Car rental terms & conditions
GENERAL TERMS AND CONDITIONS (the version takes effect as of 26.06.2015)
1. Terms used in the Agreement and definitions
1.1. Owner is limited liability company "FS Noma", unified registration No. 40103440166, registered address Straumes Street 1, Tukums, Tukums municipality, LV-3101, Republic of Latvia.
1.2. Renter is a natural person or a legal entity; in case of a legal entity, in Special Terms to this Agreement to be specified under the column "Renter/payer", and under "Natural person/driver" in case of a natural person. Where the signatory for the legal entity who has signed the Car Rental Agreement has not been duly authorised to enter into said agreement, he/she will bear all liabilities under the Agreement as a natural person.
1.3. Car is a passenger vehicle in the possession of the Owner, specified under the column "Motor vehicle" in the Special Terms to this Agreement.
1.4. Agreement is the Car Rental Agreement and consists of Special Terms and General Terms and Conditions, together with any potential subsequent amendments and additions to the Agreement. Any amendments and additions to the Agreement shall take effect only when executed in writing and countersigned by the Owner and the Renter.
2. Subject of the Agreement
2.1. The Owner shall transfer for temporary use, and the Renter shall accept for a fee (rent) the Car pursuant to the terms and conditions of the Agreement. The Renter may use the Car during the rental period for non-commercial purposes in countries specified in the Special Terms to this Agreement under the column "Eligible locations".
2.2. The Car is fully equipped with all relevant Equipment and accessories (one set of keys, tyres appropriate for the season, floor mats, fire extinguisher, first-aid kit, emergency warning triangle etc.), plus extra accessories selected by the Renter and specified in Special Terms; the Car body and interior is clean. The Car is fuelled as recorded at the moment of delivery of the Car to the Renter.
2.3. The actual delivery of the Car takes places simultaneously with signing the Agreement, with the Owner and the Renter recording the technical condition of the Car. Upon delivery of the Car to the Renter, the Parties shall fill in the column "Technical condition of the Car at delivery" in Special Terms, while upon return of the car by the Renter data about remaining fuel and mileage shall be filled in. A special protocol shall be executed in case the technical condition of the Car when returned is different from that described under "Technical condition of the Car at delivery" in Special Terms (except for fuel level and mileage), or if demanded so by the Renter. Any deviations as well as any defects that are there at the moment of delivery should be recorded in writing at the moment when the Car is being delivered. The Renter may not refer to such earlier defects which could be visually noticed at the moment of delivery, yet were not recorded. Where a separate Car inspection protocol is executed, it shall become part and parcel of the Agreement as of the moment of signing. In case the Renter refuses to sign the Car inspection protocol, it shall be signed solely by the Owner's agent.
2.4. The addresses and time of delivery and acceptance of the Rental Car shall be specified in Special Terms under the column "Place of delivery" and "Place of return" respectively. Minimum rental period to be charged as a full day shall be 24 h (twenty-four hours). Where the Car is returned at an address or at a time other than agreed, the Owner may charge the Renter extra according to the Owner's effective Price List.
2.5. Upon delivery and acceptance of the Car, the Owner may record the condition of the Car, including by taking photos and shooting videos, and such data may serve as evidence in a situation when a dispute arises. Upon delivery and return of the Car the fuel level shall be recorded; when the Car is returned, it should be fuelled up to the earlier recorded level, or else the Renter will be charged extra according to the Owner's Price List. Where the Car is fuelled in excess of the original level, the Owner shall not compensate any of the Renter's costs thereof.
3. Rentals and other payments
3.1. The Renter shall pay rentals for the rental period plus fees for the selected extra accessories and additional services, as specified in the Special Terms under the column "Rentals and fees for additional services".
3.2. Rentals are calculated starting the day when the Owner delivers the Car to the Renter (the first rental day), and up to the time when the Renter has returned the Car to the Owner in good running and visual order (the last rental day). Rentals shall be calculated irrespective of the fact whether the Renter actually uses the Car during the rental period or not. If the Care is returned early before the end of the rental period, the Owner shall not be obliged to return the rentals for non-used full days.
3.3. The Car rental is a fee for using the car, and includes the driver's third party motor liability (OCTA) and the Car's insurance against theft (TP) and damage (CDW), under a provision that the Renter bears the deductible (liability) in case of insured event. The Renter's deductible (liability) in case of insured event is lowered when the Renter has upgraded the insurance to reduce the deductible. The level of deductible (liability) selected by the Renter is specified in Special Terms under "Renter's deductible (liability) in case of insured event". The rentals do not include any variable costs related to running and maintaining the Car, i.e., fuel costs and technical fluids, which shall be the Renter's expense.
