General provisions

1. The terms and conditions of this lease contract (hereinafter referred to as the “Contract”) for a means of transport (hereinafter referred to as the “Leased Vehicle”) shall apply to the lease relationship between the Lessee and the Lessor.

2. The Lessee is required to respect the requirements set out in the legislation and in the Contract while using the Leased Vehicle.

3. The Contract also comprises an insurance contract between the Lessor and the insurer providing insurance cover to the Leased Vehicle and during the use of the Leased Vehicle the Lessee must guarantee compliance with the requirements set out in the insurance contract for the use of the Leased Vehicle. The Lessee has the right to examine the insurance contract at the Lessor's premises and receive a copy of the insurance contract from the Lessor on demand.

Requirements to the use of the Leased Vehicle

4. The Lessee must be at least 21 years of age and he must have a valid driving privilege and at least 2 years of driving experience. The same applies to other persons driving the Leased Vehicle with the permission of the Lessor.

5. The Lessee shall pay the rent to the Lessor in advance for the entire lease period upon the conclusion of the Contract.

6. The Lessee is required to use the Leased Vehicle personally and not to place it at the disposal of a person not indicated in the Contract, except where the Lessor has provided the Lessee with its written consent allowing the Leased Vehicle to be placed at the disposal of another person.

7. The Lessee is required to use the Leased Vehicle prudently and keep the Leased Vehicle in good technical condition and to this end monitor, during its use, the oil level, coolant level, brake fluid level, functioning of exterior and interior lighting, tyre pressures, etc. Expenditure on keeping the Leased Vehicle in good technical condition, which result from the normal use of the Leased Vehicle, shall be borne by the Lessor.

8. The Lessee is required to cover the expenditure on the Leased Vehicle's fuel and other expenditure stemming directly from the activities of the Lessee or from the daily use of the Leased Vehicle.

9. The Leased Vehicle must not be driven while being intoxicated or under the influence of narcotic or psychotropic substances or in a state of illness or fatigue which prevents his or her clear perception of traffic conditions and full compliance with traffic rules (violation of this obligation includes a situation where the driver consumes alcohol or narcotic or psychotropic substances before the due registration of a traffic accident or where the driver refuses the determination of intoxication).

10. The Leased Vehicle may be used only on roads intended for motor vehicles in the meaning of the Roads Act. The Leased Vehicle must not be used in conflict with the requirements provided for by the law or for aiding an infringement, for car racing, for training or for towing.

11. When leaving the Leased Vehicle, the latter must be locked, the doors, windows and hatches must be closed (if the Leased Vehicle is a convertible, the roof must be installed and locked), all antitheft devices (alarm, etc) must be activated, the front panel of the audio system, the car documents and all car keys and remote controls of anti-theft devices must be removed from the car.

12. The keys, registration documents, electronic keys or remote controls of anti-theft devices of the Leased Vehicle must be stored so that third parties can not obtain possession of these, and in no case may these be stored in the Leased Vehicle.

13. If the Leased Vehicle is involved in a traffic accident or if an act of theft, vandalism or robbery has been committed with regard to the Leased Vehicle or if parts of the Leased Vehicle have been stolen on robbed or if other damage has been caused to the Leased Vehicle, the police and the Lessor must be notified thereof immediately and the incident must be registered with the police in accordance with the applicable procedure. If the Leased Vehicle catches fire, the rescue service, the police and the Lessor must be notified thereof immediately.

14. If there is a risk of damaging the Leased Vehicle or if it is damaged, the Lessee must ensure that measures are promptly taken to avoid or reduce the damage.

15. If the Leased Vehicle is damaged, the Lessee must provide the Lessor with a written explanation of the incident within 24 hours of the occurrence of damage. The Lessee must ensure that he and other persons present when the damage occurred participate, on the Lessor’s request, in the procedure for determining the causes of damage (at the Lessor and the insurer).

16. If the Leased Vehicle is stolen, the Lessee is required to furnish all keys and documents of the Leased Vehicle to the Lessor.

17. The Leased Vehicle may cross the border of the Republic of Estonia only with the written permission of the Lessor.

18. The Lessor may examine the Leased Vehicle and check its condition or the Lessee’s compliance with his or her obligations while the Leased Vehicle is being used by the Lessee.

