OptimaRent General Terms and Conditions
These General Terms and Conditions (hereinafter referred to as CONDITIONS) are an integral part of the Rental Agreement (hereinafter referred to as CONTRACT), concluded by the charterer of the OPTIMA RENT d.o.o. (MBS): 080899477, OIB: 78707119336 (hereinafter referred to as OPTIMA RENT), and in the Register of Commercial Courts of Zagreb (MBS) in Velika Gorica (Velika Gorica), Petra Zrinskog 85, the person who is renting a car by OPTIMA RENT – in the terms of the CONTRACT these are the Lessee, Driver and Extra Driver (hereinafter referred to as USER).
By signing the Agreement, the USER confirms the validity of these TERMS AND CONDITIONS and of all its provisions, the use of the language and expressly states that he is fully acquainted with the contents of the CONTRACT and TERMS which he / she reads, understands them, agrees with them and accepts them by purchasing and replenishing for SCDW and WUG states that he / she is familiar with the provisions and accepts it completely. The USER shall in advance decline any objection to the fact that the provisions of these TERMS AND CONDITIONS at the time of signing have not been known to him or its terms have not been submitted.
PERSONAL DATA COLLECTION AND PROCESSING
USER gives personal information voluntarily. USER’s personal information is collected for the purpose of concluding and executing the CONTRACT. The User grants that his / her personal data may be used for the following purposes: further interconnection, statistical processing, information on news, submission of bids, promotional materials and call for events and other business purposes by OPTIMA RENT.
OPTIMA RENT undertakes not to release the USER’s personal information from the country or to third party, except for the purpose of executing the CONTRACT. USER explicitly declares that OPTIMA RENT may make personal data available to other persons in the cases prescribed by law (such as violation of traffic regulations and the like). OPTIMA RENT also undertakes that all personal data of USERS, obtained through the CONTRACT, will be processed, secured and kept secret in accordance with the relevant provisions on personal data protection and solely within the scope of the authority and the purpose of obtaining or collecting them.
The rights of the USER and the protection of rights are determined by the relevant regulations on the protection of personal data of the Republic of Croatia.
SUBJECT OF THE CONTRACT
OPTIMA RENT, as the Lessor, commits to the User, as a Lessee, to be handed over, under the terms and conditions stipulated by the CONTRACT, motor or electric vehicle (hereinafter referred to as vehicle or rented vehicle), while the User is obliged to pay a certain lease.
The driver who, on behalf of the USER OF THE LEGAL ENTITY, takes over the vehicle and signs the CONTRACT, must have this authorization and guarantees and is responsible to OPTIMA RENT, in solidarity with this legal person, to respect and fulfill all CONTRACTING OBLIGATIONS and these CONDITIONS.
TERMS AND CONDITIONS OF USER CHARGES AND LIABILITIES
USER, by signing the CONTRACT, guarantees to OPTIMA RENT that he / she meets the minimum age requirements for the operation of the vehicle in accordance with the existing insurance conditions and that he / she possesses the necessary valid vehicle management documents in accordance with the positive regulations of the Republic of Croatia, which he / she is obliged to show the original to OPTIMA RENT while the copy of the same remains OPTIMA RENT as an attachment to the CONTRACT and is obliged to own a credit card from which pre-authorization will be executed in accordance with the Contract.
By signing the CONTRACT, THE USER declares that he / she is familiar with all of the following obligations and accepts:
- that a rented vehicle is not used to train a driver (car school or other driving lesson), transport or towing of other vehicles, trailers or other objects, for participation in motor sports sporting events, for the commission of any criminal offense or offense prescribed by the positive regulations of the Republic of Croatia .
