TERMS AND CONDITIONS OF THE RENTAL AGREEMENT
The company under the name «EVINCE ΑΝONYMOUS COMPANY» and distinctive title «EVINCE CAR RENTAL», with T.I.N. 801395607, which is located at the 1st mile of Arta – Trikala National Road, here in after called the «Lessor», hereby rents to the person signing overleaf at the space «Customer’s signature», whose details appear on page 1 of this document, here in after called the «Lessee», the car described on page 1 of this document, here in after called the «lease», on the following terms and agreements, which the Lessee has read, found reasonable and unconditionally accepted, and are as follows:
- START – DURATION – EXTENSION
The agreed rental commences as from the date of signature of the agreement and lasts for as many full days as listed on page 1 of this document. The minimum lease term is considered to be 24 hours. After thirty (30) minutes from the agreed delivery time of the vehicle, the lessee will be charged one (1) additional rental day. If the lessee wishes to extend the rental of the vehicle, the lessee must notify the lessor at least 24 hours prior to the end of the rental period to obtain approval, subject to availability at the lessor’s sole discretion.
- SUBJECT MATTER OF THE CONTRACT
- DELIVERY & RETURN OF THE CAR
Prior to signing this lease, the lessee has thoroughly inspected the lease, in the actual condition in which it is currently located, test drove it and declares that he found it in excellent condition, to his absolute satisfaction, suitable for its intended use and therefore unconditionally accepted the lease. At the time that this rental is over the renter will return the said vehicle with all its equipment, accessories, tools, keys, license plates and all related documents, in the same condition they was given, to the agreeable station of the lessor and on the time specified by the rental agreement (in any case from 9.00 a.m. to 9.00 p.m.). The renter is liable for the cost of gasoline consumed during the rental period and is obliged to return the said vehicle at the same tank level that he received it, otherwise at the time the lessee returns the said vehicle to the lessor he will be charged respectively. If the vehicle is returned with extra fuel, the value of the extra fuel is not refundable. In case the lessee delays to deliver the car to the lessor without advance notice by the lessee, the lessor may seek directly to pick it up by all lawful means civil and criminal procedures; and with the car being able to be regarded as stolen or displaced and uninsured. In any case, the lessee is obliged to pay the additional daily rent corresponding to the days of delay in the delivery of the car, bearing in mind that the minimum charge is 24 hours (1 day) unless otherwise agreed in written by the parties. In addition, in this case, the lessor is entitled to claim reimbursement for any damage it suffers due to inability to exploit the car, as well as due to any consequent general malfunction in the lessor’s car rental program.
The lease will be driven solely by the person specified in the contract, whose details are set out on page 1 hereof, within the agreed provisions of this lease. The Lessee may also appoint an additional driver for the Lease, at the appropriate fee per additional driver, which is indicated on page 1 hereof, initialed within the relevant space of the lease and providing the Lessor with the full details of the latter. The lease is prohibited, in particular, to be used:
- a) for driving by any third party not contracted hereunder, without the prior written consent – approval of the lessor, b) for any transportation or movement of heavy luggage or objects, flammable materials, chemicals, polluting or smelly objects, drugs, weapons or any other objects or goods the possession and transportation of which is prohibited by the applicable Greek law (including, in particular, the Highway Code and the customs provisions) and Community legislation or is likely to cause any danger to the safety of the vehicle, its occupants or third parties or for any purpose which is contrary to current Greek (including, in particular, the Highway Code and customs provisions) and Community legislation or is likely to cause any danger to the safety of the vehicle, its occupants or third parties, c) to carry passengers or property for a consideration express or implied, as well as for subletting to third parties, d) to proper or tow any trailer vehicle, e) in any kind of motor events (including, in particular, racing, pace making, rallying, reliability trials and speed testing), e) by any person in a state of fatigue or under the influence of alcohol or drugs or hallucinogenic or barbiturate substances or any other substance or physical/mental condition which affects the driver’s ability to drive and senses or generally places the driver in a state of impaired driving ability and perception, f) for transport by ship, train or other means of transport, without the lessor’s previous authorization in writing, while any damage caused to the rental property during its transportation is not covered by any insurance, but is the sole responsibility of the lessee, regardless of his/her fault, and subject to any exceptions expressly provided for herein, g) for travelling out of Greece, without the lessor’s previous authorization in writing.
