Article 1. DURATION
The duration of the rental is strictly defined. Upon termination, and at the predetermined date and time, the Renter is under an obligation to return the “Vehicle” to the Renting Company’s station; in any other case, he/she has to compensate the Renting Company for any loss or damage caused thereof.
Any modification to the above time and place of return can be exclusively made in case of concurrence of the following conditions: a) written notification from the Renter to the Renting Company at least 48 hours prior to the termination of the above duration; b) written consent of the Renting Company; and c) with the advance payment by the Renter of an extra-charge that will be agreed on.
In case of delay of return of the “Vehicle” by the Renter beyond the predetermined time, the Renter will be charged with an extra amount.
Article 2. RENTAL PRICE
1. The price for the rental of the vehicle is agreed upon by both parties and fully corresponds to its commercial rental value.
2. The above rental price is agreed to be paid in advance as follows:
a) in cash, at the station of the Renting Company, or
b) by credit card, or
c) by deposit to the company’s account 1) No. 631002330001854 at the ALPHA BANK 2) No. 0026034075020042 at the EUROBANK 3) 5710087933925 at the PIRAEUS BANK.
The payment of the rental price will be documented either with a written receipt of the Renting Company or by the relevant deposit slip to the above mentioned bank account, excluding any other form of evidence, including testimony under oath.
3. The agreed rental price does not include any amount or expense not explicitly included in the present terms and conditions, which must be fully borne by the Renter.
4. The Renter will also bear any payment to the Renting Company for any amount that the Renting Company will have to pay anyone, which according to the present terms and conditions and the applicable legislation is to be borne by the Renter, as well as any fine that will be imposed to the Renting Company due to the non-contractual or illegal behavior of the Renter, even if such amount is charged at its vehicle expense or will be charged to it after the termination of the rental and the return of the vehicle to the Renting Company, if said charges refer to the period of duration of this rental.
5. The above rental price is agreed for the case that, upon the termination of the rental, the agreed kilometer limit has been fully covered. Covered kilometers are evidenced by the vehicle odometer readings at the time of delivery to the Renter, up to the return to the Renting Company and its acceptance. The reading of the covered kilometers will be done upon the return of the vehicle , when the relevant ca lculation is effected. In case of excess of the kilometer limit, the Renter is obliged to pay for the excess charge, at the same time as the settlement of the account.
6. Obstructing and reprogramming of the vehicle odometer by any means is prohibited. In case of violation of this term by the Renter, the Renting Company is entitled to determine the kilometer reading at its own judgement, which will be bounding for the Renter.
Article 3. DELIVERY - RETURN
The “Vehicle” is delivered to the Renter in an excellent condition and free from any real or legal defect. The Renter carefully inspects the “Vehicle” and, if he finds it of his/her absolute liking, he/she will accept it unconditionally. Along with the Vehicle, the Renter is given copies of the vehicle license and insurance policy and a helmet.
The Renter must return the “Vehicle” to the Renting Company, along with all the relevant documents and the helmet, in the same condition that he had accepted them at the time and place determined in Article 1 here above.
Article 4. CONDITIONS OF USE
1. The Renter is permitted to use the vehicle exclusively within the territory of Syros island, except in cases of mutual prior agreement of both parties to the opposite.
2. During the period of rental, and in particular from the delivery of the vehicle to the Renter up to its return and acceptance by the Renting Company, no other person is allowed to drive the Vehicle except for the Renter.
3. Any engineering, technical or visual alteration of the Vehicle, as well as its partial or total sub-rental or the assignment of its use to a third party under any condition, with or without trade, are prohibited without the written consent of the Renting Company.
4. The Renter must show diligence in driving and using the “Vehicle”; check its mechanical condition carefully, the levels of oils and water, the tyres, etc.; be careful and take all appropriate measures for its prompt and normal operation. Be careful when parking to secure the on board lock. The Renter must immediately notify the Renting Company regarding any scratch or damage to the Vehicle during the rental period, as he/she will be held responsible for any damage incurred to the Renting Company due to any lack of or delayed notification.
5. It is prohibited for the Renter or any other person, even if requested to do so by the Renter, to conduct any repair or work in general on the Vehicle, without prior consent of the Renting Company.
6. It is forbidden for the Renter to use the “vehicle”:
a. In order to carry persons or goods for return payment.
b. For participation in any speed race.
c. For sub-renting it to any third party.
d. To carry or move heavy luggage or objects, inflammable articles, filthy items, drugs, weapons or any other equipment, whose possession or transport is forbidden by the applicable legislation or which may entail any risk to the safety of the “vehicle” or its passengers or to any third party, as well as to tow any other two-wheeled vehicle.
e. Outside Syros without the prior written consent of the Renting Company.
f. If the Renter is under the influence of alcohol, hallucinogens, drugs or any other substance that may affect his/her driving capability.
g. In contravention to any traffic, customs or any other applicable legislation provisions.
h. Without wearing a suitable helmet.
i. On roads unsuitable for driving.
j. In excess to the restrictions and activities of the rental, described in Article 1.
Article 5. ACCIDENTS
In case of accident or any other incident, the Renter is obliged to immediately act in the following way:
A) Immediately notify the Renting Company.
B) Write down the names and addresses of any eye-witnesses, as well as of any other person involved in such incidents.