- that the hired vehicle is used only for his / her own purposes in accordance with the contract and the purpose of the thing or the rented vehicle and that the leased vehicle is managed by itself, the person next to it in the CONTRACT is listed as an additional driver or a person having a written approval of OPTIMA RENT managing a rented vehicle. In accordance with the aforementioned, the use of the vehicle is prohibited: for the paid transportation of persons and / or cargo as a taxi service or other transport of passengers and / or goods not for their own use; further rent or use by any other person not listed in the CONTRACT, ie no written approval of OPTIMA RENT,
- that the entire rental period meets certain conditions relating to valid documents or appropriate examinations for the management of the hired vehicle,
- to deal with the rented vehicle with the care of a good host / businessman and in accordance with the appropriate technical and other instructions, recommendations and good practice, and in particular that the hired vehicle when leaving it is always properly locked with closed windows and that the keys and documentation of the vehicle are always under his / her personal control. The USER also takes care that the vehicle is not overcrowded by passengers, luggage and / or goods, in accordance with the manufacturer’s technical documentation, or improperly loaded in violation of the applicable regulations. USER can not operate a vehicle when the vehicle is not in running order or is technically impeccable and he / she knows or should know that depending on the legal regulations and general well-known facts,
- that the rented vehicle is prohibited to operate if the USER – driver is under the influence of alcohol, drugs, narcotics, sedatives, sleeping pills or other psychoactive substances under influence of which it is not recommended or is forbidden to drive. Transport of flammable and / or dangerous substances is prohibited,
- that the rented vehicle is operated in accordance with traffic regulations and in accordance with weather conditions and road conditions. Upon the termination of the CONTRACT, the User shall also be held liable for traffic offenses, improper parking or other violations of the regulations during the lease,
- that the hired vehicle does not drive outside the borders of the Republic of Croatia without the prior consent of OPTIMA RENT, otherwise the fee will be charged for crossing the border without the consent of OPTIMA RENT in the amount of HRK 3,850.00 + VAT. In the event of a violation of the cross-border and territorial limitations of the use of the vehicle, all paid accessories for USERS under these Terms shall expire,
- that without the written consent of OPTIMA RENT, modification, processing, finishing and other work on the vehicle are not permitted,
- that the interior of the rented vehicle must be returned in the condition it has been taken in and that it will comply with the ban on smoking and the prohibition of the pets being transported.Otherwise the USER pays the Compensation Fee for the ban on smoking in the vehicle and / or the impurity of the interior being charged according to the valid OPTIMA RENT’s Price List,
- that the use of the hired vehicle for other purposes which are not in accordance with the CONTRACT, this TERMS and the applicable regulations, and for other purposes, is prohibited if it would endanger or hurt the OPTIMA RENT’s proprietary rights.
In the case of damage to the vehicle for failure to comply with any of the terms of the CONDITIONS, the User is obliged to compensate for all such damage incurred as a result of any incidental expenses and any lost profits due to the inability to perform the basic activity of a particular vehicle that would suffer from OPTIMA RENT and who may in this case seek an early termination of the CONTRACT with all consequences resulting from the CONTRACT and these CONDITIONS.
VEHICLES IN RENTAL
THE USER may take over the vehicle after signing the CONTRACT and these CONDITIONS and meeting the requirements and formalities that arise from them. The USER states that the business conditions and conditions for extradition of the vehicle are fully known to him.
By signing the check-out record of the vehicle accompanying the CONTRACT and recording the condition of the vehicle and fuel, the USER takes over the vehicle and obtains the right to operate the vehicle.
OPTIMA RENT is handing over, USER takes the vehicle:
- in proper condition, suitable for contractual use, technically impeccable and in principle free of defects,
- with prescribed equipment
- registered and insured (valid without or with a franchise),
- as a rule with a full fuel tank,
- with original documents, in the form of a copy of the license and insurance policy
If a vehicle may be damaged (scratches and similar) or there is more equipment in the vehicle or a lower fuel level, this is recorded in the «check out» vehicle takeover record.
Upon taking over the vehicle, the User is obliged to immediately check the condition of the vehicle, equipment and documentation, later complaints will not be considered. By signing The vehicle take-over check out record, the USER states that the vehicle and all the documents have been carefully checked out. The USER confirms by means of a signature that the vehicle is entirely in accordance with the purpose for which he / she intends to use it and that there are no additional requirements in this regard to OPTIMA RENT.
