GENERAL TERMS AND CONDITIONS OF RENTAL AGREEMENT
1. Object of this Agreement.
By completing and signing agreement, which consists of Rental Agreement, General terms and conditions of Rental agreement, Additional fees table and Table of flat-rate compensation (hereinafter referred to as „Agreement“), TP RENT AS, legal entity’s code 929 018 370 (hereinafter referred to as „Lessor“), and the person, defined in clause No.2 of Rental Agreement (hereinafter referred to as „Lessee“), agree that the Lessor forwards the user rights of the vehicle (hereinafter referred to as „the Vehicle“) to Lessee for a fee under the terms of this Agreement, whereas Lessee undertakes to use the Vehicle in accordance with the provisions of this Agreement.
2. Return of the Vehicle.
The Lessee undertakes to return the Vehicle cleaned from the outside and inside, in the same condition as rented, to the location of return point, indicated in clause No.7 of the Rental Agreement.
The rental period can be extended only if the Lessee submits the application and obtains the written consent from the Lessor.
If the Vehicle is not returned at the location of return point, date and time indicated in clause No.7 of the Rental Agreement, the Lessor may report it to the law enforcement authorities.
If the Lessee returns the Vehicle but fails to return the Vehicle documents and (or) key to the agreed location of return point, Lessor will add a rental extension charge (for additional days) to the rental charges of 1500NOK for each and every twenty-four hour period of delayed return till the Vehicle documents and (or) key are returned to the agreed location of return point.
Extension charge (additional days) of 1500NOK will be charged for a period of maximum 5 days.
If 5 days have passed, Lessee will be charged a fee of 4500NOK for lost documents and a fee of 6000NOK for lost key.
The Lessee shall perform the visual inspection of the Vehicle at its receipt from the Lessor and may demand, before the conclusions at the Agreement, the disclosure of all damages or defects reported in clause No.5 of the Rental Agreement.
While returning the Vehicle to the Lessor, the Lessee shall be obliged to inform the Lessor of any damage caused to the Vehicle during the rental period.
If the Lessee, at the time of returning the Vehicle the latest, did not inform the Lessor of the damage caused to the Vehicle while it was in Lessee’s possession and the Lessor discovers this damage at a later date, the Lessee shall be obliged to pay the Lesor the additional fee for the explanatory proceedings in the amount of 700NOK as well as the total cost of Vehicle’s repair.
When returning the Vehicle to the Lessor between 8:00 a.m. – 20:00 p.m., the Lessee may request the visual inspection of the Vehicle in Lessor’s presence and with his participation, or the Lessee returns the Vehicle between 20:00 p.m. – 08:00 a.m., the Lessee agrees that the Lessor himself inspect the Vehicle within 24 hours of the return unless he ordered an additional service for the return of the vehicle after hours in the amount of 500NOK.
It is presumed that the defects or damage found during the inspection carried out after returning the Vehicle to the Lessor, and not disclosed in clause No.5 of Rental Agreement, did not exist at the time of the receipt of the Vehicle by the Lessor and occurred when the Vehicle was in Lessee’s possession.
In such case the Lessee shall pay the Lessor the flat-rat compensation for damage found, in accordance with the enclosed Table of flat-rate compensation.
3. Amount of fuel and refuelling.
The Lessor confirms that he received the Vehicle with the amount of fuel indicated in clause No.4 of Agreement and undertakes to return the Vehicle with the same amount of proper fuel.
If the amount of fuel in the tank, after returning the Vehicle, is lower than when the Vehicle was giving to the Lessee, the Lessee shall be obliged to reimburse the Lessor the cost of missing fuel of 30NOK per litre and pay the additional refuelling fee of 450NOK.
If the Lessee refuels the Vehicle with improper fuel the Lessee shall obliged to cover the cost of repairing the damage caused to the Vehicle and pay the additional fee for handling the damage and Vehicle downtime in the amount of 15 000NOK and fee of 1500NOK for each 24 hours period the Vehicle is out of order.
