1. Use of the vehicle

1.1. The Commercial Lessee shall be obligated to use the vehicle according to the ordinary procedure that has been prescribed for it and use the vehicle prudently.

1.2. The Commercial Lessee may transfer a right to drive to a third person only with a written agreement of the Commercial Lessor. Upon transfer of a right to drive, the Commercial Lessee shall be liable for the Commercial Lessor.

1.3. It shall not be allowed to use the vehicle for the towing of other means of transport, for a driving lesson, as a means of motor sports or for the provision of fee-charging service.

1.4. While parking the vehicle, the Commercial Lessee shall be obligated to follow manner of parking and general traffic safety, not leave items and things in the vehicle that may tempt third persons to commit crimes, lock the doors and switch on burglar alarm. The Commercial Lessee shall be obligated to do everything depending on himself/herself/itself in order to avoid the falling of keys into the possession of third persons.

1.5. It is recommended, at the beginning of the commercial lease, for the Commercial Lessee to inspect the vehicle in order to identify possible impairments and enter a corresponding notation in the commercial lease contract. An absence of these notations in the commercial lease contract shall preclude the right of the Commercial Lessee to submit later complaints with respect to the impairments of the vehicle.

1.6. The Commercial Lessee shall be obligated to follow that there is a valid insurance policy and survey regarding the vehicle. The Commercial Lessee shall be obligated to notify the Commercial Lessor in time of the expiry of the insurance policy and survey. The fines imposed to the Commercial Lessee due to the failure to notify of the above-mentioned circumstances shall be paid by the Commercial Lessee and the Commercial Lessor shall not be obligated to compensate for them.

1.7. The Commercial Lessee may not exit with the vehicle the borders of the Republic of Estonia without a written agreement of the Commercial Lessor.

1.8. The Commercial Lessee shall be obligated to follow with special care all traffic rules and traffic safety requirements and do everything depending on himself/herself/itself in order to prevent the emergence of possible damages.

1.9. It is not allowed to smoke in the vehicle. In the case of ignoring this prohibition, the Commercial Lessee shall be obligated to pay contractual penalty in the amount of 64 EUR.

1.10. If the Lessee cancels the commercial lease less than 5 days before the beginning of the lease, the Lessor has the right to request a cancellation fine of 64 EUR.

1.11. The Lessee is aware that the rental vehicle is equipped with a GPS device, which enables the Lessor to track the movement of the rental vehicle and by signing this contract the Lessee has agreed on the Lessor’s right to do so.

2. Liability of the Commercial Lessee

2.1.1. The Commercial Lessee shall be obligated to compensate, within lease period, for the damages caused to the vehicle or its equipment that are not compensated by the insurance company.

2.1.2. The Commercial Lessee shall be obligated to compensate in full for the parts that have left missing from the vehicle, that have fallen to pieces or that have been disabled.

2.1.3. If the vehicle is unusable and any circumstances preventing the use of the vehicle (e.g. an accident, act of vandalism, negligence or other damage to the vehicle that prevents the normal use of the vehicle) occurred at the time the vehicle was in the possession of the Lessee and through the fault of the Lessee, or the Lessee is in any other way responsible for the occurrence of such circumstances, the fact that the vehicle is unusable will not release the Lessee from the obligation to pay the rent under the rental agreement until the expiry of the rental period or until the circumstances that prevent the use of the vehicle are removed. All costs of removing the circumstances that prevent the use of the vehicle will be fully paid by the Lessee, unless they are payable by third persons (including insurers). The removal of the circumstances preventing the use of the vehicle include any repair work done in order to restore the vehicle to its condition at the time the Lessee took possession of the vehicle. If the circumstances that prevent the use of the vehicle occurred through the fault of the Lessee and cannot be removed by the date of expiry of the rental period, the Lessee will compensate the Lessor for lost profit for the period starting from the expiry of the rental period to the date the circumstances preventing the use of the vehicle are removed.

2.1.4. The Lessee will pay any fines, parking tickets, fines for road traffic offences, etc. that are imposed during the rental period. If the Lessee fails to pay the fines, the Lessor will have the right to demand compensation from the Lessee for the fines paid by the Lessor in an amount that is double the amount of the fine. The Lessor may also submit a claim for compensation after the expiry of the rental agreement and return of the vehicle, if the violation becomes evident subsequently. The Lessee will pay the claims referred to in this paragraph 2

2.1.5. The Commercial Lessee shall be obligated to pay the repair expenditure of the broken tyre in the sum of 20 EUR per one broken tyre or the substitution costs fully, if the tyre has been destroyed.

