FinEst Annex to the Car Rental Contract

This car rental contract (Contract) has been concluded between the Owner and the Lessee under the main terms and conditions set out on the cover page of the Contract on the date and year presented on the cover page. The Contracting Parties declare the specifications of the Asset, the price and the direct, unconditional and essential nature of the conditions of the Contract set out on the cover page of the Contract. Taking into account that the Lessee is interested in renting the Asset set out on the cover page of the Contract, the Owner and the Lessee have agreed as follows:

I. General conditions

1.1. The Contracting Parties are persons who are according to the legislation of the Republic of Estonia in possession of all of the rights, powers and legal capacity arising from it to fulfil their obligations under the Contract.
1.2. The Asset belongs to the Owner under ownership rights and the Lessee cannot become the owner of the Asset under this Contract. Stemming from the above, the Lessee does not have the right to dispose, pledge nor encumber the Asset with any liability.
1.3. This Contract creates legal, valid, binding obligations to the Contracting Parties to ensure that the Contracting Parties comply with the conditions of the Contract in an appropriate and complete manner. The Contracting Parties declare the direct, unconditional and essential nature of obligations under the Contract until the expiry or early termination of the Contract.
1.5. All such contracts and agreements that are concluded by the Lessee with Third Parties until the termination of the Contract, which state the use of the Asset without the written approval of the Owner, are contrary to the Contract and therefore invalid.
1.6. Using the vehicle during the rental period, except when the Owner has not notified otherwise in the offer or in any other form that can be reproduced, is prohibited:
1.6.1. beyond the designated roads;
1.6.2. for towing;
1.6.3. for driving lessons;
1.6.4. as a means in motor racing.
1.7. In the vehicle, except when the Owner has not notified otherwise in the offer or in any other form that can be reproduced, it is prohibited to:
1.7.1. smoke;
1.7.2. eat;
1.7.3. transport pets;
1.7.4. do other activities that might damage or stain the interior of the vehicle.
1.8. Fuel is not included in the rental price. The Lessee shall obtain the fuel necessary for the use of the vehicle.
1.9. Former declarations of will, behaviour or agreements between the Parties are not deemed to be part of the Contract.
1.10. The Contract will not be extended under any circumstances for a new rental period if the vehicle has not been returned on time.
1.11. The vehicle can be returned before the deadline by agreement of the Parties. In the case of an early return of the vehicle, the Owner does not have the obligation to refund the Lessee for the paid rent, even partially.
1.12. If the Parties have not marked into the legal instrument of delivery and receipt any visible damages, faults, etc. to the exterior of the vehicle, it is deemed that the damages, faults, etc. fixed at the time of return have happened during the rental period.
1.13. The Lessor cannot for whatever reason or under any grounds withhold the vehicle from or not return it to the owner after the end of the rental period.