- OTHER OBLIGATIONS OF THE LESSEE
The lessee is obliged to take care of the leased vehicle, to thoroughly check its mechanical condition, the level of oil and water, the tyres and wheels, as well as to exercise all due diligence and take all necessary measures for its smooth and normal operation. Any repair and general interference with the Lease by the Lessee or any other third party, for any reason whatsoever, is prohibited without the prior written approval of the Lessor. The lessee shall be fully liable to the lessor a) for any mechanical damage caused to the leased premises through his own fault, including slight negligence, and b) for any damage or deterioration, other than normal, of tyres and wheels, which may be caused by misuse of the leased premises or by failure to detect a loss of air pressure in good time. The hirer is also fully liable for any damage to the underside of the car or to the tyres caused by an impact during use, as well as for damage caused in violation of the International Road Traffic Code (e.g. violation of traffic signals, STOP, red traffic lights, right of way at a road junction, vertical and horizontal road markings, exceeding the speed limit, etc.) or for damage caused by the reasons referred to in Article 4 hereof. In addition, the lessee is responsible for locking and guarding the car, using its security systems, and for taking measures to prevent theft and reduction in value in general. A charge will apply for any loss of keys to the hire car.
- AGE – DRIVING LICENSE
The driver of the hire vehicle must be at least 21 years of age to use the lessor’s vehicles, except for the lessor’s 9-seater L-type vehicle, which requires the driver to be at least 25 years of age. The driver of the said vehicle, who has not reached the age of 25, is subject to an additional charge of 8€ per day for the use of the vehicle, with a maximum charge of 80€, plus VAT. There is no maximum age limit, as long as a valid driving licence is held. The valid driving licence for the Greek territory and the EU of the driver of the rented car must have been issued at least one (1) year before the date of rental, with respect to all categories of vehicles of the Lessor, except for the 9-seater type L vehicle for the use of which the said licence is required to have been issued at least five (5) years before the date of rental, with the exception of the payment of the additional fee mentioned in the previous article. Citizens of countries outside the EU are required to have a valid international driving licence, which they must present together with their national driving licence.
- DEBTS OF THE LESSEE
The renter expressly acknowledges full liability to pay the lessor: a) the basic daily charge for the duration of this rental, agreed to be reasonable, fair and fully commensurate with the rental value of the car, b) the special daily charge for partial coverage of material damage caused to the lease (Collision Damage Waiver), beyond the amount called deduction limit and is written at the appropriate space of the rental agreement (+ V.A.T.) and may vary according to the category of vehicle. If the renter chooses this coverage, he is obliged to monograph in the respective space of the rental agreement or, alternatively, the special daily charge, according to the lessor’s price list, for full exemption from liability for material damage caused to the leased property (Full Damage Waiver), with the following exceptions, provided that the lessee chooses this coverage in the same way as above. C) Also, the specific daily charge for the driver’s personal insurance (P.A.I.). If the renter chooses this coverage, he is obliged to monograph in the respective space of the rental agreement, and then and only then is he covered by the terms and for the amounts mentioned in the current insurance policy. D) The specific daily charge that waives the possibility from theft or loss/light/crystal breaking of the vehicle. If the renter chooses this coverage, he is obliged to monograph in the respective space of the rental agreement. E) The additional charge as specified on page 1 of this document for the delivery or collection of the said vehicle to any place other than specified on page 1 of this document. If the renter chooses this coverage, he is obliged to monograph in the respective space of the rental agreement. It is noticed that, if the renter doesn’t choose this coverage, he is additionally charged according to the lessor’s price list in case of delivery or abandon of the said vehicle to any place other than specified on page 1 of this document, as well as with the fuel cost to take the said vehicle from the place collected to the place that rental has started. F) the various other charges and fees mentioned elsewhere in this document or on page 1 of this document (e.g. snow chains, child seat, GPS navigation system, etc.), g) the applicable charges for taxes and services on the cased included above in a, b, c, d, e of the present clause, h) all fines, court costs and violations in general assessed against said vehicle during the period of the rental agreement, as well as the related administrative and legal costs, in accordance with and as more particularly referred to in Article 8 hereof, i) lessor’s cost including reasonable attorney’s fees, where permitted by law, incurred after collecting payments due from renter hereunder.
The total amount, which may be calculated on the basis of the above at the beginning of the present lease, excluding other charges and any other charges that may arise during or after its termination, is indicated on page 1 of the present and is payable by the lessee to the lessor upon delivery of the car to the lessee, either in cash, or by bank transfer – remittance, or by credit card charge, compatible with a cooperating bank in Greece or abroad. The payment of the above amount is proven by a written – signed receipt from the lessor, excluding any other means of proof. The same applies to the other charges and other charges as described above. For the payment of any expenses regarding the rented car, which the renter has paid without having the obligation, he must necessarily present to the lessor the relative official invoice.
All rates and charges in this agreement are subjected to V.A.T. 24%. Also, a municipal tax of 0.5% is added to the rental rate.