C) Not accept any claim whatsoever by any third party.
D) Call the Police.
E) Collect any relevant information from any third person, as well as any other document or item (for example, photographs, etc.) and send them to the Renting Company.
Article 6: DAMAGES – THEFT – ABANDONMENT
1. The Renter must fully reimburse any damage that could be incurred to any part of the Vehicle throughout the rental period, irrespective of cause. Moreover, in case of theft of the Vehicle, he/she must indemnify the Renting Company to the full commercial value of the Vehicle.
2. In case of non-contractual return of the Vehicle or its abandonment by the Renter, he/she must indemnify the Renting Company for any loss or damage; the expenses for searching it; the expenses for traveling to the place that it was found and its transport to the Renting Company station; the fees for the legal advisors and any court expenses; and in case it is not found or it was stolen, to pay for all these, plus its commercial value.
3. In the above cases, the Renter must promptly pay for the indemnification to the Renting Company, irrespective of any insurance coverage. In the case that the insurance company reimburses the Renting Company, the latter is obliged to restitute the amount paid by the Renter, if the damage has been entirely covered.
Article 7. INSURANCE COVERAGE
A) The Renting Company provides simple third-party liability insurance. The insurance policy is valid, under the condition that the Vehicle is used in full compliance with the present terms and conditions and that the Renter has been fully observed the present terms and conditions.
In the opposite case, the Renter is fully and exclusively responsible for the reimbursement of any probable damage incurred, by paying the Renting Company any amount relative to the cost of repair or replacement of the Vehicle, and he/she must waive any claim against the Renting Company, even if he/she has given a guarantee deposit for the rental of the Vehicle.
B) The Renting Company is entitled to collect directly any amount paid by any insurance company in execution of respective contracts, in case of incurrence of any insured risk. The Renter does not have, and neither will have, any right or claim on such amounts.
Article 8. GUARANTEE
The Renter is obliged to pay the Renting Company the agreed amount as a guarantee, not only for the implementation but also for the quam in suis implementation of each and every of the present terms, separately and in all. This amount will remain in the hands of the Renting Company and will be restituted without interest to the Renter upon the termination of the rental and the return and acceptance of the Vehicle: this will be under the condition that the guarantee is not drawn down in its benefit, an event that will implicitly occur in the case that even one of the present terms is not only simply not implemented, but not quam in suis implemented by the Renter, as all the terms are considered by the parties as major and substantial, and under the inviolable conditions that a prior settlement was reached for any scratches and damages of the Vehicle, for which the Renter is responsible, in compliance with the present provisions and the relevant legislation, and that the Renting Company has determined that the Vehicle upon return is in the same condition as it was during its delivery to the Renter.
Article 9. FUEL
The cost for fuel will be fully borne by the Renter.
Article 10. TRAFFIC VIOLATIONS – FINES
The Renter is fully responsible vis-à-vis any responsible state authority for any traffic violation that he/she may have been involved in. In such a case, any fine or penalty will be borne by and exclusively refer to the Renter, as the Renting Company does not bear any responsibility.
Article 11. WAIVER
The Renting Company may be held liable only in case of fraud or gross negligence. In any other case (to include failure, occurrence or force majeure) the Renting Company is not to be held liable and no claim can be launch against it.
Article 12. DELEGATION OF RIGHTS
The Renting Company is entitled, at its own full discretion and upon written communication to the Renter, to delegate its rights deriving from this private vehicle rental agreement to any natural or legal third person that will substitute the Renting Company without any exception to all its rights and obligations thereof.
The Renter is not entitled to delegate any of his/her rights or obligations, deriving from the present private vehicle rental agreement.
Article 13. VIOLATION OF THE RENTAL AGREEMENT
In any case that the Renter violates any of his/her obligations under this rental agreement, or in case that information or other data provided to the Renting Company is not correct, or if he/she does not show diligence quam in suis in driving, using and securing the “Vehicle”, the Renting Company is entitled to terminate the rental and claim the full restitution of any loss or damage. In case the Renting Company does not terminate the rental, it does not waive its right to the full restitution of loss or damage, and neither is the Renter exempted from that obligation. In case of termination of the present, the Renting Company is entitled to exercise all its ownership and possession.
Article 14. TERMINATION BY THE RENTER
The Renter is entitled to terminate this rental agreement prior to its defined expiration, under the condition that he/she has implemented all his/her obligation herewith. In such case, he/she is under an obligation to pay the Renting Company the entire amount agreed for the pre-agreed rental period, unless the Renting Company consents to the opposite. No advance payments will be refunded.
Article 15. MISCELLANEOUS TERMS
1. All terms herewith are considered substantial. The present is the full and exclusive agreement between the contracting parties and prevails against any other verbal or written agreement to the opposite.
2. Any tacit renewal of this rental is implicitly forbidden.
3. Any modification of the terms of this rental will be made in writing and will be evidenced in writing, excluding any other form of evidence, including the testimony under oath.
4.Any non-prompt exercise by the Renting Company of any of its rights, either once or repeatedly, does not entail its waiving from any such rights.
5. It is implicitly agreed that for any difference that may arise in respect to this rental, jurisdiction will lie with the Courts of Syros, Greece.
6. Any notification, communication or servicing of documents in respect to the present rental will be made to the addresses stated at the beginning of this document.