- general conditions
- INTRODUCTORY PROVISIONS
1.1. These General Terms and Conditions, which are attached and form an integral part of the Lease Agreement concluded between Electa doo as a Lessor and a legal or natural person as a Lessee (hereinafter: the Agreement), determine the authorization and management of the rented vehicle, collection and return of vehicles, vehicle maintenance, vehicle breakdowns, rent payments, insurance, traffic accidents and other rights and obligations that both parties fully accept by signing the Agreement.
1.2. By signing the Agreement, the Lessee confirms that he is familiar with the price list, tariff and insurance rules attached to the Agreement and form an integral part thereof.
1.3. The terms defined in the Lease Agreement, unless otherwise expressly stated, have the same meaning in these General Terms and Conditions.
- AUTHORIZATION AND DRIVING OF A RENTED VEHICLE
2.1. The vehicle is rented to drivers who meet the statutory requirements regarding the minimum age and minimum age of possession of a driver’s license, who must in any case be older than 18 years and have a driver’s license for at least 24 months.
2.2. Under the lease agreement, the vehicle is rented for a maximum period of one month. For rentals longer than one month or other type of vehicle rental, an annex to the Agreement will be made.
2.3. The rented vehicle may be driven only by the Lessee personally or by a person registered by the Lessor in the Contract as an additional driver, in compliance with the provisions of these General Terms and Conditions and all applicable laws.
2.4. The Lessee undertakes to use the vehicle for personal use and not to use it under the influence of alcohol, drugs or other drugs, for illegal purposes, for driver training, for the transport of passengers or goods for a fee, to drive or tow any vehicle or object. , for sporting events (races or rehearsals) and not to sublet it.
2.5. The Lessee undertakes to use the vehicle within the borders of the Republic of Croatia and will not cross the state border of the Republic of Croatia without the prior approval of the Lessor, otherwise he is obliged to fully compensate for any damage (including loss of vehicle).
2.6. For use of a vehicle outside the territory of the Republic of Croatia, the Lessee must request the prior approval of the Lessor with the surcharge of additional vehicle insurance.
2.7. The renter is prohibited from using the vehicle in the following countries: Slovakia, Serbia, Montenegro, Bosnia and Herzegovina, Kosovo, Romania, Bulgaria, Albania, the former USSR, Greece and Turkey.
- TAKING OVER THE VEHICLE
3.1. When taking over the vehicle, the Lessee is obliged to sign the Statement on taking over the vehicle (hereinafter: the Statement) which is an integral part of the Lease Agreement.
3.2. Prior to signing the Statement, the Lessee is obliged to check the condition of the vehicle and accessories in the usual way. If any part of the listed equipment is missing or there are some other visible defects, the Lessee is obliged to immediately indicate in the Statement what these defects consist of and in what sense there are objections to the condition of the vehicle.
3.3. By signing the Statement, the Lessee confirms that he has checked the condition of the vehicle, that he has taken over the vehicle with all associated accessories and documents, and that there are no other objections related to the visible condition and equipment of the vehicle.
3.4. The lessee picks up the vehicle with a full tank of fuel, and in the case of returning a vehicle with less fuel, he is charged the difference increased by the refueling service.
- VEHICLE RETURN
4.1. The Lessee undertakes to return the vehicle within the period (hour, day, month and year) and to the place specified in the Contract, in the condition in which he took it over, with all associated accessories and documents.
4.3. When returning the vehicle, the Lessee is obliged to present to the authorized employee of the Lessor the Lease Agreement and the Statement on taking over the vehicle. The authorized employee will inspect the vehicle in the presence of the Lessee and will enter in the Statement data on the observed deficiencies with regard to the condition in which the Lessee took over the vehicle.
4.4. The Lessee may extend the lease no later than 24 hours before the expiration of the lease with the approval of the Lessor. Otherwise, the Lessee will be considered to have misappropriated the vehicle. If the Lessee does not return the vehicle 6 hours after the expiration of the Lease Agreement, and does not contact the Lessor beforehand, the theft of the vehicle is reported to the police with the data of the Lessee.
4.5. Return of the vehicle is possible within the city centers during working hours, and outside working hours and outside the city, with an additional charge and with the prior consent and confirmation of the Lessor.
