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The Motorcycle Rental Contract
1. Subject matter
The Owner Avanda s.r.o. IČO: 08289166 adresa je Praha 8, Švabky 52/2, PSČ 180 00 the following motorcycle which is in the possession of the Owner or his partners for a fee in Prague.
The minimum rental period is 3 hours. The Renter’s age must not be younger than 18 years. The Renter must be a holder of a driving license valid in the European Union and he shall have practice of driving motorcycle with the same or similar category during one year at least.
The details about the Owner and Renter, motorcycle specifications, effective period of the Contract, the rental fees, the report about the technical condition are described shall be in the Transfer and Аcceptance Act, which is an integral part of the Contract.
2. Motorcycle rental fees, security deposit and payment terms
Rental fees shall be provided in accordance with the current tariff rate. Deposit of 5200 CZK is required for a rental motorcycle. During the rental period rental fees and deposit shall be paid by the Renter at the time of signing the Contract. The Parties agree that interest will not be charged to the deposit. The Renter agrees that the Owner can use the deposit in order to settle any Renter’s debts to the Owner, in particular late charges, contractual penalties, damages, rental arrears of the motorcycle etc. Deposit, whole or partly shall be returned to the Renter after the Renter returns the Owner’s motorcycle in the same condition it was taken without any defects and it shall be clean. In case if the Renter gave the deposit as a blocking amount on a payment card, the Owner shall unblock the deposit within 48 hours after the Transfer and Acceptance Act has been signed (i.e. a protocol of the motorcycle returning).
The tire damage is not included into the expenses of rental fees.
3. Rental time, getting and returning the motorcycle
The Contract is signed for a fixed period of time and it is acted from the time the Transfer and Acceptance Act is signed and until the motorcycle will be returned to the Owner in accordance with the Transfer and Acceptance Act (i.e. a protocol of the motorcycle returning).
The Contract can be restored if it is required by the Renter with the help of SMS or, by e-mail or other way of the communication, enable to save the message’s content and the confirmation of this request for the Owner in the form of SMS, or by e-mail or other way of communication enable to save the message’s content. In this case the rental fees and the insurance charges shall be remained the same.
In the event that the Renter has not returned the motorcycle to the Owner on time, the Renter is obliged to pay the following hours/days up until the Renter returns the motorcycle and including, the subject to penalties.
If the returning of motorcycle is delayed within a period of two and more days without the prior notification the Owner, it can be classified as the motorcycle theft (theft). In this case the Renter shall be fully responsible under the Criminal Code of Czech Republic.
The Renter shall check the condition of the motorcycle and fuel quantity in the tank on the moment of getting motorcycle. All the damages with the motorcycle are recorded in the Motorcycle Acceptance Protocol. The Renter shall return motorcycle in the place and at the time specified in the Contract, in the same technical condition and configuration, also he shall return keys and all necessary documents (registration certificate, green card), the motorcycle shall be clean. The motorcycle is agreed as accepted by the Owner after the Transfer and Acceptance Act is signed (i.e. a protocol of the motorcycle returning). In the event of a default this condition motorcycle shall not be considered as returned to the Owner.
In the event that the Renter does not follow these obligations in respect of motorcycle returning, the Renter agrees if the Owner takes and presents a photo/audio/video protocol of the motorcycle returning (or absence of returning) in the place and at the time specified in the Contract. The Renter agrees to accept and use these documents in the case of administration proceedings and/or court action.
The Owner may terminate the Contract for the convenience if the Renter brakes his obligations under the present Contract. The Owner may also terminate the Contract for the convenience if it can be possible that the Renter intends to use the motorcycle in an unauthorized manner, especially to leave the territory of Prague.
The Owner shall notify the Renter about the termination of the Contract in writing form and this notification comes into effect on the date of receiving notification. Notification can be delivered by SMS, e-mail or other communication form enable to save the message’s content.
The right of using motorcycle ends on the hour/day upon expiration of the Contract period, as well as motorcycle is damaged or theft. Nonetheless, it cannot be a result of termination Parties’ rights and obligations before the termination date, specifically it shall not absolve the Renter from paying rental fees, damages, contractual penalties etc.
If the Renter returns the motorcycle beforehand in this case the Renter shall pay the fees according to the agreed period unless otherwise the Parties agreed.
