“AUTORENT LTD” (TAX REGISTRY NUMBER 405026216) here and thereafter the Lessor conducts the contract with the Client here and thereafter the Lessee as follows:
1.1 Lessor shall provide for the temporary use of the Lessee and provide all the necessary documentation for rightful exploitation in accordance with the Law of Georgia. The Lessee is obliged to use the vehicle for it’s intended purpose in accordance with all applicable laws and regulations and obliged to pay the cost of Lease (rent) in a timely manner. The vehicles condition is determined at the time of signing the Vehicle Delivery and Acceptance Protocol.
2. RESPONSIBILITIES OF PARTIES
2.1 LESSOR IS RESPONSIBLE
2.1.1. For verifying the functionality and compliance with local laws and regulations of the leased vehicle in the presence of the Lessee, properly filling out the Vehicle Delivery and Acceptance Protocol, transferring the vehicle for use by the Lessee at the specified time and date and receiving then vehicle from the Lessee at the specified time and place. The Lessor is obligated to ensure that the vehicle is in a clean condition, is safe to drive and meets all local requirements for being deemed safe to drive on public roads.
2.1.2. Replacing the vehicle with a similar one in case of a breakdown or other issue deemed warranting such an action by both parties within 24 hours since being contacted by the Lessee.
2.2 LESSEE IS RESPONSIBLE
2.2.1 The Lessee is obligated to make the payment as set by the Lessor in a timely manner and in such a way and manner as has been agreed by both parties before being provided with the vehicle by the Lessor.
2.2.2. The Lessee is obligated to make a deposit of such value as deemed appropriate by the Lessor. The deposit will be authorised on the banking card provided by the Lessee and automatically unauthorised within a month from the date of making the authorisation.
2.2.3. The Lessee is obligated to be present during the initial inspection of the vehicle by the Lessor and during the inspection upon returning the car into possession of the Lessor
2.2.4.The Lessee is obligated to pick-up and return the vehicle at a place and time set by the Lessor.
2.2.5. If the Lessee wishes to change the place and/or time of the return of the vehicle the Lessee is obligated to contact the Lessor and inform the Lessor of such a desire, request a permission from the Lessor and make a payment to cover the fees set by the Lessor arising from the change of return time and/or place if such fees set by the Lessor are deemed applicable by the Lessor.
2.2.6. The Lessee is forbidden from leaving the territory of Georgia without written expressed permission from the Lessor. If the Lessee desires to enter the territories of Republic of Armenia or Republic of Azerbaijan the Lessee is required to notify the Lessor at least 48 hours in advance, provide all the documentation as requested by the Lessor in a timely manner and pay the correlating fee set by the Lessor.
2.2.7. The Lessee is forbidden from using the vehicle in a dangerous, reckless, harmful or any other matter not explicitly prescribed by the users manual. The Lessee is forbidden from engaging in racing or any other sport while using the vehicle.
2.2.8. The Lessee is forbidden from taking the vehicle within 5 kilometres of the areas of Georgia designated as occupied in accordance with "The Law of Georgia on Occupied Territories”.
2.2.9. The Lessee is forbidden from taking the vehicle off roading and/or engaging in driving not on a properly covered surface.
2.2.10. The Lessee if obligated not to leave the vehicles windows lowered and/or doors unlocked while the vehicle is parked, not to leave the key to the vehicle inside the said vehicle without supervision.
2.2.11. The Lessee is forbidden from transfer the vehicle to a party not explicitly specified in the Rental Agreement. Violation of this article will result in the Lessee being responsible for covering any and all insured damages.
2.2.12. The Lessee is obligated to inform the Lessor upon discovering any damage to the vehicle and contacting the Patrol Police to be issued a Police Protocol if the damage is deemed sufficient enough to warrant such an action by the Patrol Police and if issued such a protocol to present it to the Lessor. Failure of the Lessee to do so will result in the Lessee being responsible to cover all cost of repairs deemed necessary to restore the vehicle to the condition as indicted in the Vehicle Delivery and Acceptance Protocol.
2.2.13. The Lessee is forbidden from making any alterations/modifications/alteration to the vehicle and/or it’s components and parts.
2.2.14. The Lessee is responsible for the safekeeping of the vehicle’s key, license plate and documentation. In case of loss the Lessor is obligated to pay correlating fee set by the Lessor and reimburse the cost of a lost or damaged item.
2.2.15. The Lessee is responsible to pay all the costs associated with the restoration of the vehicle to the condition as indicted in the Vehicle Delivery and Acceptance Protocol insured during an accident which falls under the definition of Gross Violation as stipulated by the Civil Code of Georgia (driving under the influence, driving while intoxicated, engaging in illegal activities and others).