- BOOKING VIA WEBSITE
The company reserves the right, subject to availability, to provide a different type of car from that of the initial reservation with one of a corresponding, or, higher category. Up to 48 hours before the agreed time of delivery of the car, the user may modify the relevant reservation by contacting the company, either by sending an e-mail to firstname.lastname@example.org, or by calling: __________. A change in the reservation implies a recalculation of the price according to the rental conditions and benefits of the modified agreement. A change in the tenant’s name or credit card number cannot be made for reservations made online. In this case, please cancel your reservation and make a new reservation.
Once you have made a reservation, we will send you a confirmation receipt with the details of the reservation. It is mandatory to check the data of your reservation (e.g. car category, gearbox (manual/automatic, features). It is not possible to cancel a reservation at the pick-up location if all the conditions of the rental confirmation are met. In this case, any refusal to pick up the rental will be considered a no-show.
The lessor reserves the right to cancel any reservations if the website user has not paid any fee, with or without notice to the user.
- RESERVATION CANCELLATION – NO SHOW
In case of cancellation, the full amount of the deposit will be refunded if you cancel your reservation one week prior to the start of your stay. If you cancel more than 48 hours to one week the charge will be 50% of the deposit. If you cancel within less than 48 hours the charge will be 100% of the deposit, regardless of when the booking was made.
Once the booking is cancelled, we will credit the money within approximately 5 working days. The credits will be applied to the same card you used to pay the deposit.
In the event of a no-show, the cost of the entire rental will be charged. In the event of a late arrival of the renter, the charge will be applied from the date and time the reservation was made. In case the renter does not show up (No-Show) within 4 hours from the time of the reservation, the rental company reserves the right to release the car, without guaranteeing the availability of another one. Last minute cancellation at the rental desk will be considered as “No-Show – No Show” and is non-refundable.
- ADMINISTRATIVE OFFENCES
In case of a fine (e.g. for illegal parking, traffic light or sign violation, speeding, etc.) or, in general, if the competent authorities find that the lessee has committed an administrative offence, the lessee must notify the lessor of this at the time of delivery of the vehicle and in any event, within 24 hours of the time when the authorities establish the offence and/or the imposition of the fine and/or any other type of sanction, being obliged to provide all relevant accurate and true information and to cooperate in every way with the lessor in whatever way is necessary to exonerate the liable party or the lessor. In any failure by the lessee to take such action in a timely manner as aforesaid, the lessee shall be liable in addition to the lessor for the financial recovery of the lessor for any additional positive and consequential loss or damage, and for any additional charge of any kind suffered by the lessor on account of the lessee as a result of such failure by the lessee. In the event that, for whatever reason, the lessor is charged on behalf of the lessee for all or part of the above costs, the lessor shall invoice the lessee for the above amounts, and the lessee shall be obliged to pay the lessor on the same day as the day on which the latter charged them. In the event of the removal of the registration plates due to a traffic offence, the lessee will be charged regardless of whether the vehicle is no longer used, and will be liable for any positive or consequential loss incurred by the lessor for as long as the latter is unable to use the leased vehicle economically.
- INSURANCE COVERAGE
The insurance coverage is specified and governed by the general and specific terms of the insurance contract concluded with the insurance company for each car available for hire, the content of which the lessee was informed in detail before the signing of the present contract. The insurance cover provided is subject to the condition that the car is used in full compliance with the terms and provisions hereof. Otherwise, the lessee is fully and exclusively responsible for the repair of any damage that may occur and has no claim whatsoever against the lessor. In any case, indicatively, the insurance cover provided does not cover: a) damage to the underside of the car if it is driven on the edge of the asphalt (kerb) or on unpaved roads or areas; b) any loss or damage to luggage and personal belongings, for which the lessor shall not be liable in any way whatsoever, as more particularly referred to in Article 12 hereof, c) damage and deterioration to the interior of the car; d) any damage or deterioration occurring to the car during its transport by ship (except those caused during parking), by train or other means of transport as well as for damage caused by natural disasters or acts of terrorism, (e) if the driver is found to have been under the influence of alcohol or drugs; (f) accidents caused by a driver involved not declared herein; (g) for loss or destruction of a vehicle key; (h) for loss or destruction of appliances or other additional equipment, i) for damage caused during the use of the hired vehicle by a declared driver who does not have the driving licence required by law for the category of vehicle he is driving; j) for accidents for which the hirer has not immediately informed the lessor and has not filed the relevant accident report, regardless of his fault. The lessor shall recover any sums paid by the insurance companies under the relevant contracts in the event of any insurance risk occurring. The lessee shall notify the lessor in writing, no later than 24 hours after his/her choice, of any occurrence of an insured event, regardless of his/her liability. If the lessee fails to notify the lessor in time of the occurrence of such an event, the above insurance cover shall not apply, the lessor shall not be liable and the lessor shall be entitled to claim against the lessee any amount the lessor may be obliged to pay from any cause related to the insured event in question, also covering any other damage suffered by the lessor as a result of its statutory strict liability for the car involved in the accident/incident. The lessor’s cars are covered by roadside assistance on a 24-hour basis. The contact details of the roadside assistance are stated on the front page of this document.