All risks related to the vehicle, equipment and documentation, including the risk of destruction, damage or loss, and liability to third parties from the takeover of the vehicle until its return to OPTIMA RENT, are solely the risks of the USERS.
OPTIMA RENT shall not be liable for any damage sustained by the User due to delays in the delivery of the vehicle as well as for any damages that would result to the User due to a malicious event or any failure on the vehicle during the lease and consequently the inability to use the vehicle.
DURATION OF THE RENTAL
The shortest rental period is 24 hours, and as a rule it will last or expire at the time stipulated in the CONTRACT.
USER may request the extension of the contracted lease term as well as any other changes in the rent from OPTIMA RENT, either in person or in writing, at least 24 hours before the expiry of the rental period, otherwise OPTIMA RENT is authorized to report the disappearance of the leased vehicle.
If the USER continues to use the vehicle without the written permission of OPTIMA RENT or does not return the vehicle as agreed, he / she is obligated to pay OPTIMA RENT twice the daily rental price according to the valid Price List for an arbitrarily extended time, plus daily allowances, other rental obligations. It is considered that the USER has been late or arbitrarily extended the time of return of the vehicle if the vehicle is returned in a time longer than 59 minutes after the lease expiration. In that case, the rental will cease with the return of the vehicle or the takeover of the vehicle to its possession by OPTIMA RENT (withdrawal without the will and / or presence of the USER).
In the event of a pecuniary incident or in the event of a vehicle failure, the rental expires on the date when the USER has informed OPTIMA RENT in person or in writing and has acted in accordance with the provisions of these TERMS in this respect (item IX).
If the USER is late for 60 minutes longer than the agreed return time of the vehicle, it is considered that he has been late one full day and will be charged an additional daily rent, daily allowances, incurred costs and any other obligations for an additional rental day.
RETURNING THE VEHICLE FROM THE RENTAL
The User is obliged to return the vehicle with all the accompanying accessories, equipment and documents after the termination of the lease to the place and within the deadline determined by the CONTRACT or earlier upon OPTIMA RENT request.
THE USER undertakes to return the vehicle in the state in which it has been received, which is based on the normal use of the vehicle, properly maintained, cleaned (inside and outside), full fuel tank, free of his / her belongings and the belongings of third parties and fully ready for normal use.
When the vehicle is returned, a “check in” vehicle return record is recorded, in which the vehicle status is recorded.
In case of returning outside of working hours without the presence of OPTIMA RENT, the User is responsible for the vehicle until the time of the takeover of the vehicle by the OPTIMA RENT employees and the CLOSING of the lease of the vehicle and expressly accepts the “check in” Vehicle Restore Record to be compiled by OPTIMA RENT without its presence, where each new damage will be recorded and the same will be charged with an authorized amount on the USER credit card in accordance with the contractual billing insurance.
In the event that the USER does not return the vehicle in accordance with the terms of the Agreement, the User agrees in advance and without protest that OPTIMA RENT has the right (if possible) to take the vehicle in his / her possession without the will and / or presence of the USER, and acknowledge the » check in «Vehicle Status Record, which is compiled by OPTIMA RENT. In that case, the User shall expressly and unconditionally waive any pleadings arising out of the restriction of the property or other rights of self-help and shall waive the right to object to the “check in” vehicle return record.
If you change the USER’s return location without the written permission of OPTIMA RENT, you agree to pay OPTIMA RENT the Fee for arbitrarily changing the return location of your vehicle as prescribed by the applicable Price List.
REVIEW OF VEHICLES AFTER LAST REVENUE OR REDUCTION
If OPTIMA RENT after taking the vehicle (purity, fuel level, mileage, apparent damage, etc.) or on the basis of a detailed vehicle inspection, carried out within 15 (fifteen) days after the return or withdrawal of the vehicle, assesses that the condition of the vehicle registered in the “check in” The vehicle return record is not appropriate or the vehicle condition deviates from the condition recorded in the “check out” of the Vehicle Takeover Record or used by the USER contrary to the provisions of this CONTRACT, OPTIMA RENT has the right to make all necessary repairs and perform other actions at the expense of the USER in order to return the vehicle to its original condition.
