GENERAL TERMS AND CONDITIONS OF RENTAL AGREEMENT
1. Definition
The conditions of this Agreement apply for the whole term of the rental period and any extension thereof and to any vehicles, including replacement vehicles, rented from G.S.Liberatos (hereinafter called the vehicle).
2. Rental Period
Renter will rent the vehicle for the rental period shown in this Agreement. G.S.Liberatos may agree to extend this rental period but the rental period may not normally exceed 30 days unless otherwise agreed between the parties. If Renter does not bring the vehicle back on time he is breaking the conditions of this Agreement. G.S.Liberatos can charge Renter for every day or part-day Renter has the vehicle after he should have returned it to G.S.Liberatos. G.S.Liberatos will charge Renter at the contracted rate until it gets the vehicle back. After the termination of the agreed rental period G.S.Liberatos has the right to take back the possession of the vehicle, at any time and place and by any means without the consent of the Renter.
3. Renter’s responsibilities
(a) Renter and any other driver of the vehicle must look after the vehicle and take the necessary precautions to avoid its theft. Renter must always lock the vehicle when he is not using it, and he will incur a charge (which G.S.Liberatos will set from time to time) for lost keys. Renter must use any security device fitted to or supplied with the vehicle. Renter must make sure that he uses the correct fuel, (b) Renter is responsible for any damage to the roof or upper part of the vehicle caused by hitting low level objects, such as bridges or branches. This applies irrespective of whether or not Renter has opted for collision damage waiver in accordance with Clause 8. (c) Renter must not sell, rent or dispose of the vehicle or any of its parts. Renter must not give anyone any legal rights over the vehicle, (d) Renter must not let anyone work on the vehicle without G.S.Liberatos’s written permission, (e) Renter must let G.S.Liberatos know as soon as he becomes aware of a defect in the vehicle, (f) Where G.S.Liberatos has agreed to deliver the vehicle to Renter, Renter’s liability for damage and theft begin on delivery of the vehicle. Renter must bring the vehicle back to the agreed return location, during the opening hours displayed at the rental location. One of G.S.Liberatos staff must see the vehicle to check that it is good condition. Where G.S.Liberatos has agreed that Renter may return the vehicle outside business hours, or where Renter has requested collection of the vehicle, Renter’s liability for damage and theft shall extend to the earlier of midday of the first working day following the requested collection time (working day is defined as Monday to Friday 8 am to 6 pm), or the time of re-inspection of the vehicle by a member of staff, (g) Renter will have to pay for repairs if the vehicle needs more than G.S.Liberatos standard valeting (cleaning), or if the vehicle has been damaged either inside or outside (whether or not it is the Renter’s fault), (h) Renter must check before he brings back the vehicle that he has not left any belongings in the vehicle. If Renter is in contravention of any of his above obligations he forfeits his rights under the present agreement and he is also liable to restitute any damages G.S.Liberatos might suffer as a result of such contravention.
4. Vehicle Condition Report
The Renter received the vehicle in excellent order and condition after he has ascertained that it meets his full satisfaction. Renter cannot hold G.S.Liberatos liable for lack of care which might prevent an eventual malfunction of the vehicle resulting from mechanical or material damages. Not with standing the above G.S.Liberatos is responsible for repairing the above material and mechanical damages.
5. Property
The Renter hereby releases G.S.Liberatos from any liability for the loss or damage to any property left, stored or transported by the Renter or by any other person in or upon the vehicle during the rental period or after return of the vehicle to G.S.Liberatos. The Renter further agrees to protect and indemnify G.S.Liberatos against any third party claim based on or resulting from such loss or damage unless the latter is due to G.S.Liberatos gross negligence.
6. Conditions for using the vehicle
The vehicle must only be driven by the person(s) named overleaf, or by anyone G.S.Liberatos authorizes in writing. Anyone driving the vehicle must have held a full current driving license for at least one year. Renter or any authorized driver must not:
- Use the vehicle for hire or reward.
- Use the vehicle for any illegal purpose,…
- Use the vehicle off-road, or for racing, pacemaking, testing the vehicle’s reliability and speed or teaching someone to drive.
- Use the vehicle under the influence of alcohol or drugs.
- Carry a number of passengers and/or baggage which would cause the vehicle to be overloaded.
- Drive the vehicle outside GREECE unless G.S.Liberatos has given Renter written permission.
