Rental Regulations

číslo smlouvy:
(dále jen ,,Smlouva”)

1. The Borrower, by his signature in the Contract, confirms that he has taken over from the Lender the vehicle specified in this Contract for use, in proper condition, equipped with the normal accessories supplied by the manufacturer to the vehicle, the mandatory equipment and a full tank of fuel (hereinafter referred to as “the vehicle”), that he has been acquainted with the vehicle’s operating technique. The Borrower also acknowledges his obligation to return the Vehicle to the Lender with a full tank of fuel.

2. The Borrower is obliged to ensure that there is no excessive wear and tear or destruction of the functional parts of the vehicle, as well as to check the condition and temperature of the coolant, the condition of the oil, tyres and other parts of the vehicle that are subject to routine inspection during the operation of the vehicle.

3. Failure to comply with the prescribed maintenance, in particular, but not limited to, point 2.of these Rental Regulations, if this results in damage to the vehicle, the borrower is obliged to pay the lender for any damage incurred.In the event of damage to or excessive soiling of the interior of the vehicle, the lender shall be entitled to claim from the borrower full compensation for the costs of repair, special cleaning or disinfection of the vehicle.

4. The Borrower may not transfer the vehicle to a third party for use, unless this is expressly stated in the contract, may not participate in competition rides or training for them and may not make unjustified interventions in the vehicle aggregates.For violation of this clause 4.The Borrower shall be fully liable to the Lender, including the obligation to fully compensate for any damage resulting from a breach of this provision.

5. The Borrower is obliged to return the vehicle to the Lender in the same condition in which the Borrower received the vehicle from the Lender and to pay the Lender the agreed amount for the loan of the vehicle within the time limit set by the Lender.The borrower undertakes to return the vehicle at a place specified by the lender.If the vehicle is returned outside the place so designated (see the previous sentence of this Article 5), the borrower undertakes to reimburse the lender for the costs of transporting the vehicle back to the place designated by the lender.Likewise, if the Borrower wishes to have the vehicle delivered to another pre-determined location, the Borrower shall pay the costs of delivering the vehicle to a location other than the one designated by the Lender.

6. The Borrower is obliged in the event of any traffic accident, in which damage to the vehicle, or.In the event of any accident or injury to persons, ensure the presence of the Traffic Police and remain on the scene until the arrival of a responsible employee of the lender.

7. In the event of a crash or theft of the vehicle, the borrower shall immediately report this fact to the nearest Traffic Police Department, and in the event of a vehicle breakdown, the borrower shall report this fact to tel.The borrower shall report the incident to the lender at +420 773 582 143, where he/she shall agree with the lender on the next course of action.

8. The risk of damage to the vehicle is transferred to the borrower upon the borrower taking over the vehicle from the lender.The borrower undertakes to use the vehicle properly in accordance with the manufacturer’s instructions and to secure it so that no damage is caused.In the event of damage to the vehicle, the borrower is obliged to reimburse the lender, even if the damage was caused by third parties without the borrower’s fault (any damage to the vehicle other than damage covered by the breakdown insurance).

9. The vehicle is insured against accident, theft, natural disaster and vandalism.If the damage is not caused by the borrower, the borrower’s deductible is 0,- CZK, this means 0% deductible, since the client has paid the additional insurance.

10. The borrower is obliged to pump only the fuel prescribed by the manufacturer into the tank.The vehicle must not be extended for the purpose of starting.The vehicle may only be towed on towing service vehicles.Failure to comply with this provision of Art.10, the hirer shall be fully liable for any damage caused, including compensation.

11. The Borrower is obliged to pay the costs of replacing the lock or alarm in the event of loss of keys or alarm controllers.In case of loss of the vehicle document (vehicle registration certificate part I. and/or II., green card) the borrower shall pay the lender an administrative fee of CZK 500,- CZK.

12. The lender is legally obliged to check the borrower’s ID and driving licence.He shall enter the information found in the contract.

13. If the Borrower uses the vehicle after the date by which the vehicle should have been returned to the Borrower, this will be considered as unauthorised use of another’s property and a criminal complaint will be filed with the Police of the Czech Republic.The Lender is entitled to charge the Borrower the amount for the loan of the vehicle even for the days when the vehicle was used illegally, according to the agreed daily rate specified in the contract or according to the price list for the loan of the vehicle, which was communicated to the Borrower by the Lender before signing the contract.

14.In the case of long-term rental of the vehicle, the borrower is obliged to attend a regular free oil and filter change, always after 15,000 km, but no later than upon notification by the vehicle’s on-board computer.

15.The Borrower shall be obliged to pay all costs associated with establishing this fact, finding the vehicle, repairing the vehicle, etc.

16. The Borrower is obliged to observe the driver’s duties and the rules of road traffic set out in Act No. 361/2000 Coll., on Road Traffic, as amended. In the event that the Borrower, by his/her own conduct or the conduct of a person to whom the Borrower has lent the vehicle for use, violates any of the provisions of this Act, the Borrower undertakes to pay in full any penalty imposed by the competent authority as a result of the aforementioned conduct. If a sanction is imposed for an administrative offence under Section 125f(1) of the Road Traffic Act, i.e. that the operator of the vehicle has failed to ensure that the driver’s duties and the rules of road traffic are observed when using the vehicle on the road, the borrower undertakes to pay the sanction in full if the offence was committed during the term of the legal relationship under the contract.