If due to negligence of the USER, damage to the engine or drive mechanism of the hired vehicle is caused, due in part to the absence of a motor oil, gear or differential oil, refrigerant leakage agents, damage to the crankshaft, clutch or any damage to the underside of the vehicle, damage or theft of tires, rims and wheel covers or other characteristic faults caused by negligence of the USER, OPTIMA RENT is compensated by the USER:
1. the entire amount of vehicle repair,
2. the amount of lost earnings due to non-use of the vehicle for repair,
3. daily rental fee according to the valid price list.
Cost under item 2 and 3 USER pays for each day of unused vehicle due to repairs, but up to 30 days.
Vital parts of the vehicle are marked with factory numbers. If OPTIMA RENT determines that any part is missing or has been replaced, it is entitled to charge the USER for any damages payable in the amount as per the previous paragraph.
If the USER does not supply all the equipment and / or received documents, he / she is obligated to reimburse OPTIMA RENT all the costs for their new equipment. Missing equipment is charged at the expense of the supplier increased for the manipulative cost of purchase, while the cost of reporting and reworking the lost accompanying documentation for the leased vehicle is charged according to the valid price list of OPTIMA RENT.
The User is also responsible for all other damage to the vehicle caused by non-compliance with the provisions of this AGREEMENT.
In the event of a disagreement on the condition of the vehicle after its return or withdrawal, the vehicle status is determined by the Authorized Service Provider or the Estimator at the expense of the USER.
A DAMAGE CASE, MALFUNCTION ON A RENTED VEHICLE
In an accident, or in the case of a car accident, damage, destruction, seizure or theft of a vehicle, such as an elemental disaster or fire event, or if the vehicle is involved in any accident (in these CONDITIONS hereinafter referred to as damage case), which could lead to dispute between OPTIMA RENT and USER or between OPTIMA RENT and third parties USER is obliged to:
- immediately and at latest within 4 (four) hours, inform and make a statement to the nearest OPTIMA RENT office on the incident and proceed according to the instructions,
- immediately report the case to the police (PU), preserve the evidence until the arrival of the PU staff and request a record of the event,
- to ensure the vehicle does not decay and does not suffer any more damage until its takeover by OPTIMA RENT.
Any cost of a damage case for which no PU record has been made and no statement made by the USER or if the vehicle is not followed by the attention of a good host / businessman, is fully COMPAGNIE, regardless of whether the USER has accepted and paid an addendum to reduce liability for damages, and regardless of the guilt on the USER side for an adverse event.
If, due to the negligence of the USER, the vehicle is stolen during the lease period, the User reimburses the value of the rented vehicle less the amortization to OPTIMA RENT. THE USER will reimburse OPTIMA RENT, apart the value of the leased vehicle deducted for depreciation, which is the subject of the lease, also the lost profit that OPTIMA RENT has due to the lack of a vehicle. The same shall apply if the User can not return or return the rented vehicle for any reason for 48 hours upon completion of the lease.
In the event of malfunction of the hired vehicle, the User is obliged to:
- inform and make a statement to the nearest OPTIMA RENT branch office about the incident and act according to the instructions,
- to ensure the vehicle does not decay and does not suffer any more damage until its takeover by OPTIMA RENT if OPTIMA RENT and USER do not agree otherwise.
In an accident or a case of failure, the User is entitled to free transportation from an accident site or vehicle replacement only if these costs are covered by the insurance.
If the User does not comply with these provisions, at OPTIMA RENT’s request he / she is required to pay the full amount of repair of the leased vehicle resulting from a damaging event occurring during the CONTRACT, as well as any other losses suffered by OPTIMA RENT due to such damages, including the lost amount of daily rent as a result of unused vehicle repairs and up to 30 days.