II. The rights and obligations of the Owner and the Lessee:

2.1. The Owner undertakes to:
2.1.1. comply with all of the agreements concluded in the Contract between the Parties;
2.1.2. hand over a maintained and functional vehicle with a valid insurance in the agreed integrity and condition by the deadline and for the period agreed upon in the required documents;
2.1.3. accept the vehicle at the end of the rental period from the Lessee at the agreed place (place of delivery) and time. The Parties shall finalise a return act about the vehicle.
2.1.4. ensure that the vehicle complies with all of the conditions for participating in traffic at the moment of the handover;
2.1.5. ensure that he/she has the right to grant the vehicle for use by the Lessee under the agreed terms;
2.1.6. notify the Lessee about all such faults and distinctions of the vehicle and the guidelines for use that can be reasonably expected from Owner to notify about;
2.1.7. provide such help to the Lessee that can reasonably be expected from the Owner in the case it is not possible to use the vehicle. If the vehicle cannot be used due to circumstances arising from the Lessee, then the Owner is not responsible for it nor is required to aid the Lessee;
2.1.8. eliminate the fault hindering the use of the vehicle within a reasonable time if such fault arises during the validity of the Contract that the Lessee is not responsible for and that he/she does not have to compensate for at his/her own expense and if the Owner can reasonably be expected to eliminate the fault;
2.1.9. immediately notify about a fine or some other obligation requirement forwarded to the Lessee and Owner (e.g. penalty payment, late payment decision, etc.) that the Lessee is liable for. If the Owner does not forward information about the aforementioned claim to the Lessee, the Lessee is not obligated to compensate those claims to the Owner.
2.2. The Lessee undertakes to:
2.2.1. comply with all of the agreements concluded in the Contract between the Parties;
2.2.2. accept the vehicle from the Owner at the agreed time and place (place of delivery) and return the vehicle to the Owner at the place of delivery at the agreed time;
2.2.3. return the vehicle to the Owner with a fuel tank filled to the extent agreed upon and fill the tank only with a fuel type suitable for the vehicle;
2.2.4. submit costs statements no later than 30 days after the termination of the contract period at the request of the Owner;
2.2.5. look over the vehicle before use and make sure that it is in proper condition or that it does not have any faults. The Parties shall finalise an instrument of delivery and receipt;
2.2.6. use the vehicle prudently, avoid its excessive wear and damage or destruction;
2.2.7. use the vehicle in accordance with its intended purpose, unless the Parties have agreed otherwise;
2.2.8. use the vehicle only within the territory of Estonia, unless agreed otherwise;
2.2.9. perform all of the obligations rising under the law in force;
2.2.10. eliminate a small minor flaw if it can be reasonably expected from the Lessee. The Lessee may eliminate at their own expense a flaw that hinders the use of the vehicle if the Owner agrees with the elimination of the flaw and reimbursement;
2.2.11. not let a Third Party drive the vehicle nor make the vehicle available to a Third Party;
2.2.12. follow the obligation of the Lessee to notify the Owner immediately about faults or obstruction of use upon their emergence and introduce measures to reduce damage and maintain the vehicle;
2.2.13. ensure the existence of driving privileges in order to use the vehicle and its validity for the period of use. In the case the Lessee does not have driving privileges, he/she shall not use the vehicle and shall notify the Owner immediately about the suspension or termination of driving privileges;
2.2.14. pay the Owner a rent;
2.2.15. follow all the statutory requirements when using the vehicle;
2.2.16. compensate the Owner for the penalties, fees and other obligations due to the unlawful use of the vehicle, including expenses relating to the collection of given obligations if the aforenamed claims are submitted or forwarded to the Owner on the grounds that the Lessee has not properly performed his/her obligations. The compensation obligation is temporally unrestricted and the Owner may also demand from the Lessee the compensation for damages upon the submission of aforementioned obligations;
2.2.17. return the vehicle in the same condition and at least as clean as it was at the moment it was handed over to the Lessee, unless the Parties have agreed otherwise in a from which can be reproduced in writing;
2.2.18. compensate the Owner for the used fuel if the Lessee has failed to comply with the relevant agreement;
2.2.19. not leave such items or things into the vehicle when exiting the vehicle that might lead to their theft or to damage to the vehicle, lock the doors and turn on the burglar alarm if it is present;
2.2.20. make every effort to ensure that the keys and/or the certificate of registration of the vehicle shall not come into the possession of Third Parties;
2.2.21. notify the Owner immediately about a traffic accident, the theft of and/or damage to the vehicle, lack of the possibility of use and other such circumstances;
2.2.22. compensate the Owner for the damage caused to the vehicle due to non-compliance with the statutory requirements or the entire Contract and that is not compensated to the Owner by the insurance undertaking or a Third Party if the vehicle gets damaged or is destroyed by the fault of the Lessee or if the insurance undertaking does not compensate for the damages due to a circumstance arising from the Lessee. If the risk has been placed on the Lessee under the Contract about certain circumstances occurring, he/she shall be responsible even if he/she was not at fault;
2.2.23. return the vehicle in the same condition as it was in and with the same equipment (including the spare wheel or compressor, pharmacy, reflective vest, fire extinguisher, warning triangle, ice scraper-broom, etc.) and documentation that it had at the moment of the handover and pay the Owner a cost for each missing item;
2.2.24. notify the Owner about the fact that the Lessee has been fined in connection to the use of the vehicle (e.g. penalty payment, late payment decision, etc.) or other obligations that have been imposed on the Lessee due to the use of the vehicle;
2.2.25. offset costs (damage) accrued due to the Lessee not returning the vehicle at the agreed time and/or location, unless the Lessee has notified the Owner about the untimely return of the vehicle and the Owner has agreed with it at least in a from which can be reproduced in writing;
2.2.26. endure work done on the vehicle and other changes that are necessary for maintaining the vehicle, eliminating its flaws, avoiding damage or for eliminating its consequences;
2.2.27. not improve or modify the vehicle. The Lessee must compensate the Owner for damages related to the improvement or modification of the vehicle. If it is not possible to reasonably remove the improvements made by the Lessee, the improvements will stay in the possession of the Owner without any cost. If the Lessee improves or modifies the vehicle, he/she does not in any way have the right to demand compensation for the corresponding expenses, unless
2.2.27.1. the Owner approves the improvements or modifications in a form which can be reproduced in writing or
2.2.27.2. if the statutory obligation of the Owner to protect the public interests remains outstanding in the event of not making modifications.