4.6. If the vehicle is not returned at the branch office of the vehicle but at another branch office of the Lessor, the final settlement is the one made by that other branch office. The branch office that issued the vehicle is obliged to confirm this final calculation and reserves the right to send the Lessee a corrected invoice in accordance with the terms of the lease at the time of taking over the vehicle.
4.7. If the vehicle is not returned to the Lessor’s office but is left at another location (in front of the hotel with the keys to the reception, at the airport , etc.) or returned to the office outside its working hours, and such a way of returning the vehicle was not previously agreed with the Lessor, The lessee is obliged to pay a contractual penalty in the amount of 3,500.00 Euros plus VAT, in the equivalent in HRK according to the selling rate of the Croatian National Bank on the day of payment.
4.8. If the Lessee returns the vehicle after the date specified in the Lease Agreement, and in the meantime there has been a change in prices, from the date of the intended return of the vehicle, the Lessor is authorized to charge new prices.
4.9. Employees of the Lessor have the right to control the vehicle at any time. In the event that the Lessee does not comply with the terms of the Lease Agreement, the lessor’s employees are authorized to confiscate the vehicle from the Lessee.
- VEHICLE MAINTENANCE
5.1. The Lessee undertakes to conscientiously use, maintain, store and load the vehicle, in accordance with the manufacturer’s instructions and not to make any changes to parts, assemblies or units on the vehicle, without the permission of the Lessor. In the event of damage or malfunction of the vehicle, the Lessee undertakes to stop using the vehicle and notify the Lessor thereof.
5.2. The Lessor shall, upon presentation to the Lessee, upon presentation of a valid invoice and proof that it has been paid, reimburse the costs of regular service maintenance and approved repairs to the vehicle.
5.3. The lessee undertakes not to leave the vehicle in the vehicle during the rental. In case of vehicle theft together with vehicle documents , it is determined that the Lessee has grossly violated the provisions of the Agreement and that he is then liable to the Lessor for the full amount of damage and can not invoke exemption from damages.
5.4. The Lessee undertakes to bear the costs of washing the vehicle, tire repairs , traffic violations (and after the termination of the Contract), and other costs incurred during the use of the leased vehicle, except for costs borne by the Lessor or insurer.
- VEHICLE FAULTS
6.1. The lessor is not responsible for the compensation, nor for the delay caused by a malfunction or malfunction of the vehicle.
6.2. In the event of a breakdown or damage to the vehicle during the lease, the Lessor undertakes to replace the vehicle to the Lessee within 24 hours from the moment when the defect or damage was reported by the Lessee to the Lessor.
6.3. Necessary urgent repairs undertaken by the Lessee or replacement of vehicle parts may be performed only in authorized services with the prior approval of the Lessor. The lessee is entitled to a refund, but only with the presented invoices of the authorized service that performed the repair and with the mandatory return of changed parts. Otherwise, the costs are not recognized.
6.4. In the event of a vehicle breakdown outside the territory of the Republic of Croatia, the Lessee is obliged to contact the Lessor in Croatia for an agreement on vehicle repair. The lessor will reimburse the cost of repairs upon presentation of the original invoice of the authorized service and the part that was replaced due to a malfunction. When crossing the state border, the Lessee is obliged to present the invoice to the customs officer for certification.
6.5. If during the return of the vehicle it is established that any part of the vehicle or equipment was changed without the approval of the Lessor or lost, the Lessee will be charged damages in the amount of three times the market price, changed or lost part of the equipment valid on the day of returning the vehicle.
- RENT PAYMENT
7.1. The Lessee undertakes to immediately pay the Lessor, upon his written invitation, the amount for the daily rent according to the agreed tariff, daily allowances as well as the incurred costs that are calculated.
7.2. If Tenant settle its obligations for car rental by credit card, the same gives the signed contract of lease, the lessor is authorized to charge the cost of renting directly credit card and without slip-form. In the event that the Lessee has not paid the additional insurance (CDWS), by signing the Lease Agreement, the Lessee authorizes the Lessor to charge the credit card issuer the cost of damage to the vehicle in the amount of the deductible.
7.3. If the Lessee settles his vehicle rental obligations on the basis of the issued pro forma invoice, he is obliged to settle the indicated amount within the deadline and under the conditions indicated on the invoice.
7.4. In case of delay in payment, the Lessee undertakes to pay the Lessor for the amounts in HRK of legal default interest, the method of calculation of which is determined by the Law on Obligations.