The USER will only pay the participation in the damage (franchise) stated in the valid Price List and in the event of any damage and / or loss of any mechanic part of the leased vehicle, if the amount of damage and / or loss is less than the amount of the franchise.
PARTICIPATION IN DAMAGES (FRANCHISE)
The vehicle is insured in accordance with the applicable regulations of the Republic of Croatia and insurance policies and in relation to the USER to the extent agreed upon by the CONTRACT (with or without the franchise, regardless of the actual insurance). The vehicle was only insured for the duration of the rent in relation to the USER. Upon expiration of the rental, except in the case of extending the rental, the vehicle is deemed not to be insured and the USER is fully responsible for traffic accidents or other damages, theft or destruction of the vehicle and its parts and is liable to pay all damages, regardless of the actual insurance of the vehicle .
Participation in damage (franchise) can be redeemed by paying franchise discounts according to the current Price List (SCDW +). CDW and TP do not cover damages and losses incurred in risky territories and / or war zones, nor in the case of a leased vehicle used outside the boundaries of the Republic of Croatia without the written consent of OPTIMA RENT. CDW and TP do not cover Damage Compensation in the amount of HRK 616.00 + VAT. By paying the PAI, driver and passengers are insured for death and disability to the amounts prescribed by the insurance company where all OPTIMA RENT vehicles are insured. Acceptance of CDW, TP and SCDW + and / or WUG does not reduce the material liability of the USER for damages if it fails to comply with these established Terms and Conditions, ie the provisions of Sections IV, VIII. and IX. of these CONDITIONS.
It is NOT covered by the USER’s liability for damages caused to the leased vehicle and the assets of other legal and natural persons, as well as those persons, committed intentionally under the influence of alcohol or drugs, driving without a prescribed driver’s license or during a driving ban (seized driver as well as in cases where there were more persons in the vehicle than the number of registered seats and in other circumstances provided by the insurance policies which the USER has submitted to insight. The following risks are not covered: destruction of the car tires, rims or rim caps, and damage to the lower vehicle compartment, these can be purchased by paying the WUG supplement according to the valid Price list. There are no covered damages occurring in risky areas or in war zones, nor in the case of a car used outside the borders of the Republic of Croatia, in transit, on the ferry and on the islands, without the written consent of OPTIMA RENT.
By signing the CONTRACT, THE USER assumes the full responsibility and gives OPTIMA RENT permission to charge the credit card holder (or some other way of payment), to pay for any repair, failure, loss, franchise or full amount of damage if he or she fails to comply with these terms, including and those discovered after the vehicle has been returned and the USER has not reported OPTIMA RENT in accordance with the procedure for return and inspection of the vehicle.
TERMS OF PAYMENT
The User undertakes to pay OPTIMA RENT on his / her call immediately and within 8 (eight) days at the latest to pay the daily rental amount by the agreed rate, additions (related to reduction of liability for damage, franchise, accessories and services) as incurred costs that are charged according to the valid Price List and other charges (damages, fees, …) charged by the USER in accordance with these Terms. In the event of a delay the User is obliged to pay OPTIMA RENT a statutory default interest, as well as all the actual additional costs (warnings, attorneys’ fees, court costs, …).
If USER settles the costs by direct payment to OPTIMA RENT account, it is obliged to do so within the indicated payment period.
If USER settles his obligations with a credit card, the USER by CONTRACT grants OPTIMA RENT the right to charge rental costs directly to the card issuer based on the credit card slippage.
By signing these TERMS, USER agrees that, on the expense of his / her credit card or any other means of payment, OPTIMA RENT will pay all repairs, damages or losses that have been discovered after the vehicle has been returned and the USER has not reported OPTIMA RENT according to the procedure on return and inspection of the vehicle. By signing this agreement, the User is aware of the fact that OPTIMA RENT is not responsible for the duration of authorization on the USER credit card and that the release of authorized funds depends solely on the rules of the credit card holder’s bank.