3.4. The anticipated rentals and the payment for additional services shall be pre-paid by the Renter to the Owner at the day of signing the Agreement, and shall be adjusted at the end of the rental period when the Car is returned to the Owner. Where the adjusted rentals exceed the pre-paid amount, the Renter's obligation to settle the difference starts on the day when the Owner has issued the adjusted calculations. When settling the rentals, the Renter shall simultaneously guarantee the honouring of all contractual obligations under the Agreement by either depositing a security deposit in the amount specified in Special Terms, or, alternatively, by accepting the reservation of the respective amount in the underlying bank account of the Renter's credit card (or several credit cards). The amount reserved by the credit card shall be released, or the paid in security deposit shall be reimbursed no later than within 14 (fourteen) days after the rental period expiry date. If the Renter has to settle the adjusted difference for the rentals or has to pay for other expenses and/or compensate for any losses according to the provisions of the Agreement, the Owner is entitled to deduct the necessary amount from the Renter's security deposit or credit card (-s) to this end, whereas the remaining amount of the security deposit, if any, shall be reimbursed to the Renter or released. The security deposit or credit card reservations does not limit the Renter's liability, and the Owner may claim full compensation of costs and damages from the Renter, the latter having accepted the obligation under the Agreement, or where stipulated by the Latvian law.
3.5. After expiry date of the rental period, recovery of costs and penalties may be claimed from the Renter according to the Owner's Price List, which may be related to excess mileage, Car fuelling, acceptance of the Car returned outside business hours or at a place other than specified in the Agreement, putting the Car back in good visual and running order, replacing the missing equipment items and other justified costs, including cost administration charges.
3.6. Irrespective of the rental period expiration, the Renter may be forwarded penalty tickets or equivalent documents for any violations of the Car use which have been detected at the time when the Car was being used by the Renter, and the Renter is obliged to settle these, together with the Owners cost administration charges according to the Price List.
3.7. Where damages have been done to the Car when it was rented out to the Renter, the rentals shall be calculated also for the time which the Owner effectively needs to repair the Car or fix the defects.
3.8. In case of past due payments of the rentals and other payments, the Owner may charge the Renter a default interest of 0.2% (one fifth of per cent) from the total outstanding amount for each day of delay. Settlement of default interest shall not release the Renter from the obligation to settle the principal debt.
4. Handling of the car by the Renter
4.1. The Renter undertakes to handle the Car as an honest and careful manager would do, and maintain it in good visual and running order according to the instructions for technical operation and maintenance of the Car. The interior of the Car should be maintained clean over the entire rental period; smoking in the Car is strictly prohibited, and violation of this rule will result in charges and penalty to the Renter in accordance with the Owner's Price List.
4.2. The Renter should take good care of the Car keys; when leaving the Car, it should be locked; also, leaving behind personal belongings and documents in the Car is should be avoided. The Owner shall not be liable for any loss or damage to the Renter's property that has been carried or left behind in the Car.
4.3. The Renter is prohibited to use the Car for passenger or cargo transportation for a fee, to transfer the Car to third parties for use, either for free or for a fee (sub-rent), to use for towing other vehicles or for towing a trailer or caravan, to use the car for unlawful actions.
4.4. Only the driver (or multiple drivers) specified in Special Terms may drive the Car on behalf of the Renter. The Renter is responsible for the Car driver's validity of the driving license and adequate driving skills.
4.5. The Car driver should follow the Road Traffic Regulations over the entire rental period. It is prohibited to participate with the Car in races, ride off-road, or use it as a Learner's car. Where there is no maximum speed limit set by the road traffic rules or the speed limit is greater than 130 km/h (one hundred and thirty kilometres per hour), the speed limit for the Renter’s Car shall be 130 km/h. Driving above the speed limit may result in penal charges to the Renter in accordance with the Owner’s Price List for speeding; also, when the speeding has caused technical defects to the Car, the Renter shall compensate to the Owner the cost of fixing the defects in full amount. Settlement of the penal charges for speeding shall not excuse the Renter from the obligation to meet the costs related to fixing the defects of the Car.
4.6. The Owner's technical support service phone number +371 29 122 083 is made available to the Renter round-the-clock, along with e-mail address for communication: firstname.lastname@example.org. It will be the Owner's decision based on the assessment of the Renter's information whether to direct its technical support service to assist on the road. If no Car's technical defects have been detected, the Owner may refuse to provide technical support on the road, as well as charge for the arrival of the Owner's technical support service according to the Owner's Price List. The Renter is aware that it is not the duty of the Owner's technical support service to change a damaged wheel on the Car and to replenish technical fluids, including fuel.
4.7. In case the Car has been involved in a road accident, has been damaged in another way, the Car or keys have been stolen or the state registration plates are missing, the Renter is obliged to promptly notify the Owner's technical support service thereof; the Renter should also take all necessary actions to protect the Owner's interests, including call the police; should participate in drawing up documents, supply other evidence, wait for the insurer's agent if instructed so by the Owner, etc. The Renter is not authorized to agree to any claims made by a third party in connection with accidents or theft of the Car or its parts; neither is he/she authorized to undertake any liabilities or give promises on Owner's behalf. It is the Renter's obligation to help the Owner and/or the Owner's insurance company in all legal matters related to accidents or theft of the Car or its parts.
4.8. Where, during the rental period, a technical defect has been detected that makes further driving of the Car unsafe, the Renter is obliged to promptly notify the Owner's technical support service thereof, and any further actions with the Car should be carried out as instructed by the Owner.
