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Basic Provisions:
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The Lessor and the Lessee (the Contracting Parties) conclude a written motor vehicle leasing contract (hereinafter referred to as the Contract), on this standard form of the Lessor, the content of which is hereby agreed on by the Contracting Parties. The type and a more detailed specification of the motor vehicle being leased (hereinafter referred to as the MV) is stated in the Contract (the front side of this form).
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The Lessor puts the vehicle at the disposal of the Lessee, the owner of which, however, need not be the Lessor. In that case, however, based on its internal contracts with the owner, the Lessor is permitted to sublease the vehicle.
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The Lessor is Obliged to:
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Hand over the MV for temporary use to the Lessee in a good technical condition, will a full fuel tank, with compulsory equipment and accessories, and with required documents according to regulations in force (a Registration Certificate, and a certificate of compulsory motor vehicle liability insurance). The method, the place, and the time of delivery of MV shall be agreed by the Lessor and the Lessee in the Contract. The delivery and takeover of MV shall be confirmed by both Parties by signature in the Contract, by which the Lessee also confirms that MV is in a proper technical condition, and has all compulsory and agreed equipment, as well as necessary documents. The Lessor is obliged to permit a short test drive to the Lessee (upon demand).
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Ensure insurance for MV through compulsory motor vehicle liability insurance against damage caused by the operation of motor vehicle, as well as insurance for MV through motor hull insurance, with a Lessee‘s deductible of at least 5%, minimum 166 EUR.
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Ensure the settlement of all insurance claims.
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Carry out necessary service inspections for the MV leased according to prescribed standards defined by the MV manufacturer, and repairs according to these Conditions.
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The Lessor is obliged, if an inspection or a repair of MV is not carried out within 8 hours, to ensure its replacement. This, however, does not apply to the need for the removal of damage caused by the Lessee and by persons who were allowed by the Lessee to use MV in contradiction to the Contract or to the Conditions, or of damage caused by an unknown perpetrator.
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The Lessee is Obliged to:
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Use MV for his/her needs only. The Lessee may not sublease MV, use it for a race, competitions or other similar events, use MV to tow or push other vehicles, trailers or other objects. The Lessee may only appoint his/her own employees or members of statutory bodies who will be entitled to use MV, however, he/she may not provide it to another entrepreneur or legal entity. A list of persons entitled to use MV must be specifically included in the Contract, and may not be changed without prior written consent of the Lessor. The Lessee is responsible for that MV will only be driven by a person who is authorised to drive motor vehicles of the category to which MV belongs.
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Take care of that no damage is caused to MV, and follow MV manufacturer‘s instructions concerning tyre pressure.
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Moreover, the Lessee may not use MV for the transport of easily flammable, radioactive, poisonous or other dangerous substances; sell, pledge, donate, lease or lend MV to third parties, use MV for the transport of travellers or property for remuneration, use MV in a way being in contradiction to the Contract or its purpose. The Contracting Parties may agree upon other conditions in the Contract.
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The Lessee may not make any changes on MV without prior written consent of the Lessor. The Lessee is obliged to remove any additions, accessories or advertising labels before the end of the agreed term of lease, and reinstate MV at its own expense.
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The Lessee is obliged to acquaint himself/herself with the instructions for proper use and maintenance of MV and its accessories according to manufacturer‘s instructions, and carefully follow the same throughout the period of its use. The Lessee is obliged to keep MV in the same condition as it was taken over, taking into account normal wear and tear. Normal wear and tear means wear and tear which corresponds to the period of operation and kilometres driven. The Lessee shall refrain from any actions that may lead to the creation of third-party rights with respect to MV.
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Where MV is equipped with a safety device (an alarm, a mechanical safety device, etc.), the Lessee is obliged to put the device into service each time when he/she is leaving MV so that after his/her departure, MV is duly locked and secured. In a parked MV, the Lessee may not leave his/her documents that are required for the use. In the event of any loss or theft of documents or loss of the keys or remote control from the vehicle, the Lessor shall charge the loss amounting to demonstrable cost of the removal.
