RENTAL AGREEMENT – GENERAL TERMS AND CONDITIONS
1. Sibiriada CG DOO (further: Lessor) rents a vehicle quoted on the first page of this contract, to the Lesse, on time and by the terms stated in this contract.
2. The lessee is obligated, and by his signature acknowledges the following general terms, and also, undertakes to follow and respect the obligations from this contract:
a) He/she must be minimum 24 years old and have a driving experience of 2 years;
b) He/she is taking a vehicle that is fully functioning, with the current amount of fuel in the fuel tank and all the necessary papers about the vehicle, as well as. equipment accessories.
c) He/she must return the rented cars and light motor vehicles by the time stated in the contract, or sooner upon the demand of the lessor.
d) If the lessee can’t return the cars and light motor vehicles on time, and wants to continue the renting of the motorcycle, he/she is obligated to announce it, otherwise, after it is up. the vehicle will be
considered stolen, and the lessor will contact the police.
e) The lessee is obligated to take the cars and light motor vehicles of the vehicle, and to notify the lessor if any damage is made.
f) The lessee is obligated not to use the vehicle under these circumstances:
– under the influence of alcohol, narcotics or any other substance
– for illegal services (felonies, offense against customs regulations, etc.)
– for the transport of merchandise and passengers
– for the sports competitions
The lessee is obligated to use the vehicle for his/her needs
The lessee can give the cars and light motor vehicles only to the person stated in the contract as the second driver
The rented cars and light motor vehicles mustn’t be overloaded with persons and objects, over the permitted maximum
The lessee mustn’t cross the border of Montenegro without the consent of the lessor
3. All motorcycles have third-party liability insurance and comprehensive motorcycle insurance with the deductible in the amount of a security deposit., the stated insurance is not valid – in the territory of Kosovo. Security deposit is max liability you bear for the motorcycle, any damage above deposit is paid by an insurance company
4. The price does not include the insurance of the passengers, as well as the tire damage of the alloy wheel and the lower engine of the vehicle, if the damage wasn’t made due to an accident, nor because of the lack of the motor oil. and it does not include the fuel
5. In case of loss of the document or the keys, the user is obliged to pay a sum of 500 €
6. Disregarding the included insurance, all the expenses will be charge to the lessee, at the market prices, as well as the expenses of due to:
– The damage made under the influence of the alcohol or drugs
– The damage caused intentionally or by negligent driving (while driving out of the main road (OFF-ROAD riding, etc.)
– The driver was not in the possession of a valid driving license at the moment of the accident, or he/she had gave the wrong information about himself/herself
The lessee will take the full responsibility of the damage caused by non using the vehicle, in the case he violates any of the stipulations from this contract, which he/she undertook by sighing of this contract
7. 1. In the event of a traffic accident, damage, theft, theft, hijacking, engine breakdown or similar circumstances, the User is obliged to hold the vehicle until it is handed over to the lessor, provide the names and addresses of witnesses and participants, call the police and request a recording, except in the event of an engine breakdown, notify the landlord’s office immediately.
2. If the User does not provide the protocol from paragraph 1 of this article or does not provide an application from paragraph 1 of this article, the User is fully responsible for all expenses for damages in connection with damage or loss of the vehicle, regardless of his fault in this case. The User understands that in case of negligent handling of the car, documents or keys, as well as in other cases provided for by the insurance rules under the law, a recourse claim may be brought against him by the vehicle insurer.
3. In case of damage to the vehicle, the User, at the request of the lessor, pays the full amount of the repair of the damaged vehicle and other losses up to the full amount of the deposit. In the event of damage to third parties, the User shall bear all costs that the lessor may incur on this basis.The insurance does not cover damage caused intentionally, under the influence of alcohol or drugs, without a driver’s license or in the event of their withdrawal, in cases where more people are in the vehicle than allowed, damage caused by military operations or riots, as well as other circumstances provided by the rules or laws on insurance. The insurance does not cover the risk of destruction or damage to tires, hubs or caps, or the underside of the engine.
8. If in the case of an accident or damage the lessee should not fulfill all the obligations stated in the article 7 of this contract, he/she will be liable for every possible consequence that could emerge because of it.
9. Any alteration of this contract is valid only if approved in writing by both sides
10. The lessee is obligated to pay off the amount to the lessor on time, for:
The daily renting, according to the price list
The traffic tickets of the lessee while using the vehicle, made by his/her violating traffic regulations
The judicatory expenses, due to court settlement of the amount from the lessee
11. If the lessee settles rental charges by credit motorcycles, he/she authorizes the lessor with his/her signature on the original contract to charge the total rental cost to a particular cars and light motor vehiclesissuing organization.
12. If any repair of the motorcycle is required, the Lessee is obliged to get approval for such repair from Lessor. The Lessor shall do its best to either send a service vehicle delivering a replacement motorcycle and/or a mechanic for the motorcycle haulage or find a contractor nearby the area where the motorcycle being rented is located.
The Lessor must do his best to return the motorcycle to renting if the damage/fault is minor and the repair work can be done on-site or in the garage provided all safety requirements are met. The rental payment for the duration of the repair work caused by the Lessee shall not be reimbursed.