2.2. The Commercial Lessee shall be fully liable for the caused damages and/or the value of the vehicle if:

2.2.1. The vehicle has been driven in the state of being drunk or in the state of having   marks of alcohol consumption, in the state of fatigue or under the influence of some narcotic substance;

2.2.2. The vehicle has been used on purposes violating the law (crime etc.);

2.2.3. The damage arisen due to the violation of traffic rules and traffic safety requirements by the Commercial Lessee and the insurance company refuses to pay the insurance indemnity;

2.2.4. The damage has been caused by the violation of the term(s) of this contract;

2.2.5. If the insurance company reduces the insurance indemnity payable to the Commercial Lessor due to the violation of traffic rules or traffic safety requirements or due to any other activity (or a failure to act) of the Commercial Lessee, the Commercial Lessee shall be obligated to pay the part of the total value of the vehicle not covered by the insurance indemnity and compensate the Commercial Lessor for the caused damages.

2.2.6. If the insurance company refuses to pay insurance indemnity or if the loss event is not insured event, the Commercial Lessee shall comply without argument the obligation to pay the Commercial Lessor the pre-damage market value of vehicle and compensate for the damages caused to the Commercial Lessor.

2.2.7. If the Commercial Lessee and the vehicle are involved in a traffic accident due to which the factor of the Commercial Lessor’s insured risk increases, the Commercial Lessee shall pay onetime contractual penalty in the amount of 100 EUR.

2.2.8. If the vehicle has been stolen or robbed, the self retention of the Commercial Lessee shall be 15% of the total value of the leased vehicle plus two months rent, if the Commercial Lessee shall return the Commercial Lessor the documents of the vehicle, keys and the alarm remote control. If the Commercial Lessee does not return the Commercial Lessor the documents of the vehicle, keys and the alarm remote control, the Commercial Lessee shall be liable in the amount of the market value of the vehicle and shall be obligated to compensate the Commercial Lessor for the caused damages.

2.2.9. If the Commercial Lessee has lost the possession of the vehicle as a result of fraudulent conduct, the Commercial Lessee shall be liable for the Commercial Lessor in the amount of the market value of the vehicle plus two months rent. 

2.2.10. The Commercial Lessor shall have a right to demand from the Commercial Lessee for the violation of the prohibitions or non-performance of the obligations arising from this contract the contractual penalty of 200 EUR for each violation of the prohibition or each non-performance of the obligation, if a separate contractual penalty for the violation of some prohibition or non-performance of some obligation has not been prescribed in the contract.

2.2.11. All financial claims and obligations arising from this contract must be performed by the Commercial Lessee within two (2) days as of the receipt of a corresponding claim from the Commercial Lessor. 

2.2.12. The Commercial Lessor shall have a right to claim from and file whatever financial claim arising from this contract to the Commercial Lessee as soon as the extent of the claim has become evident, which claim the Commercial Lessee shall be obligated to pay according to clause 2.2.11. of the contract. The misdemeanour procedure, criminal procedure or insured event procedure shall not suspend or prevent the immediate performance of financial claims.

2.2.13. Any compensation for damages shall not exempt the Commercial Lessee from the obligation to pay rent for the days when the extent of the damages was clarified and the pre-damages situation was restored.

2.2.14. If the Commercial Lessee does not agree with the claim filed by the Commercial Lessor, or its size, he/she shall be obligated to submit, within 7 days, a reasoned objection to the Commercial Lessor. If the Commercial Lessee does not submit the objection within 7 days, the Commercial Lessor shall assume that the Commercial Lessee has agreed with the claim and its size.

3. If the Commercial Lessee does not pay whatever financial obligation arising from this contract on time, the Commercial Lessor shall have a right to demand a fine for delay for the payable sum in the amount of 0,5% per day for each delayed day.

4. The Commercial Lessor shall be obligated

4.1. To provide the Commercial Lessee with a vehicle which is in working order as well as its documents at the agreed time and location.

4.2. To perform regular maintenance works on the vehicle.

5. Fuel and inspection of the vehicle

5.1. The Commercial Lessee shall be obligated to return the vehicle with a full fuel tank, unless agreed otherwise by the parties.