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Upon request of the Lessor, the Lessee is obliged to take the vehicle at any time during the term of the Contract, for an inspection of whether MV is used properly.
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The Lessee is obliged to take care of that no destruction, damage, loss or theft of MV occurs. Should the Lessee inflict any damage to another or to their vehicle, another property or health, the Lessee is obliged to report the fact immediately to the Lessor and to the competent police department. The Lessor shall ensure that this fact is reported to the insurance company at which MV is insured.
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If the Lessee fails to report the occurrence of any damage to the Lessor and to the competent police department, the Lessee shall be fully liable for any damage caused by such MV to another property or health. If any damage is caused to MV or any damage is caused by its operation (any damage, theft of MV, damage to another vehicle, damage to another property, etc.), then the Lessee shall bear all costs associated with the removal of damage. The cost of repairs or the removal of damage inflicted by the Lessee and not paid by the insurance company shall be paid by the Lessee. If the insurance company pays only a part of damage, then the Lessee shall pay the Lessor the unpaid portion.
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The Lessee is liable for any damage resulting from destruction (a total loss), theft or damage to MV to the extent to which the damage is not covered by insurance company’s benefits under the insurance policy. At the same time, the Lessee undertakes to pay loss profits for the period between the start of an insured event and the end of a repair or declaration of total loss by the insurance company, as well as for any other damage resulting from the insured event and not to be accepted by the insurance company. In the event of Lessee’s gross negligence, when the benefits are reduced and cover the costs of the compensation of damage only partially (or not at all), the Lessee shall pay a difference between the cost of repair and the benefit paid by the insurance company, or the damage in full, if the insurance company does not pay the benefits at all. The amount of lost profits, however, maximum up to the amount of the rental rate agreed, shall be determined by the Lessor.
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If the vehicle is stolen, the Lessee is obliged to deliver a police certificate documenting the theft of MV to the Lessor, including a Registration Certificate (RC), the keys and control devices of MV and from the mechanical or electronic securing device. If the benefits are reduced by the insurance company due to a failure to deliver all documents given above, for which the Lessee is responsible, the Lessee is obliged to compensate the Lessor for such damage in full. At the same time, the Lessee undertakes to pay lost profits for a period between the theft of MV and the issue of a police certification documenting the end of investigation, in the amount of the rental rate agreed.
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In the event of any intentional damage, destruction, theft or damage inflicted under the influence of alcohol or other narcotic drugs, the Lessee shall be liable for the damage in full.
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If the Lessee fails to take MV for a regular service inspection in time, i.e. when the number of kilometres driven has been exceeded (after which MV is to be taken for a regular service inspection) by more than 1 500 kilometres, the Lessee is obliged to pay the Lessor a contractual penalty amounting to 0.8% of the MV acquisition price, and also a contractual penalty for other 1 000km that have started, in the same amount, by which the regular planned inspection exceeded the 1 500km limit for the planned inspection of MV.
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In the event of any car accident or insurance claim, in which the Lessee and the leased MV is a participant, the Lessee is obliged to inform the police without undue delay, and draw up an Accident Report, which must be duly filled in and signed by all accident (insured event) participants or by the witnesses, marking the competent department of the Police Corps of the SR which investigated the accident. The Lessee is liable for the performance of all statutory obligations resulting to a drive on grounds of a road traffic accident, in which the Lessee participated with leased MV. Any damage to MV inflicted during the term of lease shall be reported by the Lessee to the Lessor without undue delay, as well as to the competent department of the Police Corps of the SR. The Lessee is fully liable for any damage inflicted to MV by them.
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The Lessee is obliged to tolerate any restrictions in the use of MV in the scope of and during a period which is required for the performance of repairs, maintenance and inspections under these Conditions. In the event of any necessary repair on the road in any place on the territory of the Slovak Republic, the Lessee may ensure the repair in authorised repair shops only, and based on prior consent demanded from the Lessor, and consult with the Lessor initially over the phone or in any other appropriate manner, the provision of the repair. If any expenses for such repairs are incurred to the Lessee, upon the submission of a payment document (an invoice), the expenses shall be refunded by the Lessor.