In case if the Renter does not follow the obligations to return the motorcycle to the Owner, the Owner can record the condition of returned (detained) motorcycle, the documents and equipment. The time of returning motorcycle is the day when motorcycle is brought to the Owner’s parking on the following address: Svabky 52/2, Praha 8, 180 00, Czech Republic.
In case if the Renter does not follow his obligations to return motorcycle to the Owner at a certain time and place, and the Renter has been informed that the Owner can report about the non-return of motorcycle to the police in Czech Republic (or police of another state), and it means that the Renter has no right to continue of using the motorcycle. The consequences which can appear as a result of this fact for the Renter shall be authorized by the Renter.
If the Renter does not return the keys along with the motorcycle in this case the Renter shall compensate the Owner the position of unable to use the motorcycle, the Renter shall pay the rental fees at the current rates until the Renter returns the keys to the Owner.
In case if the motorcycle is taken out, arrested or confiscated during the using it by the Renter, in this case the Renter shall promptly inform the Owner by phone (followed by writing confirmation).
The Renter shall take all necessary steps to bring back the motorcycle and, during this period, the Renter shall pay the rental fees. In this case the rental period shall not end until the motorcycle is brought back to the Owner. The Renter shall pay all the expenses to the Owner for indemnify all losses incurred due to this incident.
The Renter agrees and obliges to pay the Owner all the expenses, which the Owner spent on searching the agreements to return the motorcycle and, if it is necessary, to bring motorcycle to the Owner’s business address.
In case if the Renter does not follow his obligations to return the additional equipment, given it with the motorcycle the Renter shall indemnify the Owner for any damage or expenses, the value responds to the new equipment identical or commensurate with the missing motorcycle, if it it is not possible to compensate all actual costs, the Owner spent due to the aforesaid.
4. Rights and duties of Parties
The Renter shall use the motorcycle for the direct purpose, obey the traffic regulations, customs rules and other laws and regulations. The Renter shall ride the motorcycle in accordance with the guide and instructions of motorcycle and care for its technical condition. The Renter shall take all possible steps to prevent any theft, accident or damage motorcycle as well as by action of the third parties.
At any time the Owner shall have the right to ask the Renter allow him the access to the motorcycle in order to check the technical condition of the motorcycle and to make sure that the Renter uses the motorcycle in an appropriate manner in accordance with the terms and conditions of the Contract and all universally applicable laws and regulations. The Renter shall obliged the Owner to make an inspection of the motorcycle.
The Renter shall not:
- let the third parties use motorcycle against the Transfer and Acceptance Act;
- use motorcycle for any race or competition, driver learning or transport of cargo.
The Renter shall immediately inform the Owner about any technical problems or damages that have occurred during the rental period and require immediate repair. If the Renter does not follow the terms, in this case the Renter is responsible for any damage incurred in connection with the aforesaid circumstances (driving in spite of low oil pressure, flat tires etc.)
The Renter shall:
- use all safety components of motorcycle, shall not leave keys and documents.
The Renter agrees that the Owner shall not be responsible for any damage, which has appeared during the Renter rides the motorcycle (lost profit, accommodation costs, transport from scene of accident, etc.).
The Owner shall have right to terminate immediately the Contract, take motorcycle away from the Renter at any time or call police to start the investigation of the rental motorcycle in case the terms of the Contract are broken.
5. Driving outside Prague
It is strictly prohibited to cross the borders of Prague on the rented motorcycle.
6. Indemnification and insurance of the rental object
The Owner hereby warrants to the Renter that the motorcycle is effected a policy of insurance in the insurance company. The motorcycle insurance does not include the insurance of motorcycle tires. Luggage and personal things are excluded from the insurance.
The Renter is obliged to pay the excess in accordance with the Transfer and Acceptance Act in case of damage after the motorcycle accident and also in case if the of motorcycle is theft or there is the other damage of the motorcycle.
In the event if the Renter does not follow the obligations specified in the paragraph 7 of this Contract, the above-stated arrangement to restrict the responsibility is invalid and the Renter is responsible for the damage caused to the Owner in full.
Fines for traffic incidents during the rental period and same as damage incurred due to loss of documents, key or tools used as accessories shall be paid by the Renter.
The Renter shall be obliged to pay the following fines:
7. Actions in case of an insured event
The Renter shall immediately inform the Owner about the accident or other damage in case of accident.