5.2. The Commercial Lessee shall assure ordinary and everyday inspection over the general technical condition of the vehicle.

5.3. The Commercial Lessee shall be obligated to notify the Commercial Lessor immediately of the breakdowns of the vehicle occurred during the lease period.

5.4. If the breakdown of the vehicle does not enable to use the vehicle, the Commercial Lessee shall co-ordinate with the Commercial Lessor the service centre where the breakdown shall be eliminated.

5.5. The Commercial Lessee shall not be allowed to eliminate the breakdowns of the vehicle at a location chosen by himself/herself/itself without a prior agreement of the Commercial Lessor. If the breakdown of the vehicle has not been caused by the activities of the Commercial Lessee but whereas the Commercial Lessee has eliminated the breakdown at a location and in a cost not co-ordinated with the Commercial Lessor, the Commercial Lessor shall not be obligated to compensate the Commercial Lessee for the expenditures relating to the breakdowns or repairs.

6. Obligations of the Commercial Lessee in case of damages, accident or loss of possession

6.1. The Commercial Lessee shall be obligated to notify immediately the Commercial Lessor of the impairments of the vehicle, accident, robbery, fraudulent conduct, theft or any other circumstance that has exposed, or shall expose, the Commercial Lessor’s assets to risk or danger. The Commercial Lessee shall also be obligated, in the case mentioned in this clause, to notify immediately the police and /or rescue service.

6.2. If the Commercial Lessee does not act according to clause 6.1., he/she shall be held fully liable for the damages caused to the Commercial Lessor by it.

6.3. In case of accident the Commercial Lessee is not guilty of, the drivers involved in the traffic accident must document a suitable instrument concerning the event or call the police to the scene of an accident in order to fixate the traffic accident. In the case of failure to prepare the instrument concerning the traffic accident or in the case of failure to submit to the Commercial Lessor a copy of the layout of the scene of an accident prepared by the police, the Commercial Lessee shall be held fully liable for the damages caused to the Commercial Lessor, which claim shall be filed according to clause 2.2.12. of the contract.

7. Liability of the Commercial Lessor in case of a breakdown of a car

7.1. The Commercial Lessor shall not be directly of indirectly liable for whatever possible damages that may be caused to the Commercial Lessee by the accidental tampering of the car or by the tampering arising from natural attrition before the end of the lease period or after that and if in relation to the impossibility to use the vehicle in future the travel is disrupted or delays.

7.2. If possible, the Commercial Lessor shall provide, in the case mentioned in clause 7.1. of the contract, a replacement car. 

7.3. If the breakdown emerges during the lease period and there is no intentional or negligent behaviour by the Commercial Lessee in the emergence of the breakdown and the Commercial Lessor is not able to provide the Commercial Lessee with a replacement car, the Commercial Lessee may also demand discount in the amount not exceeding 10 per cent for the concluded lease period.

8. Return of the vehicle at the time prescribed in the Commercial Lease contract or earlier

8.1. The Commercial Lessee shall be obligated to return the vehicle at the agreed time and at the agreed location. If the Commercial Lessee does not return the vehicle and the Commercial Lessor goes after the vehicle itself or buys a service to return the vehicle, the Commercial Lessee shall be obligated to fully compensate for these costs.

8.2. If the Lessee returns the Vehicle outside of these hours he/she must comply with the out-of office-hours return instructions for that location. In case of out-of-office-hours return or when returning the vehicle keys and documents to Keybox the Lessee will remain fully responsible for the Vehicle until the Lessor’s representative has actually taken possession of the Vehicle.

8.3. In case the Lessee does not return the vehicle and the lessor accepts the vehicle without the Lessee’s presence, the lessee is obligated to accept the delivery-receiveing act that the Lessor compiled in the presence of atleast one witness. If the Lessee fails to return the vehicle keys and/or documents, the Lessor will add an additional day’s charges to the rental charges for each and every 24-hour period of delayed return till vehicle keys and/or documents are returned to the agreed return point.

8.4. In the case of exceeding the lease period without a corresponding agreement of the Commercial Lessor, the Commercial Lessor shall have a right to demand double rent for each exceeded day, unless otherwise agreed by the parties.