In the event of an accident or any other incident (fire, theft, loss, etc.) the lessee is obliged to automatically follow the below procedure: i) to call the police; ii) to note the names and addresses of all eyewitnesses and any other persons who have been involved in the above facts; iii) to not recognize any third-party claims; iv) to contact immediately the lessor’s representatives by telephone or by any other means; v) to collect all relevant information by any third party along with all related documents and elements (e.g. by taking photos, videos etc.) and forward them immediately to the lessor; vi) to complete and sign any document, strictly and only upon the lessor’s written order, and in general, to follow in detail all instructions and orders of the lessor. In case of an accident, the lessee is charged 10€ for the costs of managing the accident file.
Τhe lessee shall pay the lessor the amount specified on page 1 of this document as a guarantee for the proper execution of this agreement, based on the category of the car and the amount which calculated at the beginning of the lease as due and payable to the lessor by the lessee. The amount of the guarantee is held by the lessor for whole the duration of this agreement, it cannot be offset against any outstanding rent payments of the lessee, and will be refunded, interest free, to the lessee on expiration of the agreement and return of the car to the lessee, subject to the condition that the lessee will have fulfilled all his/her obligations hereunder. If a credit/debit card is selected as a means of payment, a security deposit will be placed on the driver’s credit/debit card upon receipt of the car, which will be released/returned at the end of the rental period, provided that no other charges are incurred. The credit/debit card must be issued in the driver’s name, presented at the time of pick-up and valid at the time of rental.
The lessor is responsible exclusively in case of fraudulent or heavy negligence. In all other cases (including slight negligence, luck or force majeure) the lessor has no responsibility whatsoever and no claim can be brought against it. Also, the lessor, by delivering the lease in perfect condition and having taken all necessary measures to prevent mechanical damage, bears no responsibility for any direct or indirect damage to the lessee from this cause. In addition, the renter is fully liable of any property of his or any other person’s left in or upon the said vehicle during this rental and was not collected after the return of the vehicle. The renter hereby releases the lessor from any liability for loss, damage or ruin of any property abandoned, stored or transported by the renter or any other person, in or upon the said vehicle, during this rental, but also after the return of the lease to the lessor. The renter further agrees to defend and compensate the lessor against all claims and costs based upon or arising out of such loss or damage.
- RIGHT OF SUBSTITUTION
This agreement and the rights and obligations arising herein for the lessee are in their entirety indivisible, in any way and for any reason whatsoever. The lessor is entitled at its sole discretion to be substituted by any third-party, natural or legal person, in all its rights and obligations under this agreement, subject to the condition that it notifies the lessee with a written notice.
- TERMINATION OF AGREEMENT
In the event that the lessor becomes aware of any driving of the car in any way, illegal or in violation of any term of this agreement or in general violation or attempted violation of any term of this agreement, the lessor has the right to terminate the lease of the car at any time. Termination of the lease shall automatically terminate this Agreement and the Lessor shall be entitled to exercise all its statutory rights. Furthermore, in the event that the information and other data which the lessee provides to the lessor is not accurate or true, the lessor is certainly entitled to terminate this contract and seek compensation for any damage suffered due to the above inaccurate information/data.
- PERSONAL DATA
- NON WAIVER
The non-exercise or delayed exercise by the contracting parties of any of their rights provided in this agreement does not constitute nor can be considered as constituting a waiver thereof.
All the terms provided herein are considered substantial by the parties which expressly and irrevocably accept each one and all of them together as a consolidated text constituting the full and exclusive agreement between the parties herein and prevailing over any other written or oral agreement. Any disputes arising herein, including disputes of its interpretation, fall under the exclusive jurisdiction of the Courts of the Magistrates’ Court and the Court of First Instance of Arta, as well as the Court of Appeal of Ioannina, depending on the jurisdiction to resolve the dispute. The headings of the Articles are for the convenience of the parties and cannot be used for interpretation purposes.
Any amendment, extension or renewal of the terms herein is void, if not made in written.
- DISCLOSURES – ANNOUNCEMENTS
Any disclosure or announcement related to the agreement must be notified to the addresses of the parties as referred in its introduction.
The present has been drawn up in Greek and translated into the English language, while for any doubt arising as to the true meaning of the terms in this agreement, the interpretation given with the Greek text shall prevail.
In witness whereof, the parties drafted and signed hereby as follows.
The Lessor The Lessee