ARTICLE 1. DEFINITIONS AND INTERPRETATION
Contract is this contract signed between the Parties.
The First Page is the first page in this Contract describing the main details of the rental agreement.
TPL (Third Party Liability) is the compulsory insurance for vehicles in the Republic of Albania which includes bodily or material damages to third parties.
Kasko is the insurance of the vehicle which covers up to 90% of the damage, agreed by the Owner, for damages including collision, overturning, breaking windows, fire, lightning, explosion, natural disasters and damage to the parking lot (for damages greater than € 100).
Working Hours are the hours from 08:00 to 20:00, during which the Owner carries out his activity.
The TCP (Total Coverage Plan) is a non-binding package offered by the Owner that covers the value of the damages foreseen in Kasko insurance and that are the liability of the insured party.
The RAP (Road Assistance Protection) is a non-binding package provided by the Owner covering Incidents.
Incident includes any damage to the vehicle that is not included in the damages provided for in Kasko insurance or the cases provided in Paragraph 5.2, Article 5.
Words in the singular include those in the plural and vice versa.
The titles of each Article, Paragraph and Appendix are for guidance purposes only.
ARTICLE 2. OBJECT OF THE CONTRACT
The object of this Contract is to rent the vehicle described on the First Page.
ARTICLE 3. DURATION OF THE RENT
3.1 The rental agreement is valid for the time period stated on the First Page.
3.2 In case both parties agree to renew the rental agreement, the payment must be made at the beginning of the rental agreement renewal and this period may not exceed the maximum period in the Owner’s Terms and Conditions.
3.3 The Owner has the right to assume immediate possession of the rented vehicle if the Renter does not pay. In this case the unpaid value and any costs incurred as a result are the responsibility of the Renter.
ARTICLE 4. PRELIMINARY CONDITIONS OF THE CONTRACT
4.1 The Renter must have a valid driving license before and during the rental agreement.
4.2 The Renter certifies that he has more than 2 years of driving experience.
ARTICLE 5. RENTAL PAYMENTS
5.1 The Renter must pay the total value of the rental agreement at the beginning of the Contract as well as a deposit which varies from € 200 to € 400 depending on the vehicle. The deposit is used to cover expenses in case of an Incident. The Renter retrieves the deposit if no Incident has been committed.
5.2 In addition to the above, the Renter must make a payment if:
There is a shortage of fuel at the time of the return of the vehicle or the lack of fuel constitutes a reason for the vehicle to not be able to move during the rental agreement;
Has damage to the vehicle as a result of the Renter’s negligence in the cases provided in Article 9;
There are costs incurred as a result of non-payment and breach of the terms of the Contract;
There are administrative measures against the vehicle during the rental agreement period;
There are tolls on roads;
The vehicle key is lost or the vehicle is locked and special assistance is required to unlock it;
The vehicle requires dedicated cleaning;
Requires a service outside the Working Hours. This service will be charged €20 extra.
ARTICLE 6. OBLIGATIONS OF THE RENTER
6.1 The Renter must return the vehicle to the Owner in the same condition in which it was received, in accordance with the description given in this Contract and the attached photographic evidence.
6.2 The Renter may not subrental agreement the vehicle.
6.3 The Renter is the only authorized person who can drive the rental agreement vehicle. However, the Renter may add up to another person authorized to drive the vehicle against payment.
6.4 The Renter has the right to use the vehicle during the rental agreement according to the mileage limits set out below:
When the duration of the rental agreement is up to 6 days, the daily limit is 250 km;
When the duration of the rental agreement is up to 15 days, the daily limit is 200 km;
When the duration of the rental agreement is up to 30 days, the daily limit is 150 km;
When the duration of the rental agreement is up to 60 days, the daily limit shall be set by agreement between the Parties.