8.1. During the lease, the vehicle is insured against liability for damage caused to third parties, according to legal regulations and insurance rules of the Insurance Company, and all rights and obligations regarding the damage will be resolved on the basis of these rules, ie concluded insurance policy for the vehicle and contracted allowances. .
8.2. The Lessee undertakes to pay any damage, up to the full value of the vehicle (damage, theft, loss of the vehicle), incurred during the lease as well as the damage for lost profits to repair the vehicle up to 30 days, if it was the fault of the Lessee. Damage for lost profits is determined on the basis of the price list for daily rent attached to the Agreement and which forms an integral part thereof.
8.3. When concluding the Lease Agreement, the Lessee may pay a daily allowance, in the amount determined according to the valid price list attached to the Agreement that forms an integral part thereof, for the “Purchase of Liability for Damage to the Vehicle” (CDW). It hereby removes its liability for damages referred to in item 7.2, except for personal participation in that damage (deductible), and in case of loss and theft of vehicles or parts.
8.4. When concluding the Agreement, the Lessee may pay a daily allowance in the amount determined according to the valid price list attached to the Agreement, which is an integral part of it, for “Purchase of liability for loss, theft of vehicles or parts” (TP). It thus removes its liability in the event of loss, theft of the vehicle or parts, other than personal participation in that damage (deductible).
8.5. When concluding the Contract, the Lessee may insure, in the amount determined according to the valid price list attached to the Contract which is an integral part of it, the driver and passengers, up to the amount of insurance policy for death or personal injury (PAI).
8.6. By renting and paying additional daily insurance (CDWS), the lessee may , in the amount determined according to the valid price list attached to the Contract that is an integral part of it, additionally insure himself from personal participation in the damage – franchise during the car rental. This insurance (CDWS) is valid only for the first damage to the vehicle, and in the case of the second and each subsequent damage to the vehicle, the deductible is charged in the full amount specified in the Lease Agreement, regardless of the estimated amount of damage.
8.7. The Lessee is obliged to pay any damage (damage, loss, theft of vehicles or parts, lost profits), regardless of the paid allowances from Articles 8.3., 8.4., 8.5. and 8.6., if the damage occurred by using the vehicle contrary to the provisions of the Agreement and the General Terms and Conditions, and due to gross negligence or intent.
8.8. Personal participation in the damage – the deductible depends on the group of vehicles, is determined by the applicable tariff by the decision of the Lessor, which is attached to the Agreement and forms an integral part thereof.
8.9. The insurance shall in no case cover damage to tires, damage to the undercarriage of the vehicle, the interior of the vehicle and the windscreen caused by driver negligence, damage to the engine caused by lack of oil, fuel spillage , damage caused by the driver under the influence of alcohol, drugs or other intoxicants. funds, damage caused by an unauthorized driver, any damage to the vehicle that has not been reported to the competent police station. The Lessee shall bear these damages himself.
- TRAFFIC ACCIDENT
9.1. In the event of a traffic accident, the Lessee undertakes to immediately call the police to the scene of the harmful event or report the harmful event to the competent Police Administration. Otherwise, the Lessee may be charged for the damage incurred.
9.2. The Lessee undertakes to insure the vehicle against further damage, and to wait for the Lessor’s instructions on further use of the vehicle and to act in agreement with the Lessor, and to submit a written report on the harmful event.
9.3. The Lessee undertakes, in case of new damage, to return the vehicle to the nearest branch of the Lessor, during the working hours of the branch and under the conditions determined by the Lessor.
9.4. The lessee undertakes to participate in all proceedings for the payment of damages to a third party, otherwise he is obliged to bear the costs of the accident.
10.1. In case of breach of the Contractual Obligations and General Terms, made by the Lessor and the Lessee, each contracting party has the right to terminate the Agreement, and the Lessee undertakes to compensate the Lessor for all damages, content and scope determined by the Lessor, which must correspond to the actual damage.
10.2. By signing, the Lessee unconditionally accepts all the above conditions, guarantees the accuracy of all the above data from the documents (identity card, passport, driver’s license) and accepts the jurisdiction of the court at the Landlord’s headquarters in case of litigation.
- PERSONAL DATA PROTECTION
11.1 During the vehicle rental process, it is necessary to collect some personal data. It is necessary to provide all the required information. In the absence of this information, the Lessor (data controller) will not be able to accurately conduct the Lessee’s lease. The Lessor will use the personal data of the Lessee to assist him in booking, renting and leasing vehicles and for marketing purposes. The Lessee may correct errors in this data and use the right to access this data, refresh, delete the specified data by sending a request to the Lessor using the contact information contained in the Lease Agreement signed when he took over the vehicle.