If a motorcycle is lost or out of service due to the fault of the Lessee, a replacement motorcycle can be provided to the Client (if available). The replacement motorcycle is subject to a separate deposit and rental payment.
If the motorcycle is out of service due to the fault of the Lessee, the cost of the motorcycle haulage is not included in the deposit, the cost of transportation is calculated and paid separately.
If the motorcycle is out of service due to the fault of the Lessee, the payment for the remained days of renting will not be returned.
If the motorcycle is broken down due to the technical problems beyond the control of the Lessee, the Client shall be provided with the replacement motorcycle, and the downtime shall be compensated.
The deposit for the motorcycle does not cover any additional equipment and riding gear, if such equipment and/or gear is damaged it shall be charged separately.
13. Off-Road Riding:
The Customer acknowledges that off-road use of the motorcycle is strictly prohibited unless explicitly authorized by the rental company.
Any damage or excessive wear resulting from off-road use, including but not limited to dirt trails, beaches, or non-public roads, will be the sole responsibility of the Lessee.
The Customer is liable for any additional cleaning or maintenance costs incurred due to off-road use.
14. Early returns: if costumer decide return motorcycle earlier then the booking schedule time there is no refund.
15. Sibiriada CG D.O.O. reserves the right to refuse the motorcycle to any user who fails to arrive on time (including a 30-minute “grace period”), fails to provide all the necessary documentation and/or information, fails to provide a credit card with enough available funds for the deposit; or if the driver show signs of being under the influence of alcohol, drugs or any other substance affecting his perception or reactions or otherwise appears unfit to operate the motorcycle. In such cases, unless the rental has been cancelled in advance, the renter will be considered a “no show” and will not be entitled to a refund. The prices are based on the pick-up and drop-off times and dates that the user arranges before the rental starts. If the user picks the motorcycle up any later or brings the motorcycle back any earlier, the user will not receive a refund for the unused hours or days.
16. The minimum Rental Period is one day.A “day” is a 24-hour day beginning on the date and time noted on the Rental Agreement. If you return the Motorcycle more than 29 minutes after the scheduled return time, we reserve the right to charge you for an additional rental day at the applicable daily rate as shown on the Price List.If you wish to extend the scheduled Rental Period, you must request our express written authorization and pay for the estimated additional charges before the scheduled return time.Under no circumstances may the deposit be used as form of payment in case of extension of the rental agreement. If you fail to return the Motorcycle when due and continue to use it without our express authorization, we may terminate this Agreement, and you will have sole responsibility for the payment of any fines or penalties assessed against you, the Motorcycle or us due to the lack of updated documentation.
17. There is no refund for late pick-up or early return. If you use a credit card or other payment card issued by a bank or financial institution any currency conversion will be handled by the issuing bank. All Charges are subject to our final audit. If errors are discovered after the close of this transaction, you authorize us to correct the Charges with the payment card issuer. You must notify us of any disputes to the Charges no later than 30 days after your receipt of the invoice.
18. We are not responsible for loss of or damage to personal property that was left with us or carried in or on the Motorcycle. If you fail to claim property left in the Motorcycle for more than 30 days, we may dispose of that property in a manner we choose. To the extent permitted by law, You waive all claims against us, our agents and employees for loss of or damage to the personal property of you or another person, which we received, handled, or stored, or which was left or carried in or on the Motorcycle or in any service vehicle or in our offices, whether or not the loss of damage was caused by our negligence or was otherwise our responsibility. The Motorcycle may be equipped with an infotainment system that permits you to pair your own mobile devices. If you choose to do so, please note that the Motorcycle may automatically load your address book, store your incoming, outgoing and missed telephone calls, and other information from your device. You should follow the steps displayed on the motorcycle’s system screen to delete this information and the device from the Motorcycle’s memory. We are not responsible for assuring the privacy of any such information, and cannot guarantee that other persons you do not authorize will gain access to this information after you return the Motorcycle
19. TELEMATICS NOTICE.
The Motorcycle may be equipped with global positioning satellite (GPS) technology or another telematics system, and/or an event data recorder (EDR). You acknowledge and authorize that the use of this Motorcycle may be remotely monitored by us or on behalf of us through such systems to the extent permitted by law. This remote monitoring may include collection of Motorcycle data, such as: location, odometer, oil life, fuel level, tire pressure, battery state of charge, diagnostic trouble codes, and other elements we may deem necessary. To the extent permitted by law, we may disable the Motorcycle when we deem necessary, including if you breach this Agreement. These systems may use cellular communications, and you should have no expectation of privacy related to your use of this Motorcycle. You agree to inform all drivers and passengers of the Motorcycle of the terms of this section, and that you have authorized release of information collected by GPS or other telematics system or EDR. We are not responsible for the operability of any telematics navigational or other system included with the Motorcycle. To the extent permitted by law, you agree to indemnify, defend and hold us harmless from any damage to persons or property caused by failure of the GPS or other telematics system or EDR to operate properly, or otherwise arising from the use of the GPS or other telematics system or EDR.
20. Any litigation in conjunction with this rental agreement will be disputed before the Court in Podgorica.