COSTS COMPENSATED TO THE USER
OPTIMA RENT will compensate the USER for the necessary expenses for oil, lubricant, regular servicing and light repairs, which were incurred during the lease except for the cost of washing the rented vehicle and based on the invoice shown on the payment made. The receipt must be named to OPTIMA RENT and will be accepted by OPTIMA RENT if it’s paid by cash to a legal person. If it is found that the USER has incorrectly replaced some of the parts, parts or devices on the vehicle, OPTIMA RENT will not pay the value of that part, assembly, or appliance to the USER. To compensate for the above costs, the User must obtain the consent of the authorized OPTIMA RENT, otherwise no compensation will be available. In case of vehicle failure within the Republic of Croatia and / or abroad, the User is obliged to contact the branch office for repair or replacement of the vehicle. In cases where the USER obtains OPTIMA RENT’s approval for vehicle repair and / or vehicle damage repair, the CONTRACTUAL CONTRIBUTION will compensate for the cost of repairs upon presentation of the original receipt of the authorized service and part of the vehicle replaced by a failure. When crossing the state border the USER is obliged to present a customs officer’s bill on the certification. OPTIMA RENT is not held responsible for the damage or loss of CORRESPONDENCE to or on a leased vehicle.
FUEL, MILEAGE AND COMPLIANCE WITH TRAFFIC RULES
Fuel is not included in the rental price. The USER charges the fuel costs spent during the lease and is responsible for fueling. In case the USER returns a vehicle with a lower fuel quantity, OPTIMA RENT reserves the right to charge fuel and fuel prices according to the current OPTIMA RENT Price List.
The mileage at the time of the lease is determined according to the factory-installed and sealed mileage meter.
Access to the mileage meter and / or instrument panel is not allowed to the USER. In the event of a kilometer mileage fault, the User is obliged to immediately notify the nearest OPTIMA RENT branch office and proceed according to the instructions, otherwise he / she is obliged to pay the daily rental fee of the vehicle without any mileage limitation according to the valid OPTIMA RENT Price List.
THE USER is responsible for and assumes all obligations arising from non-compliance with traffic regulations, improper parking or other breaches of regulations during the lease of the vehicle and for any damages related thereto. THE USER undertakes to pay all penalties without the intervention of OPTIMA RENT, and if this is not possible immediately upon his invitation. If the User CORRESPOND grants his credit card obligations, the USER explicitly authorizes OPTIMA RENT to release, without prior notice, the collection of all traffic offenses and parking and other penalties resulting from the violation of the positive regulations of the Republic of Croatia or certain laws of the country in which the vehicle is driven, committed for the duration of the lease, irrespective of when it is determined or due, increased for any manipulative costs, charged with the credit or debit card listed on the front of the CONTRACT.
LOSS OF ASSETS
OPTIMA RENT does not respond to the USER’S ASSETS and / or third party property that would be left in the vehicle or OPTIMA RENT’s premises. Upon signing the Agreement, the User expressly waives any claim arising from the aforementioned losses and consequently damages.
USER is fully responsible for any loss of OPTIMA RENTA’s property entrusted to him under the CONTRACT, such as vehicle keys, documents, etc. In the event of a loss during the lease, all costs of making duplicates are EXPENDITURE ONLY, including the cost of delivery, all in accordance with the OPTIMA RENT Pricelist.
Only those modifications and supplements made in writing are justified.
Any breach of these TERMS constitutes a breach of the CONTRACT provision and is a sufficient reason for the early termination of the CONTRACT.
Possible nullity or affection of certain provisions of the CONTRACT, may not result in nullity or cancellation of the entire CONTRACT. The same applies to gaps that may have arisen in the application or interpretation of the CONTRACT. NON-CURRENT OR DISPUTED PROVISIONS as well as the gaps IN CONTRACT will be superseded by the provisions of the CCP, which are closest to the meaning and purpose the contracting parties had at the conclusion of the CONTRACT, and in particular the provisions of the Mandatory Relationship Act.
In case of inconsistency between the provisions of these Terms and Conditions and the Contract, the TERMS will override.
In the case of a dispute by the parties, the jurisdiction of the court in the headquarters of OPTIMA RENT is contracted.