4. Restrictions on the use of the Vehicle.
The Lessee has no right in particular to:
a) transports the passengers or good for a fee;
b) change or tow another vehicle using the Vehicle rented;
c) use the Vehicle contrary to the law in force at the place where the Vehicle is used by the Lessee;
d) drive or allow another person driving the Vehicle while being under the influence of alcohol, drugs or medicines that impair the ability to drive motor vehicles;
e) participate in car races or other forms of competitions using the Vehicle rented, or preparing for them;
f) use the Vehicle outside paved roads.
In case the Lessee cause damage to the Vehicle when under influence of alcohol or drugs, Lessor shall bear strict responsibility for all direct and indirect damages incurred due to the damage caused to the Vehicle.
The Lessee may not cross the state border of Norway without the prior written consent of the Lessor.
The Lessor may, for a fee, give permission to travel outside the borders of Norway, but only to the territory of Sweden and Denmark.
In case of crossing the state border of Norway without the prior written consent of the Lessor, the Lessee shall pay the Lessor an additional fee of NOK 5000.
In the event of a road incident involving a Vehicle that has crossed the borders of Norway without the consent of the Lessor, it is considered that the damage is not covered by insurance and the Lessee shall bear the total cost of damage repair.
5. The right to use the Vehicle.
The Vehicle may only be used by a person at least 25 years old, whose data has been indicated in clause No. 2 or 3 of Rental Agreement, having a valid and appropriate for the type of Vehicle driver’s license and at least 2-year experience in driving this type of motor vehicle.
Transferring the Vehicle to another person to use, hold or drive shall result in the Lessee being charged with a contractual penalty of 5000NOK. The Lessee shall bear strict liability for the Vehicle loss or damage caused to the Vehicle during the use of the Vehicle by an unauthorised person.
6. Repairs.
The Lessee is not allowed to perform or commission the Vehicle’s repair.
In the event of a failure, malfunction or the need to service the Vehicle, the Lessee shall immediately inform the Lessor of this fact and shall follow the instructions received.
In the violation of this prohibition, the Lessee shall bear strict liability for the damage caused to the Vehicle and shall pay the additional fee of 5000NOK.
7. Law infringement.
The Lessee shall be obliged to observe the traffic regulations and other legal norms in force at the place where the Vehicle is used.
The Lessee shall be obliged to pay any financial penalties imposed in connection with violations committed by the Lessee or the person the Lessee is responsible for, in connection with the use of the Vehicle.
If the Lessor is obliged by public authorities or any insurance company to provide certain information or documents in connections with a road incident or violation of legal norms involving the Vehicle while it was in the Lessee’s possession, the Lessor shall charge the Lessee an administrative fee for handling any such case in the amount of 700NOK.
8. Responsibility for the Lessee’s property.
The Lessor shall not be liable for any damage or loss of the Lessor’s property carried or left in the Vehicle.
9. Vehicle insurance.
The Vehicle was insured , at the expense of the Lessor, against third-party liability in accordance with the law and is subject to the reinsurance agreement.
The Vehicle is also insured against accidents, natural disasters and theft.
Lessee may reduce its liability by paying an extra amount per 24 hours according to the class of the selected vehicle.
Nevertheless, the liability reduction fee shall not be applicable in the following cases of damage: tyres, wheel rims, hubcaps, interior of the vehicle, wing mirrors, rear view mirror, car glass, locks, undercarriage, clutch, engine, sump, catalytic converter and radiator.
Also not included are battery recharge, loss, of keys, towtruck, taxi after an accident, deposit for the vehicle replacement and Compensation for lost rental days while the vehicle is being repaired.
10. Road incidents. In the event of the Vehicle’s involvement in an accident or road collision while the Vehicle was in the Lessee’s possession, the Lessee shall be responsible for the driver’s due diligence and undertaking in good faith the necessary actions to facilitate the claim settlement, in particular:
a) determining first name, surnames , addresses and telephone numbers of the persons participating in the accident or were the witnesses of an accident, as well as the insurance details, insurance company and policy number, makes, models and registration number of the vehicles involved in the accident;
b) not making any declarations starting the responsibility for the event at the place of an accident;
c) immediately rescue the vehicle, protect it from further failure and eliminate factors that may increase the damage, not to leave the Vehicle without the proper protections of it;
d) reporting the accident to the police and not leaving the place of accident without the permission and the certificate issued by the Police;
e) immediate notification in writing to the Lessor about the road incident, its course and consequences.