III. Liability

3.1. The Lessee is liable for the destruction or loss of or damage to the vehicle that occurs during the time the vehicle is in the possession of the Lessee. If the vehicle gets damaged or lost or is destroyed and the Lessee is not able to show that a Third Party is liable for it, the Lessee shall be deemed liable for it.
3.2. If a fault arises during the rental period that the Lessee is not responsible for and that he/she does not have to eliminate at his/her own expense or if the contractual use of the vehicle is hindered, the Lessee has the right to:
3.2.1. reduce rent;
3.2.2. eliminate the faults by himself/herself if the Owner agrees to the elimination of the faults and demand compensation from the Owner for the elimination of these faults.
3.3. The Lessee is not liable for the destruction of or damages to the vehicle if it happens due to circumstances arising from the Owner (e.g. the lack of a burglar alarm, faulty locking system, technical failure, withholding instructions for use, etc.).
3.4. The Owner is not liable for the damages caused to Third Parties by the Lessee due to the use of the vehicle. The Lessee is liable for this kind of damage.
3.5. If one Party has failed to perform the notification obligation set in the Contract, the Party undertakes to compensate for the complete damages that were caused to the other Party due to failing to notify certain circumstances.
3.6. The Owner has the right to demand a contractual penalty from the Lessee for each violation as follows:
3.6.1. ask for a double rate for the period starting from the occurrence of the obligation to the return of the vehicle to the Owner if the vehicle has not been returned on time;
3.6.2. 30% from the rental fee, but not less than EUR 25 if the vehicle is given to the possession of Third Parties without the approval of the Owner;
3.6.3. EUR 1,000 for the vehicle being returned to the Owner by a Third Party without the approval of the Owner;
3.6.4. EUR 1,000 for leaving the vehicle for the purposes of returning it in a location not agreed upon without the approval of the Owner;
3.6.5. 30% of the rental fee, but not less than EUR 25 due to violating the conditions of use of the vehicle (violations of clauses 1.6, 1.7, 2.26–2.2.8, 2.2.11, 2.2.13, 2.2.16–2.2.21, 2.2.23–2.2.24 and 2.2.2).
3.7. In the case of submitting a contractual penalty claim, the affected Party may also demand compensation for the damage exceeding the fine.

IV. Termination of the Contract

4.1. The termination of the Contract must at least take place at least in a form which can be reproduced in writing.
4.2. The Contract can always be terminated upon agreement by the Parties.
4.3. Either Party may terminate the Contract for a good reason, especially if the terminating Contracting Party cannot reasonably be expected to continue with the Contract until the agreed deadline or the termination of the notice period when taking into consideration all of the circumstances and the interests of both Parties.
4.4. The Lessee has the right to withdraw from the Contract at the time of accepting the vehicle if:
4.4.1. the Owner hands the Lessee a vehicle whose faults exclude the intended use of the vehicle or hinder it to a significant degree. In that case, the Lessee may withdraw from the Contract until the signing of the instrument of delivery and receipt. The Lessee shall be deemed withdrawn from the Contract for that reason if he/she does not sign the instrument of delivery and receipt at the time of accepting the vehicle and notifies the Owner about it;
4.4.2. the Owner does not hand the vehicle over at the place or time of delivery.
4.5. The Owner has the right to withdraw from the Contract if the Lessee lacks driving privileges at the time of handover, including if the Lessee does not show the Owner a valid driver’s license or for another significant reason that excludes making the vehicle available for use. The Owner may in that case withdraw from the Contract until the signing of the instrument of delivery and receipt. In this case, the Owner shall be deemed withdrawn from the Contract if he/she does not sign the instrument of delivery and receipt at the time of handover and notifies the Lessee about it.
4.6. The Owner has the right to immediately terminate the Contract and demand the immediate return of the vehicle, especially if:
4.6.1. the Lessee significantly violates the conditions of the Contract;
4.6.2. the court has declared the insolvency of the Lessee;
4.6.3. the Lessee provided false information at the moment of concluding the Contract; 4.6.4. the Lessee has in any other way misled the Owner at the moment of concluding the Contract;
4.6.5. the Lessee has caused the damage to or destruction of the vehicle.
4.7. The Owner has the right to immediately terminate the Contract and demand the immediate return of the vehicle if:
4.7.1. the vehicle is found to have faults that hinder the continuation of the rental contract or;
4.7.2. if other circumstances arise that might endanger the vehicle or cause damage to the Owner.
4.8. The Lessee has the right to immediately terminate the Contract and demand the immediate acceptance of the vehicle by the owner, especially if:
4.8.1. the vehicle cannot be used for its intended purposes due to a fault with the vehicle that the Owner is liable for;
4.8.2. the Owner has provided false information at the moment of concluding the Contract or has misled the Lessee in any other way;
4.8.3. the Owner significantly violates other conditions of the Contract.