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The Lessee fully accedes to the Lessor’s insurance terms and conditions.
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When MV is returned in a dirty condition, the Lessee understands that the Lessee is responsible for any possible damage that are identified later only after MV is washed by the Lessor.
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If any traffic violation is caused by the Lessee, each time the Lessee undertakes to bear all associated costs.
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Other Arrangements:
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The rental rate agreed in the Contract is determined by agreement of the Parties as a daily rate. The daily rate means a payment for 24 hours from the commencement of leasing. If this period has been exceeded by more than 60 minutes, the next daily rate shall be charged. Particular payments are due each time according to the due date of the respective invoice.
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If during the return of MV, the fuel tank is not full, the Lessee is obliged to pay the Lessor any demonstrable costs associated with its refuelling. If the interior of returned MV is in an excessively dirty condition, the Lessee is obliged to pay a lump fee of 20EUR for the extremely dirty interior. During the term of lease, the Lessee shall bear standard costs for MV operation.
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The Lessor is entitled to modify the agreed rental rate with respect to any changes in costs, mainly the amount of the premiums, road taxes, etc., which could not have been foreseen when the Contract was made. The Lessor is obliged to report such a modification of the rental rate to the Lessee in writing. The Lessee is entitled, not later than 3 days of the receipt of written notice by the Lessor of the modification of the rental rate, to terminate the Contract immediately in writing for this reason, and return MV as at the effective date of notice given to the Lessor. Notice becomes effective on the day when it is delivered to the Lessor. If the Lessee does not terminate the Contract within the said period, it appears that the Lessee agrees with the increase in the rental rate, and agrees to pay the increased price for leasing according to a new pricelist of the Lessor starting from the day of delivery of the notice of the increase in the rental rate, unless a later date is specified in the notice for the increase in the rental rate. The rental rate includes costs associated with the obligations of the Lessor under these Conditions for the leasing of MV. Fuels shall be paid by the Lessee at its own expense.
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The rental rate shall be paid by the Lessee in such a manner that a part shall be due immediately upon delivery of MV by the Lessor, and then on a regular basis, in agreed payments, which shall be due each time at the beginning of the agreed period, unless the Parties agree otherwise in the Contract. The Lessor is entitled, before or during the delivery of MV to the Lessee, to demand a reasonable advance payment from the Lessee, i.e. a cash payment or a payment by noncash bank transfer to an account, or by payment card. The rental rate shall be billed by the Lessor in an invoice (a tax document). The invoice shall be due within 7 days of its issue, except for the billing of a rental rate for MV which was due before the takeover of MV, which shall be paid by the Lessee not later than on the takeover of MV.
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If the Lessee returns MV before the termination of the term of lease, the Lessee is obliged to pay the Lessor the agreed rental rate for the entire term of lease, unless the Parties agree otherwise. If the Lessee returns MV earlier than as agreed in the Contract, in the case of long- term leasing, the Lessee is obliged to pay the Lessor the rental rate according to the actual period of MV leasing under the Contract and the valid pricelist.
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If the Lessee fails to pay the agreed rental rate duly and in time under the Contract, the Lessee is obliged to pay, in addition to the agreed rental fee, also late payment interest of 0.5% of the outstanding amount for each day of delay, include a day that has begun, until full payment.
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If the Contract is terminated unilaterally by the Lessee (notice, withdrawal), the Lessee undertakes to pay the Lessor damage suffered by the latter as a result of early termination of the Contract.
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The Contract concluded for a definite period shall expire upon the lapse of the agreed term of lease, however, not before MV is returned. Before the lapse of the agreed term of lease, the lease may be terminated upon agreement of the Parties.