In the event of failure to comply with the above-mentioned acts of diligence, the Lessee shall pay to the Lessor an additional fee, as for handling the claim settlement procedure the Lessee is liable for, in the amount of NOK 700. In such a case, the Lessee may also be held liable for damage resulting from this incident, if as a result of the above negligence, it is impossible to determine other persons responsible for the claim settlement.
11. Vehicle theft.
The Lessee undertakes to exercise the utmost care to protect the Vehicle against the damage or theft while the Vehicle is in his possession.
In particular, after parking the Vehicle, the Lessee shall be obliged to lock the Vehicle, close to windows, and do not leave any objects in the cabin that could increase the risk of Vehicle theft or damage.
The Lessee undertakes to park the Vehicle only in places designated for parking.
In the event of theft, the Lessee shall be obliged to pay the Lessor the amount specified as TP in Table of flat-rate compensation.
In the event of theft, the Lessee shall return to the Lessor all the key and remote controls, if given) to the Vehicle as well as all relevant documents (registration card, insurance policy, technical inspection certificate and documents confirming that the accident was reported to the police) and shall confirm that he has used the security devices in the Vehicle in accordance with the Lessor’s requirements.
If the Lessee is unable to meet the above requirements in the event of the theft , he will be obliged to return to the Lessor the amount corresponding to the total value of the Vehicle.
12. Damage not covered by the insurance.
The Lessee shall bear full financial liability for damage in its full scope, in cases of damages not covered by the attached table of flat-rate compensation, and also when the damage:
a)consist in (or results from): the need to recharge the battery, taking a taxi after the road incident, losing the keys, paying for a replacement car, waiting for the Vehicle to be repaired;
b) was caused by unpaved or off-road driving, or by refuelling with improper fuel;
c) occurred outside the borders of Norway, and the Lessee did not have prior consent of the Lessor to drive this Vehicle to another country.
The above damage are not covered by the Vehicle’s insurance and the Lessee is responsible for repairing such damage in whole unless the Lessee proves that the occurrence of such damages was an exclusive fault of the Lessor or the third party whom the Lessor is responsible for.
13. Claim settlement.
The Lessee undertakes to participate in the claim settlement procedure, carried out by the Lessor or other entity, concerning the damage arising from a road incident involving the Vehicle, theft of the Vehicle or damage caused by the Lessee or the persons whom the Lessee is responsible for, in particular by providing all information, making relevant statements in the required form and presenting the required documents.
If the Lessee is responsible for the damage, he will pay an additional fee of NOK 700 for handling the claim settlement.
14. Payments. The Lessee shall pay the Lessor:
14.1. Rental fee (rent) calculated using the rent for a given Vehicle, according to the current Lessor’s offer;
14.2. Fees for the additional services offered by the Lessor and the ordered by the Lessee;
14.3. The compensation for the direct and indirect damage caused to the Lessor.
15. Interest for delay.
If the Lessee is in arrears in payment of any resulting liabilities of the Lessee resulting from the Agreement, the Lessee shall be obliged to pay the Lessor, without the separate notice, the contractual interest of 1,0 percent of all unpaid amount for each day of the delay.
All payments made by the Lessee after the due date shall be first credited towards the interest due for the delay.
16. Terminator of the Agreement.
If the Lessee grossly violates the provisions of the Agreement, which exposes the Lessor or third party to the detriment, the Lessor may take the Vehicle from the Lessee and terminate the Agreement before the rental period expires.
In case, the Lessee undertakes to cover all costs related to the return of the Vehicle to the Lessor and waives all claims against the Lessor for the damage the Lessor has suffered in connection with this.
17. Final provisions.
In all matters not regulated by this Agreement, the legal norms from legal acts of Norway shall apply.
All disputes between the Parties shall be settled by the common court having the jurisdiction according the address, where the Lessor is registered.
Any amendments or additions to the Agreement shall be null and void unless made in writing and approved by both Parties.