4.9. The Renter shall return the Car to the Owner at the place and time as specified in Special Terms to the Agreement under columns "Place of return", "Date", "Time", fully equipped and in the same running and visual condition as it was delivered to the Renter. Where any defects or damages of the Car are detected, or the defects and damages have appeared after the Car has been returned to the Owner and the Renter is to blame for such defects or damages, it shall be the Renter's obligation to meet all the Owner's costs of fixing defects and damages.
5. Scope of liability and disputes
5.1. The Renter's liability shall be lowered for the coverage amount where there has been an insured event and the Owner has been indemnified. Lowering the liability does not excuse the Renter from the obligation to meet the deductible, if the Renter has agreed to a deductible under the Agreement. The Renter shall meet any loss and/or damage covered by the Owner's third party motor insurance policy for the Car and its driver, yet they happen to be in excess of the insurance coverage and the Renter is to blame for them, and/or in cases when the insured event does not materialize according to the terms of the insurance agreement, and/or there is any loss and/or damage for which the Renter has no coverage.
5.2. Where the Renter has been using the Car not as it was agreed, or if the Car has been damaged, fully or party destroyed or has been stolen due to the Renter's fault, the Renter is obliged to compensate the Owner for all losses other than indemnified by the insurance company.
5.3. The Renter shall take responsibility for any damages incurred to third parties as a result of using the Car, including, without limitation, the damage resulting from using the Car as a source of increased danger. The Owner shall not be responsible to the Renter or third parties for deaths, injuries or other health damage, property damage, environmental damage or any other damage resulting from using the Car during the rental period. Where third parties succeed in damage claim from the Owner in this respect, the Renter shall be obliged, without reservation, to reimburse to the Owner all claim amounts according to the court ruling that has taken effect.
5.4. The Owner has made the Renter aware that the journey interruption risk is not covered. The Owner shall reimburse to the Renter direct losses and meet justified expenses related to interruption of the journey only provided that technical non-compliance of the Car delivered by the Owner has been detected which prevents from continuing the journey, and the Renter has notified the Owner about the journey interruption and acted as instructed by the Owner. Where it is the Renter to blame for the interruption of the journey, no Renter's direct losses and expenses will be reimbursed.
5.5. Where the Renter defaults on or fails to duly perform his/her contractual obligations, and the Owner engages a third party for liabilities enforcement and/or enforced recovery and/or its legal protection, the Renter shall be obliged to meet the costs of such services delivered by a third party to the Owner, as well as any litigation costs.
5.6. The Owner and the Renter shall seek to settle any Agreement-related disputes and differences by negotiation; where this turns out to be impossible, any disputes, differences or claims arising out of the Agreement or a breach, termination or invalidity thereof, shall be finally settled in accordance with the Latvian law by a court of the Republic of Latvia according to the claimant's preferences in general civil proceedings, the court jurisdiction to be determined according to the Owner's registered address; or, alternatively, according to the Latvian law in the arbitration court "Zemgales šķīrējtiesa", registration number 40003760351, according to the arbitration rules of said court in written proceedings, without reasons for the award, by one arbitrator, and on condition that if the defendant fails to submit a written comment on the claim, he is deemed to recognize the claim.
6. Term of the Agreement and termination
6.1. The Agreement takes effect at the moment when countersigned by the Owner and the Renter, and shall be valid until due and complete implementation of the contractual obligations.
6.2. Where the Owner has found that the Renter, while using the Car, has been acting in a manner which may endanger road safety, causes or may cause damages to rental items, or the Renter is in breach of other provisions of this Agreement, the Owner is entitled to repossess the Car after oral demand, simultaneously executing a Car repossession statement and signing it unilaterally.
6.3. Where the Renter has failed to return the Car at the place and/or time as specified in Special Terms to the Agreement under columns "Place of return", "Date", "Time", or the Renter has failed to comply with the Owner's requirement to return the Car to the Owner, the Owner may report allegedly criminal offence to law enforcement authorities.
7. Other provisions
7.1. Rental legal relationship shall be regulated by this Agreement and the Latvian law.
7.2. Personal data provided by the Renter for the purpose of the Agreement will be processed and stored by the Owner in the data processing system of the limited liability company "FS NOMA" in accordance with the Latvian law.
7.3. Where one or more provisions or terms of the Agreement become in any way invalid, illegal or unenforceable, it will not in any way affect or prejudice the validity, legality and enforceability of other provisions and terms of the Agreement.
7.4. Where the information provided by the Renter or by the person impersonating the Renter turns out to be misleading or false, or the documents produced are invalid or fake, the guilty person may face criminal charges in the procedure stipulated by the Latvian law, and the Owner, as the victim, is entitled to claim full damage recovery.
7.5. In case of contradicting terms in Special Terms to the Agreement and General Terms and Conditions, Special Terms shall be applied.
7.6. The Agreement is executed in 2 (two) counterparts having equal legal effect, 1 (one) copy for the Owner and one for the Renter. In addition, the Renter is supplied with a convenience translation of the Agreement text in English, which is not considered to be the original copy of the Agreement.