Extraordinary cancellation of the Contract

19. The Lessor may cancel the Contract in an extraordinary manner, if the Lessee has substantially violated his or her obligations or if further use of the Leased Vehicle by the Lessee would pose a risk to the preservation of the Leased Vehicle or endanger the good condition of the Leased Vehicle.

Return of the Leased Vehicle

20. The Lessee is required to return the Leased Vehicle upon the expiry of the lease period indicated in the Contract at the agreed time and location (the place of returning the Leased Vehicle is the registered address of the Lessor, unless otherwise specified in the Contract), whereby upon return of the Leased Vehicle to the Lessor it must be in the condition in which the Lessor transferred it to the Lessee.

21. With regard to the lease period it is held that one lease day is 24 hours and that the lease period ends and the Lessee must return the Leased Vehicle on the last day of the lease period at the same time when the Lessor transferred the Leased Vehicle to the Lessee.

22. Fuel is not included in the rent – the Leased Vehicle is transferred to the Lessee and returned with the fuel tank full. If the Lessee does not return the Leased Vehicle with the fuel tank full, the Lessee must pay for refuelling the Leased Vehicle plus a refuelling fee of EEK 200.

Liability

23. If the Lessee returns the Leased Vehicle to the Lessor with delay, the Lessee must pay three times the amount of rent for the period exceeding the time limit for returning. The amount of rent to be paid by the Lessee in the case of delay is calculated on hourly basis, whereby the time exceeding the last full hour of delay is counted as a full hour and taken into account in the calculation of the rent. The amount of rent as provided for in this paragraph is calculated so that the amount of rent for one day is divided by 24 and multiplied by the number of hours overdue and by 3. In addition to the aforesaid triple amount of rent, the Lessee must compensate the Lessor for the damage caused by the delayed returning of the Leased Vehicle by the Lessee.

24. The Lessee is required to ensure that the fines imposed for the violation of traffic and parking rules and the relevant fines for delay are paid within the prescribed time limit and that the Lessor is notified both of the fine or the fine for delay and of its payment. Unpaid fine or fine for delay shall be recovered in double amount.

25. If the Lessee does not return the Leased Vehicle in the prescribed condition, he is required to compensate the Lessor for all damage, except where the Lessor receives compensation for the damage under an insurance contract from the insurer or under a contract for motor third party liability insurance. If the Lessor receives partial compensation for damage under the insurance contract, the Lessee must compensate the Lessor for the difference between the amount of damage caused and the amount of compensation paid under the insurance contract.

26. The Lessee's own liability is EEK 5,000 in  the case of damage to the Leased Vechile or parts thereof  (incl. the audio system), regardless of the provisions of the insurance contract. In the case of theft or robbery or if the Leased Vehicle is damaged beyond repair or otherwise made permanently unusable the Lessee's own liability is 15% of the loss suffered, but not less than EEK  5,000.

27. If the Lessee does not return the Leased Vehicle in the prescribed condition and the condition of the Leased Vehicle has deteriorated due to the Lessee’s failure to comply with the requirements set out in the legislation, the Contract or the insurance contract, the Lessee must pay rent to the Lessor also for the period of time it takes to repair the Leased Vehicle, but not for more than 30 calendar days.

28. The Lessor shall determine the place where the repairs are to be carried out as well as the extent of such repairs.

29. The Lessor shall not be held liable for the damage, which the Lessee may suffer from in connection with the interruption of a trip due to the breakdown or technical malfunction of the Leased Vehicle.

30. The Lessor may set off its claims to the Lessee against the Lessee’s claims to the Lessor.

31. The Lessee’s liability shall not be precluded or reduced by the fact that a third party has damaged the Leased Vehicle. If a third party is at fault for the damage and the Lessee has compensated the Lessor for the damage, the right of claim against the party at fault for the damage shall be transferred to the Lessee in the extent of compensation paid by the Lessee.

32. If the Lessee delays the payment of amounts to the Lessor, the Lessee is required to pay the Lessor a fine for delay of 2% of the unpaid amount for each day overdue until the amount outstanding has been paid. As regards the payment of amounts, the fine for delay ranks above the principal debt.