17.The Borrower shall be fully liable for all offences and other administrative offences as well as criminal offences committed with the vehicle or with its assistance during the term of the contract, even if committed by a third party to whom the Borrower has entrusted the vehicle for use in violation of clause 4.of these Rental Regulations.If the borrower fails to pay any penalty within the meaning of these Rental Regulations and if the vehicle operator is obliged to pay such penalty on behalf of the borrower, such penalty paid shall be recoverable from the borrower.

18. By signing the contract and with regard to the previous provisions of these Rental Regulations, Jähnke Rent a car s.r.o. declares that it is aware of the protection of personal data of natural persons under Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27.April 2016, General Regulation on the protection of personal data and on the free movement of such data (hereinafter referred to as the “Regulation”), including, where applicable, the adopted national legislation of the Czech Republic in the field of protection of personal data of natural persons.When processing the personal data of natural persons from the concluded contract, the Company proceeds in accordance with the Regulation and the future adopted legislation of the Czech Republic, where the purpose of processing is the provision of the agreed services, controls related to the provision of services, record keeping and statistics, and in the exercise of mutual rights and obligations arising from the legislation, only to the extent that is strictly necessary for these purposes.By signing the contract, including its relevant annexes, the Borrower confirms that he has been informed of his rights under the Regulation and that he has been informed of the manner in which he may exercise them.

Condition for the Effectiveness of the Lease Agreement and Consequences of Payment Cancellation

19. The lease agreement is concluded upon signature by both contracting parties. The provisions of this article, including the lessee’s obligation to make the agreed payments, become effective upon signing of the agreement. However, in accordance with Section 548 of the Czech Civil Code, the creation of the lease relationship, the lessee’s right to take over, hold and use the vehicle, and the lessor’s obligation to hand over the vehicle are subject to the fulfilment of the condition precedent set out below.

20. The condition precedent for the effectiveness of the lease agreement is the complete and actual crediting of the entire agreed rental fee, the refundable security deposit and all other payments specified in the lease agreement to the lessor’s bank account, whereby the credited funds must be available to the lessor without any restriction. All payments must be credited no later than the agreed time of vehicle hand-over.

21. In particular, the following shall not be considered payment:21. Za zaplacení se nepovažuje zejména:

a) the entry or sending of a payment order,
b) the debiting of the amount from the lessee’s account or the account of any other person,
c) a payment marked as pending, processing, blocked, reserved or incomplete,
d) a confirmation, PDF document, e-mail, SMS, photograph or screenshot purporting to prove that a payment has been made,
e) the presentation of a confirmation issued by a bank, payment institution, Revolut or any other payment service provider,
f) a payment that the payer or the payment service provider may still cancel, revoke or return.

The sole determining factor is the actual state of the lessor’s bank account and the actual crediting of the entire agreed amount.

22. If the entire agreed amount is not actually credited to the lessor’s bank account by the specified deadline, the condition precedent shall not be fulfilled, the lease agreement shall not become effective, and the lessee shall not acquire any right to take over, hold or use the vehicle. In such a case, the signed agreement shall not constitute a legal title entitling the lessee to use the vehicle.22. Nebude-li celá sjednaná částka ve stanoveném termínu skutečně připsána na bankovní účet pronajímatele, odkládací podmínka nebude splněna, nájemní smlouva nenabude účinnosti a nájemci nevznikne žádné právo vozidlo převzít, držet ani užívat. Podepsaná smlouva v takovém případě nepředstavuje právní titul opravňující nájemce k užívání vozidla.

23. A payment credited after the agreed deadline has expired shall not result in the subsequent effectiveness of the agreement, unless the lessor expressly confirms its acceptance and the effectiveness of the lease agreement in writing.

24. Any actual handover of the vehicle prior to the actual crediting of the entire agreed amount shall not, in itself, be considered confirmation of the effectiveness of the agreement, a waiver of payment, a change to its due date, or a waiver of the condition precedent. An exception is possible only on the basis of a written amendment signed by a person authorised to act on behalf of the lessor.

25. If, after the agreement has become effective, the entire payment or part thereof is cancelled, returned, revoked, charged back, blocked or otherwise withdrawn from the lessor’s account for reasons attributable to the lessee, the payer, or the payment instrument used, the contracting parties agree that this constitutes a condition subsequent. Upon fulfilment of this condition, the lease relationship and the lessee’s right to use the vehicle shall automatically terminate.

26. In the case described in the preceding paragraph, the lessee shall immediately cease using the vehicle and, upon the lessor’s first request, shall promptly hand it over at the location designated by the lessor. Any further use of the vehicle shall be considered use without legal grounds. This shall not affect the lessor’s right to payment of any outstanding amounts, compensation for damages, surrender of unjust enrichment, or the taking of any further legal steps aimed at recovering the vehicle.

27. The presentation of a forged, altered or false proof of payment shall be considered a particularly serious breach of the lessee’s obligations. In such a case, the lessor shall be entitled to refuse to hand over the vehicle, to demand its immediate return, to claim compensation for any damage incurred, and, depending on the circumstances, to report the suspected unlawful conduct to the competent authorities.

28. The same rules shall also apply to any extension of the lease. An extension shall become effective only if the entire rental fee for the further period is actually credited to the lessor’s account no later than before the end of the already paid rental period.

Issued in Prague on 1 October 2018 10. 2018