2.2.16. Lessee is obligated to return the vehicle with the same amount of fuel inside it’s fuel tank as it was upon initial transfer of the vehicle and stated in the Vehicle Delivery and Acceptance Protocol. Failure to do so will result in the Lessee being obligated to pay a fee set by the Lessor for each litre of fuel below the amount in the Vehicle Delivery and Acceptance Protocol.
2.2.17. The Lessee is obligated to return the vehicle in a clean condition (both interior and exterior). If the vehicle is deemed insufficiently clean by the Lessor the Lessee will be obligated to pay a fee set by the Lessor.
2.2.18. In case of an accident or upon discovery of new (not indicated in the Vehicle Delivery and Acceptance Protocol) damage the Lessee is obligated to immediately stop the vehicle and not to move it from the place of an accident or discovery unless being told otherwise by the Lessor and/or an officer of Patrol Police.
2.2.19. In case of the theft or illegal appropriation of the vehicle and/or it’s components or parts the Lessee is obligated to immediately inform the Lessor contact the Police. In such a case the Lessee is obligated to present the Lessor the key to the vehicle and Police Report. Failure to will result in the Lessee being responsible for coverage of all expenses the Lessor has incurred due to such an event.
2.2.20. The Lessee is obligated to pay all the administrative fines imposed by the relevant authorities incurred during the rental period.
2.2.21. The Lessee is obligated to return the vehicle to the possession of the Lessor at the specified and pre agreed by the both parties time and place. Failure to do so will result in the Lessee being obligated to pay fee set by the Lessor. The Lessors reserves the right to contact law enforcement and report the vehicle as being in unlawful possession by the Lessee.
2.2.22. The Lessee is fully responsible for negligent or intentional acts done to a third party and holds to obligation to cover any and all cost associated with such an event.
3. INSURANCE
3.1. The Vehicle is insured for certain risks
3.2. Failure of the Lessee to perform their obligations as stated in Chapter 2 Subchapter 2 of this contract will result in the Lessee being responsible for for coverage of cost of repairs of the vehicle for the purpose of restoration of the vehicle to the condition indicated in the Vehicle Delivery and Acceptance Protocol.
3.3. The Lessee is offered two packages of insurance:
3.3.1. “Standard Insurance Package”. The Lessee is responsible for coverage of cost of repairs of the vehicle for the purpose of restoration of the vehicle to the condition indicated in the Vehicle Delivery and Acceptance Protocol up to the deposited amount. In case of failure by the Lessee to perform his aforementioned obligations they would be liable for the coverage of all costs.
3.3.2. “Full Insurance Package”. The Lessee is responsible only for coverage of cost of repairs of vehicle interior and tires of the vehicle for the purpose of restoration of the vehicle to the condition indicated in the Vehicle Delivery and Acceptance Protocol up to the deposited amount. In case of failure by the Lessee to perform his aforementioned obligations they would be liable for the coverage of all costs.
3.4 Upon discovery of new damage to the vehicle not indicated Vehicle Delivery and Acceptance Protocol or upon getting into a traffic accident or inflicting damage to the vehicle the Lessee is obligated to immediately stop the vehicle refrain from moving the vehicle and to inform the Lessor and contact Patrol Police. Failure of the Lessee to do so will result in the Lessee being responsible to cover all cost of repairs deemed necessary to restore the vehicle to the condition as indicted in the Vehicle Delivery and Acceptance Protocol.
4. FORCE MAJEURE
4.1. The suspension of the contract terms in case of a force majeure shall not be considered as a violation of terms of this contract by any party.
4.2. For the purposes of this contract “force majeure” shall mean insurmountable and independent from control of any party and are not related to negligence or malice.
4.3. In case of force majeure a party unable to fulfil it’s obligations is required to immediately inform the other party by means of a phone call and/or an email of such a circumstances.
5. OTHER CONDITIONS
5.1. The Lessors reserves a right to unilaterally terminate the contract if the Lessee grossly violates the terms of the contract and refuses contact by the Lessor.
5.2. The Lessors reserves a right to conduct a further inspection of vehicle upon it's return within 24 hours from the point of return.
5.3. All disputes associated with this contract are to be submitted to Tbilisi City Court.
5.4. By signing the Rental Agreement the Lessee confirms that they are familiar with and understand fully this contract and their obligations arising from this contract.
5.5. Relationships which are not regulated by this Contract shall be governed by the current Georgian Law.