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Unless the Parties agree otherwise, the Lessor is entitled to withdraw from the Contract immediately:
a) in case of any delay of the payment of the rental rate for any period longer than 10 calendar days,
b) in the event of any damage to MV,
c) in the event of Lessee‘s death or in the event of Lessee’s legal incapacity or diminished legal capacity,
d) in the event of forced or planned dissolution or winding-up of Lessee’s company or trade licence, a significant impairment of Lessee’s economic condition, e. upon the initiation of Lessee’s liquidation or the adjudication of bankruptcy, etc.,
e) if MV was used to commit an offence, or an offence was committed on MV,
f) in the case of any material breach of Contract provisions or of the Conditions,
g) the leasing of MV shall be terminated upon its destruction, loss or the
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When the Contract is concluded for an indefinite period, each of the Parties may terminate the Contract. The notice period shall be 30 days. Thus, the lease relationship shall end by the lapse of 30 days of delivery of written notice to the other Party, unless specified otherwise in the Contract. The Lessor is entitled to terminate the Contract immediately if they identify that MV is used by the Lessee in contradiction to the Contract or to generally applicable principles for the use of MV, or if the Lessee has failed to fulfil the conditions imposed on them by the Contract or the Conditions. In such a case, notice shall become effective on the day when it was duly delivered to the Lessee. The delivery date also means a day when the communication was rejected by the Lessee, and a day when the communication was stored at the post-office. The Lessor shall deliver communication to the address specified in the Contract. As at the date of cessation of validity of the Contract, the Lessee is obliged to return the car to the place where it was picked up, unless the Parties agree otherwise. Notice shall not affect the possibility to withdraw as per Art. IV. par. 2 of these Conditions.
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On the day of the lapse of the agreed term of lease or termination of lease, the Lessee is obliged to return MV, including its accessories, equipment, documents, the original Registration Certificate, keys and control devices of DP and from the mechanical or electronic securing device, to the Lessor in the agreed place, and it shall be in the same condition as taken over, taking into account normal wear and tear. The return of MV including its accessories, equipment, documents, and all keys and control devices after the date of Contract termination, shall be deemed a late return of MV. In the event of late return of MV, the Lessee is obliged to pay the Lessor a rental rate for each day of delay, including a day that has begun.
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If the keys or documents or other accessories of MV are lost, the Lessee shall pay the Lessor a contractual penalty of 166 €, as well as costs associated with the procurement of lost objects.
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If the Lessee fails to return MV after the end of the term of lease duly and in time, or does not require a written consent from the Lessor to extend the term of lease, the Lessee uses MV without a legal ground. In such a case, the Lessor is entitled to report unauthorised use of MV by the Lessee to bodies in charge of criminal proceedings, whereas the Lessee shall bear all costs or loses inflicted by such action. The Lessee is obliged to pay the Lessor, for each day that has begun after the end of the term of lease under the Contract, and until MV is returned properly, a contractual penalty amounting to the agreed daily rental rate, plus 0.1% of the MV purchase price, on a daily basis, unless the Parties agree otherwise.
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Until changes are reported in writing by the Lessee, any communication may be sent to the last known address of the Lessee without losing its legal effect, of which the Lessee is aware.
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By signing the Contract, the Lessee agrees that the information stated in the Contract, as well as documents required for the conclusion of Contract (a driving licence, a passport, an ID card, a copy of an entry in the Commercial Register and in the Trades Register, etc.), may be processed electronically and stored by the Lessor in their database.
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The Parties may conclude a written amendment to this Contract, beyond the scope of these Conditions, that shall specify explicitly which provisions of the Conditions are amended or supplemented, and when signed by both Parties, the amendment becomes its integral part.
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These Conditions shall be governed by the legislation of the Slovak Republic.
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These Conditions containing a contract number constitute an integral part of the Motor Vehicle Leasing Contract.
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These General Business Terms and Conditions for the Leasing of Motor Vehicles have been issued by the Lessor with effective date on 01.03.2017 pursuant to Article 273 of the Commercial Code. Different provisions in the Contract shall take precedence over these Conditions. Any issues not regulated by the Contract, the valid pricelist and these Conditions shall be fully governed by the applicable provisions of the Commercial Code and of the Civil Code.
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The Lessee declares that he/she has familiarised himself/herself with these Conditions and the Lessor‘s valid pricelist for services, and gives his/her consent to the same.