In case of an accident, the Renter shall send for Police to the place of accident, complete the accident report with the second driver involved in the accident (to make sure that all people involved in the accident have signed the report with one copy to the Renter and one to the second driver), make full photo documentation of the accident (overall picture of the place of accident, photos of each vehicle with a visible number plate and visible damage), write down the details of all participants in the accident including witnesses and number plates of accident.
In case if the rental motorcycle is stationary because of the accident, the Renter shall take away the motorcycle from the road.
The Renter shall immediately give the accident report, made by the Police, the keys and the documents of the motorcycle to the Owner.
In case of absence the other participants in the incident, the Renter shall arrange the accident report with the reasons of the incident. Any motorcycle damage, which is not registered by the Police and if it is not shown in the accident report, is paid by the Renter. If the Renter rides the motorcycle under the influence of alcohol or drugs, medicaments which reduce the Renter’s evocation and attentiveness, and if the other participant in the accident is not identified, in this case the insurance does not reach the case like damage caused. The Renter is obliged to provide the full information about the accident to the Police and the Owner and is obliged to provide comprehensive assistance when the insurance event is considered.
The Renter shall pay the motorcycle evacuation from the place of accident to a place determined by the Owner, in case if the motorcycle accident caused by the Renter.
The parties to the Agreement have agreed that:
The Lessor may organize the towing of the motorcycle to a service center or to the Lessee's parking lot at the Lessee's expense. Evacuation costs:
The Lessor can arrange for a technician to travel to the place of an accident or breakdown. For the departure of the equipment, 1000 CZK are charged at the expense of the Lessee.
8. Permission to represent the Renter in administrative procedures
During the rental period the Renter hereby empowers the Owner to represent the Renter in the administrative proceedings in case of violation of the traffic rules (in particular, the speed limitation, violation of parking rules etc.) while the Renter uses the rental motorcycle.
The Renter empowers the Owner to act on behalf of the Renter in all legal actions, represents and/or defends the Renter, performs all acts, collects delivered documents, submits suggestions and petitions, accepts or rejects regular and extra remedies.
The Renter hereby confirms that he is obliged to use the motorcycle only in person and the Renter has the right to confirm this fact when submitting the Owner.
If the correspondence is sent by registered mail to the Renter in this case the day of the delivery correspondence is considered to be the following:
- The third day after the correspondence has being posted (unless proved differently);
- The day when the Renter has refused to accept the mail;
- The last day when the correspondence is kept at a post office and if the Renter did not get the mail even after he was reminded by the post office. This term is applied even though the Renter does not know about the correspondence is kept at the post office;
- The day when the Owner was informed about the fact that the correspondence is not able to be delivered to the Renter for the reason that he is absent at the address, specified by him as the postal address for the correspondence delivery, as a result of mentioned reason, the correspondence was returned.
10. Final provisions
This Contract is made in Czech language. This Contract shall be signed in electronic form (provided with visible digital signature) with the help of stylus or smart pen on PC or tablet and the Parties shall recognize this Motorcycle Rental Contract and the Transfer and Acceptance Act as valid and equal to its paper version. After the Contract is signed, the copy of the Contract shall be sent immediately by e-mail to the Renter’s e-mail specified in the Transfer and Acceptance Act. After the Contract is signed the Owner will get the rental fees and security deposit. After the Transfer and Acceptance Act is signed the Owner shall accept the motorcycle.
Any disputes arising here from this Contract shall be resolved in accordance with the law of Czech Republic and by the courts of Czech Republic. The District Court is taken by the parties as the court, at the place of the Owner registration.
After the Contract is signed the Renter agrees that the Owner shall have the right to process all information and data is supplied by the Renter in accordance with the Contract (hereinafter Personal data), to process personal data by the third party (processor) for the purposes of internal business matters and disclose this information to the third party, authorized by the Owner for the performance of some legal and contractual duties or the management and recovery of the Renter’s debt in accordance with the legislation, specifically Act no.101/2000 Coll. the Protection of Personal Data.
The Renter agrees that the Owner shall process all the information and personal data provided him by the Renter in his own information system or in the information system of the third parties (processor). The Renter hereby expressly and irrevocably represents that he has been duly informed about this fact and that the relevant personal data have been/will be provided to them voluntarily.
The Owner has the right, to use copies of the Renter personal documents and use them, especially in administrative or misdemeanor cases in accordance with the Renter consent.
Full information about the General Data Protection Regulation is on www.justscoo.com/gdpr.
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