6.5 For each kilometer that exceeds the above limits the Renter pays an amount of 0.20 €.
ARTICLE 7. VEHICLE RETURN
7.1 The Renter must return the vehicle at the time and address stated on the First Page.
7.2 The Owner has the right to terminate the Contract and assume immediate possession of the vehicle in case of violation of the terms of the Contract, damage to the vehicle and non-payment of the price by the Renter.
7.3 Termination of the Contract by the authority of this Article shall be performed without prejudice to the other rights of the Owner and the Renter, cited in this Contract.
ARTICLE 8. OBLIGATIONS OF THE OWNER
8.1 The Owner assures that the vehicle is in accordance with the technical road conditions in the Republic of Albania and that the vehicle is in good condition of use at the time of delivery to the Renter.
8.2 The Owner is exempt from any other costs that are the obligation of the Renter under Article 5.
ARTICLE 9. MECHANICAL PROBLEMS AND DAMAGES OF THE VEHICLE
9.1 In case the vehicle is damaged or has a defect, the Renter is obliged to notify the Owner and inform him of any circumstances.
The resolution of the situation remains in the authority of the Owner, unless the reparation of the vehicle is necessary in order to avoid further damage or defects.
9.2 The Renter should not neglect the signals in the vehicle which announce that its state is endangered. In this case he notifies the Owner of the signal displayed. If the Owner is notified and the vehicle suffers a defect, the Renter is liable under Paragraph 9.4 of this Article.
9.3 The Renter must ensure that no unauthorized person repairs the vehicle.
9.4 Any damage resulting from the actions of the Renter remains the responsibility of the latter.
ARTICLE 10. USE OF THE VEHICLE
10.1 The Renter must not use or permit the use of the vehicle as follows:
Transport of people or goods;
Unloading capacity and use on roads unsuitable for traffic;
Driving under the influence of alcohol, drugs or other substances which impair his ability to drive;
Damage to the interior of the vehicle as a result of consumption, spills and burns of various liquids;
The attempt to leave or leaving the territory of the Republic of Albania without the authorization of the Owner.
10.2 Legal consequences arising from non-compliance with the terms of the Contract during the rental agreement period are the responsibility of the Renter, whether civil or criminal.
ARTICLE 11. VEHICLE INSURANCE
11.1 The Owner ensures that the vehicle is equipped with TPL and Kasko insurance.
11.2 In case of accident the Renter is obliged to notify the police and the Owner, describe the situation and complete the necessary documentation.
11.3 When the Renter is found guilty according to the police report, he is obliged to pay the administrative measure, the costs of withdrawing the police report and 10% of the value of the total damage caused which is not included in the Kasko insurance. However, the Renter is exempt from paying the 10% of the value of the damage and the costs of withdrawing the police report when he has signed the TCP Package.
11.4 When the Renter is involved in an accident and is not at fault according to the police report, he has no obligation regarding the reparation of the vehicle.
11.6 In any case of accident when the vehicle is stationary, the Renter is obliged to pay the transportation of the vehicle to the repair shop or at Owner’s address.
11.7 If the vehicle is involved in an Incident, the Renter is liable for the damage caused, except when he has signed the PAR Package.
11.8 In any case of accident or Incident the Owner replaces the vehicle for the remaining days of the rental agreement. The Owner does not compensate for the value of the remaining days unless it is impossible due to the high season and no vehicle is available.
ARTICLE 12. TERMINATION OF THE CONTRACT BY THE RENTER
In case the Renter seeks to terminate the Contract for personal reasons not related to the vehicle or the Owner, he is compensated for the value remaining after deduction of the following to the initial price paid:
Value of days consumed;
30% of the value of days not consumed as a penalty.
ARTICLE 13. COMPETENT JURISDICTION AND APPLICABLE LAW
13.1 This Contract as well as any non-contractual obligation arising out of or in connection with this Contract shall be governed by and construed in accordance with the Albanian law.
13.2 The parties acknowledge that any claim, conflict or dispute of any nature arising under or in connection with this Contract shall be submitted to the Tirana District Court for settlement.