Standard Business Terms and Conditions of the Rental Agreement
1. Subject to the Rental Agreement
Hertz Rent-a-Car company (thereinafter "Lessor") and Renter, in accordance to statements of §§ 630 and following of the Czech Business Code, agree to this Rental Agreement (thereinafter "RA" only) concerning car hire. Based upon this RA the Lessor undertakes to provide Renter with the vehicle (thereinafter "the car") for temporary use, and Renter undertakes to pay the payment for it. Duration of this RA effectivness, the car specification and the rent are agreed on the front page of this RA.
2. The Rent and the Method of Payment.
The rent is ruled by valid price lists and tariffs and is quoted on the front page of this RA. Renter is obliged to pay the rent including all connected charges to Lessor duly and on time. If the hire is agreed for a period long over one month, the invoices are carried out periodically, mostly for each 30 days of the hire. Renter agrees to pay the rent and all connected charges including any damage or lost of the car within his/her responsibility according to this RA by form of payment displayed on the front side of this RA.
Prices of Hertz services are quoted in EUR or CZK (used currency is always clearly displayed). EUR converts to CZK by weekly fixed exchange rate of an invoicing date (the date of the end of the car hire). The weekly fixed exchange rate is always displayed at all Hertz locations.
In the case of delayed payment Lessor is right to charge Renter over 0,05% of the invoiced amount for each day of the delay.
3. Hire Duration, Handing and Taking the Car Over.
The RA is agreed for an explicit period and is effective since the while when both contracting parties have signed it. The hire relationship is finished with the agreed period expiration accordingly to this RA. The RA validity may be extended if Renter has asked in writing Lessor to do so, at least 12 hours before the expiry date of the originally agreed period, and Lessor has confirmed the prolongation in writing. In such case, conditions, protections CDW, SCDW, TP, WI and insurance PAI extent (see the next point 5), if agreed in the beginning of the RA validity, stay maintained. If the RA is not prolonged in the sense mentioned above, the car return from Renter later than it was agreed on the RA is taken for fundamental breach to the RA and a legal action may be taken for unauthorized use of the car. In such case, for the period exceeding that agreed one, Renter is obliged to pay a penalizing charge amounting at minimum the original rent including all connected charges to Lessor.
Unless contracting parties have agreed something else in writing, Renter loses his/her right to his/her liabilility limitations resulting from agreed protections CDW, SCDW, TP, WI and insurance PAI (see the next point 5) after the RA expiry date. In case of the car loss or a damage to the car, Renter must pay, apart from others, a penalizing charge equivalent to the rent until Renter reports the loss/damage to Lessor or Lessor is advised by another way.
Lessor must deliver the car in good technical state, at the place and in the time agreed by this RA. Any constated defect or complaining mention must be written onto the RA in the beginning of the rental.
Renter must return the car to Lessor including all accessories and documents at the place and in the time agreed based on this RA. Renter must return the car in the same state as he/she took it over. Usual getting worn out is connived at. A person authorized by Lessor only may take over the car including its documents and keys.
A special handling is applied at the Hertz office Prague Airport Ruzynė, where the vehicle shall be taken over by the designed employees of CSL in the Check In Point for rent-a-car companies in the area of the premises of Parking C. A take-over report shall be executed on each take-over. Should a vehicle not pass through this Point and no take-over report signed by the designed employee of Letiste Praha, s.p. and the Renter be executed, Hertz shall not regard the vehicle as returned with all consequences that may arise (the rental shall be charged further on, any and all the damage to the vehicle that may subsequently be found out shall be charged to the Renter etc.).
In case of returning the car to a hotel receptionist, Renter must advise Lessor in writing immediately. Otherwise, Renter must pay a penalizing charge equal to the rent including all charges connected till the while of Lessorīs having got aware of the car concerned return. If the car loss or an injury to the car has occurred, Renter is obliged to pay a penalizing charge equal to the rent agreed up to the while when Lessor is advised or has got aware of it by another way.
4. Rights and Engagements of Contracting Parties.
The car concerned may be driven by persons listed on the RA only. Renter may use the car for those purposes only it is intended for and must abide by traffic regulations, customs and other legal prescripts. He/she must use the car by usual way and accordingly to norms and instructions concerning the vehicle type concerned. This concerns particularly regular service to the car following the number of driven kilometres and abidance by parameters given from the producer as the carīs technical state, engine oil and refrigerating liquid volumes, tyre pressure etc.
Renter is obliged to take care of the car duly in the sense of a damage prevention including the abidance by the conditions and recommendations given from Lessor. Renter must keep the car safe from a theft, damage or encroachments from persons which are not authorized to use the car. Particularly, Renter must not leave documents and keys in the parked car and must always lock the parked car properly. Not fulfilling some of these duties is taken for fundamental breach to the RA. Lessor recommends to leave the car at watched park-sites and garrages only.
Unless this is stated by another way by this RA, Renter must not let the car to a person which is not listed on the RA, participate with the car in any race, test or contest, use the car against a payment for a purpose of passenger traffic or transport of property (except for trucks and lorries), drive the car to countries restricted by this RA unless Lessorīs prior approval is provided, carry out any modification or adaptation to the car.
Further, Renter may not drive the car being under influence of alcohol, drugs, medicaments or other matters imparing perception or reaction abilities. Renter may not let the car to be driven by a person being under influence of mentioned above drugs.
Lessor has right to check the car anywhen in order to get constated if it is used properly and in accordance to this RA conditions. Renter is obliged to enable Lessor to perform such inspection of the car.