11.3. The Landlord and / or Electa doo may also use and disclose personal information to comply with legal requirements (eg, a request from legal agencies), to enforce local laws, to respond to complaints, or to protect the rights, property, or security of others.
We recommend our clients to comply with traffic regulations at all times, and here is a short list of some Croatian traffic regulations that may not be identical to those in your countries:
Drinking and driving – tolerance is 0.5% alcohol; tolerance is 0% in case of violation of traffic regulations.
Mobile phone – not allowed while driving except when using a hands -free device.
Lights – The lights must be on on the vehicle in road traffic at night and in case of reduced visibility; during daytime driving, daytime running lights or dipped beam headlights must be switched on during the winter time period.
Parking – ‘spider’ works in city centers in case of improper parking; parking billing machines are in almost all places, any penalty must be paid before leaving the country, and the receipt of payment must be preserved.
Speed - a limit of 130 km / h on motorways, 80 km / h outside a populated area, 50 km / h in a populated area / all unless otherwise restricted / allowed by traffic signs, police or other competent authority.
Please note that this is just a reminder of the ‘most common’ regulations, for all details you can contact any police station, the Tourist Information Center or the Croatian Auto Club – HAK (a member of the European ARC) which also provides roadside assistance and is available by phone 987
Misdemeanor penalties in traffic
If, as a foreign citizen, you commit a traffic offense in the territory of the Republic of Croatia, you are subject to appropriate criminal sanctions.
If you are a foreigner or a Croatian citizen who does not have a permanent or temporary residence in the Republic of Croatia, and you have committed a traffic offense, it will be considered that you have paid the fine in full if:
- pay the fine at the place of the offense in the amount of half of the prescribed minimum or half of the exact amount of the fine if it is a violation for which only a fine of up to HRK 2,000 for a natural person is prescribed as a fine
- after the misdemeanor procedure has been carried out and the decision on the misdemeanor by which you have been fined has been made, you shall pay two thirds of the fine imposed within the time limit determined by the decision by which that fine was imposed.
If a police officer imposes a fine on you at the scene of the offense and determines the costs of the proceedings, and you refuse to pay the fine and costs, the police officer may:
- bring you to the misdemeanor judge with the filing of an indictment who will question you immediately
- in certain circumstances, temporarily revoke your travel or other document or driver’s license if this is necessary to ensure your presence in the misdemeanor proceedings, or to prevent you from committing new offenses or from preventing or complicating evidence in the proceedings.
If you have been fined by a non-final judgment, the deadline for payment of the fine may be set immediately. If you do not pay the fine within the time limit set by the decision on the misdemeanor, the fine will be immediately replaced by imprisonment.
Misdemeanor records and register of unpaid fines
If you are a foreign citizen who committed the misdemeanor and you have a certain OIB, you will be registered in the Register of unpaid fines when the decision on the misdemeanor becomes final and you have not paid the fine within the deadline specified in the misdemeanor decision.
If you are a foreign citizen who committed a misdemeanor without an OIB, despite the unpaid fine, you cannot be registered in the Register of unpaid fines, but according to other data (name, date of birth, possible MBG) you can be registered in the Misdemeanor records. final misdemeanor sanctions.
Pursuant to the provisions of the Misdemeanor Law, a person without residence in the Republic of Croatia, who does not pay the fine imposed for the committed misdemeanor, after re-entering the Republic of Croatia, may be brought to the competent misdemeanor court, which will replace the fine with imprisonment.
In case of vehicle failure
In case of vehicle breakdown during the rental in the Republic of Croatia, please call our technical service, which is available from 0 – 24 hours on the phone number +385 40 500 060
NOTICE ON HOW TO SUBMIT A CONSUMER COMPLAINT
In accordance with Art. 8 para. 2 of the Consumer Protection Act (Official Gazette, No. 79/07, 125/07 – Ex ., 79/09 and 89/09 – Ex .) We inform consumers that the quality complaint our services can be delivered in writing to the address:
Trg bana Josipa Jelačića 6, 40315 Mursko Središće
e-mail address: email@example.com
We will respond to your complaint in writing no later than 15 days from the date of receipt of the complaint.