8.5. If the Commercial Lessee returns the vehicle before the time prescribed in the commercial lease contract or if the Commercial Lessor justifiably disrupts the contract, the Commercial Lessor shall not be obligated to return the prepayment paid by the Commercial Lessee, unless otherwise agreed by the parties.

8.6. The Lessor has the right to submit a claim against the Lessee concerning the returned vehicle within 7 days from the date of return, if faults or damages are discovered that the Lessor could not see in the course of usual visual inspection when accepting the rental vehicle.

9. Cancellation of the commercial lease contract

9.1. The Commercial Lessor shall have a right to cancel the commercial lease contract without giving a notification in advance and demand the immediate return of the vehicle, if it occurs that the Commercial Lessee violates the terms of the commercial lease contract, could not manage the operation of the vehicle, has submitted false data  upon the conclusion of the contract, has mislead the Commercial Lessor or if other circumstances emerge that could expose the leased vehicle or the interests of the Commercial Lessor to risk or danger.

9.2. If the Commercial Lessee does not pay the advance payment required upon the conclusion of the commercial lease contract by the agreed term and the commercial lease contract has been concluded, the Commercial Lessor shall have a right to refuse to transfer the vehicle to the Commercial Lessee until the performance of the financial obligation or withdraw from the contract.

9.3. If the Lessee fails to perform any financial obligation on time and has not paid off the arrears within 7 days from receiving a relevant notice, the Lessor has the right to cancel the agreement immediately without prior notice and to demand the immediate return of the vehicle. If the Lessee fails to return the vehicle immediately (i.e. within 5 hours), the vehicle will be recovered by recovery and collection services and the Lessee will fully compensate the Lessor for the costs of recovery. The Lessee is aware that upon failure to return the vehicle on the date of expiry of the rental period or the date of cancellation of the agreement the Lessor or the recovery and collection services will have the right to repossess the vehicle at any time and any place by using a second set of keys. The Lessee will return the keys and documents in their possession to the Lessor on the next day. If the Lessee fails to return the keys and/or documents to the Lessor, the Lessee the shall be obligated to pay contractual penalty in the amount of 300 EUR.

9.4. If the Commercial Lessor canceled the commercial lease contract due to reasons mentioned in clauses 9.1.; 9.2; 9.3, the Commercial Lessee shall be obligated to return the vehicle within the territory of the Republic of Estonia to the Commercial Lessor not later than within five (5) hours as of the notification forwarded orally or in a text-message format by phone or in any other manner by the Commercial Lessor concerning the cancellation of the contract. If the Commercial Lessee does not return the vehicle within five (5) hours and the parties have not agreed otherwise, the Commercial Lessee shall be obligated to pay the contractual penalty in the amount of 200 EUR and also pay as of the sending of the notification concerning the return of the vehicle double rent until the day of the return of the vehicle. The payment of contractual penalty and double rent shall not exempt the Commercial Lessee from the obligation to return the vehicle.

9.5. If the Lessee fails to return the vehicle on the date of expiry of the rental period or within 5 hours after the agreement is cancelled, the Lessee will fully compensate the Lessor for all costs incurred in relation to repossessing the vehicle. If the Lessee fails to return the vehicle immediately, the Lessee will pay, in addition to compensating for the costs, a penalty of EUR 400.00. The payment of the penalty will not release the Lessee from the obligation to compensate for the costs and vice versa.

9.6. If the Commercial Lessee does not return the vehicle on the day the lease period ends or within 5 hours after the cancellation of the contract, a debt-collection agency shall be tasked with the return of the vehicle and the expenses relating to the  debt-collection agency shall be fully compensated by the Commercial Lessee to the Commercial Lessor.

10. Guarantor’s undertaking

10.1. The guarantor shall assume full solidary liability for the case the Commercial Lessee does not perform the obligations arising from the commercial lease contract.

10.2. The guarantor shall also be held fully liable if the Commercial Lessee as a legal person  is terminated, liquidated or if the Commercial Lessee goes bankrupt or is being  rehabilitated and the obligation of the Commercial Lessee thereby decreases or terminates.

10.3. In addition to the principal claim arising from the commercial lease contract, the guarantor shall also be held liable for the accessory claims (including fine for delay, contractual penalties, damages including loss of profit and other obligations of the Commercial Lessee arising from the commercial lease contract) up to the limitation on the liability.

10.4. The guarantor shall confirm that he/she has read the commercial lease contract and general terms and has understood the obligations assumed by the contract.