Lessor is obliged to arrange for his account usual repairs and maintenance of the car and Renter must enable him to do repairs, maintenance or a possible inspection of the car as well as to put up with the car use limitation consequently to circumstances mentioned above. During such limitation taking place, Renter is right to get a replacing car of the same or similar quality from Lessor to continue the car use agreed. The expenses connected with the car repair are for Lessorīs account except for the case when the need to repair the car arose from and consequently to an incorrect dealing with the car by Renter or a person enabled to deal with it by him/her (i.e. either the car usage inconsistence or breach to this RA). In such case the duty to reimburse expenses for the car repair is in its full extent transferred to Renter which is fully responsible for any damage else arisen from or consequently to such incorrect dealing with the car (extreme worn out or injury to the car).
Renter is obliged to report any occurrence of a repair needing defect that appeared on the car during his/her rental to Lessor as soon as possible. If Renter wouldnīt fulfill this duty without unreasonable delay he/she will be responsible for any damage arisen from the delay consequently to his/her failure of reporting the defect.
5. Damage Responsibility and Insurances.
Lessor ensures liability insurance in extent and under conditions of valid legal prescripts. Renter is fully responsible to Lessor for any damage caused to the car arisen during the period of the rent. Lessor is right to charge Renter to reimburse the loss of revenue equal to the rent and minimum daily charge for 100 km till the date when the car concerned or a replacing one is returned. Renterīs responsibility for a damage to the car may be limited in case that Renter confirms his/her acceptance of CDW, SCDW, TP, WI conditions by his/her signature on the front page of this RA and he/she pays charges for these coverages accordingly to this RA
CDW limited coverage for a damage caused by an injury to the car or its part, except of an attempt of a theft, a theft or vandalism
TP - limited coverage for a damage caused by a theft of the car or of its part, or by a relevant injury due to an attempt of a theft, a theft, or a vandalism
SCDW further limitation of Renterīs responsibility for a damage caused by an injury to the car or its part, including an attempt of a theft or vandalism, theft of the part of the car, except of a damage to the windscreen
WI full coverage for a damage to the windscreen
Renterīs responsibility due to financial coverage resulting from CDW, SCDW, TP, WI cannot be reduced if the damage arose from breach to this RA or violation to generally mandatory legal prescripts, regardless to Renterīs fault. In the case of more damage events on the car, Renterīs financial responsibility is considered separately.
Lessor can provide Renter with Personal Accident Insurance (PAI) protecting him/her and all passangers for an appropriate payment based on Renterīs signature, this in extent given by the concerned insurance company conditions. Basic conditions of this insurance are available for look-in, as a rule, at the location opening the RA or on www.hertz.cz.
Any fine for a misfeasance against traffic regulations done with the rented car during the hire period and damages arisen from a loss of documents, keys or tools belonging to the car accessories is to be reimbursed always by Renter.
6. Damage Event Proceedings.
In case of a damage event, a theft or injury to the car or its part and in case that a personīs injury or death occurred consequently to an accident involving the rented car (regardless to Renterīs fault) Renter must always call the police to investigate the accident and to obtain evidence (regardless of the damage evaluation amount) and wait until police arrival and until the police report is drawn up. Failing this, Renter is responsible for damagein full extent.
In any damage event, Renter is obliged fully to fill-in the form "Car Accident Report (Statement)" that he/she receives altogether with the car documents. Furthermore, Renter is obliged to ensure a list of all participants of the accident as well as of all witnesses including their personal data, furthermore, he/her is obliged to ensure involved cars descriptions and to record their plate numbers and to write down the registration details of the police which has investigated the accident. If the car is not drivable consequently to the accident, Renter must make it safe from further damage or theft.
Renter is obliged to inform Lessor as soon as possible, but within 24 hours at the latest, about any damage event involving the concerned car (theft or an injury to the car), to state the place the car is situated at, furthermore, he/she must inform Lessor about consequences of the accident as far as persons injuries or deaths are concerned. Renter must ensure Lessor to be provided with the fully filled-in form "Car Accident Report (Statement)" without unreasonable delay. Renter is obliged to cooperate with the police, with Lessor and with the insurance company assisting them to investigate the accident, in the frame of both the damage event liquidation, and, if the case may become, the legal proceedings.
7. Repudiation of the RA
Lessor has right to repudiate the RA immediately if Renter uses the car contradictorily to the RA or to agreed business conditions, or by a method leading to a damage to Lessor, or the car becomes threatened by an injury of big extent.
Lessor is justified to repudiate the RA if Renter, against Lessorīr reminders, doesnīt pay invoiced payments duly and on time.
As well, Renter has right to repudiate the RA if Lessor doesnīt fulfill due to this RA.
8. Other Statements
Renter agrees data of this RA including his/her personal data may be processed and maintained by Lessorīs computer system. For the case that it is necessary to verify or to confirm that Renter is solvent, Renter agrees his/her personal data may be used or leaved to the third party disposal for such purpose. For the case that Renter delays to return the car to Lessor at the place and in the time agreed, he/she acknowledges that Lessor may make the car known to police authorities as being stolen or lost, Lessor may pass his accusation to the relevant court. Renter bears him/her/self any consequence that might arise from such action for him/her.
9. Enactments in Conclusion
This RA becomes effective from the moment (the date and exact time) of both contracting parties signatures.
This RA is carried out at least in two issues, each contracting party obtains at least one issue whilst its version in Czech language is decisive.
As the case of a legal action may be, both parties agree for such purpose the court in the Czech Republic according to the subject and to the place.
This RA is governed by Czech law.
If some statement of this RA becomes uneffective other statements of this RA stay effective. In such case, contract parties will replace the uneffective statement by such an effective one the most according to the business sense of the original intention.