driving licence), as well as in cases in which the number of persons in the vehicle exceeded the number of registered seats and in other circumstances prescribed by the rules of insurance, submitted to the USER for check. The insurance does not cover the following risks: destruction/damage of the car tyre, wheel or wheel cover, and destruction/damage of the chassis, this can be redeemed by payment of premium WUG at the existing price. The insurance does not cover damages caused by war operations or riots. 

X. REMAINING PROVISIONS 

FLARENT d.o.o. 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 to the USER or the driver due to the malfunction of the vehicle during the lease period. 

Only the amendments done in written form are legally valid. 

The possible nullity or impeachability of specific provisions of this CONTRACT cannot result in the nullity or impeachability of the entire CONTRACT. The same is applicable for the gaps that might appear in the implementation or interpretation of the CONTRACT. Invalid or impeached provisions, as well as all the gaps in the CONTRACT shall be replaced by the provisions of valid regulations of the Republic of Croatia, which are the closest to the sense and the purpose that the contracting parties intended when stipulating the contract, but principally the provisions of the Civil Obligations Act. 

The USER must not sublease the leased vehicle. The USER must not carry out any kind of modifications on the leased vehicle during the lease period, except for those stipulated in under the item VIII of the General Terms and Conditions. 

In case of a dispute, the parties shall consider the court at the location of the head office of the FLARENT d.o.o. to be the competent court.