If Renter is in contravention of any his above obligations he forfeits his rights under the present agreement and he is also liable to restitute any damages FABRIKA’S might suffer as a result of such contravention.
7. Charges
Renter will pay following charges: (a) The rental charge, any applicable city supplement, the standard daily contribution to the road fund license and any other optional charges at the rates shown overleaf, (b) Any charge for loss or damage resulting from non-compliance with Clause 3. (c) A refueling service charge if Renter has used, and not replaced, more fuel than G.S.Liberatos supplied originally (unless at the time of signature of this Agreement a sum has been entered overleaf, in which event Renter has opted to pay that sum for a full tank of fuel, it being understood that no credit will be granted for any unused fuel at the termination of the rental) unless the Renter has made less than 100 km in which case he will only be charged for these and credited for the remaining unused fuel. The refueling charge is at the rates published at the rental location, (d) On demand, all fines and court costs for parking, traffic or other offences (including any costs which arise if the vehicle is clamped). Renter must pay the appropriate authority any fines and costs. If he does not, Renter will be responsible to pay G.S.Liberatos’s reasonable administration charges which arise when G.S.Liberatos deals with these matters, (e) On demand, the full cost of repairing or replacing the vehicle if it is damaged or stolen (even if it is not Renter’s fault). Renter may not have to pay the whole of the cost of repairing or replacing the vehicle if Renter has accepted G.S.Liberatos’s risk protection programme as shown overleaf (subject to Clause 8 below), (f) On demand, a loss of income charge. G.S.Liberatos will charge Renter at the contracted rate if it cannot rent out the vehicle because: it needs to be repaired, or is a write-off and G.S.Liberatos is waiting to receive full payment of the vehicle’s value. G.S.Liberatos will do everything it can to make sure the vehicle is repaired or it gets payment as soon as possible. G.S.Liberatos will never charge Renter for more than 30 days’ loss of income. Renter shall also be liable to a charge for any diminution in value of the vehicle on resale as a result of damage to the vehicle during the rental period, (g) On demand, any charges made by Customs and Excise or any other authority as a result of seizure of the vehicle by them, together with a loss of income charge, as provided under (f) above whilst the vehicle is unavailable for rental, (h) Any published rates for delivering and collecting the vehicle, (i) Interest which G.S.Liberatos will add every day to any amount Renter does not pay G.S.Liberatos on time, at the statutory rate provided each time by the law. (j) On demand, G.S.Liberatos’s costs, including reasonable legal fees where permitted by law, incurred in collecting payments due from Renter hereunder, (k) Value added tax and all other taxes and levies on any of the charges listed above, as appropriate. (I) Renter is responsible for all charges, even if he has asked someone else to be responsible for them. If it is Renter’s intention to pay by credit card or charge card then Renter’s signature overleaf shall constitute authority for G.S.Liberatos to compute and debit the final total charges against Renter’s’account with its specified card issuing organization, including charges due as a result of theft of, or damage to, the vehicle and any fines and court costs for parking and other traffic offences, (m) Where Renter elects that any charges under this Agreement are billed in a currency other than € (EUROS) (or payment is tendered in another currency), the rate of exchange used for any currency conversion shall be determined by G.S.Liberatos in accordance with its standard practice, including G.S.Liberatos standard handling charge.
8. Risk Protection
The rental charges under this Agreement include if Renter is not in breach of his obligations under this agreement motor party insurance. This provides cover for claims made if Renter injures or kills anybody for an amount up to EUROS € and up to EUROS € cover for damage to property. G.S.Liberatos will provide collision damage waiver and theft protection if Renter has indicated his acceptance by ticking the appropriate boxes [overleaf/in the checkout form]. If Renter accepts these he still has to pay the excesses as shown overleaf every time the vehicle is damaged or stolen (even if it is not Renter’s fault). The benefit of collision damage waiver may not apply in circumstances where Renter has used the vehicle in such manner which constitutes a misdemeanour offence under Greek Traffic Laws. Full coverage (CDW & SCDW) does not relieve the Renter from the full responsibility of damages’created to the undercarriage of the Rented vehicle, including tires, side mirrors and antennas. Renter can get details of G.S.Liberatos risk protection programme (including the main exclusions) from the office he rented the vehicle from. Should Renter purchase own insurance for cdw and theft protection overleaf he shall obtain cover under the terms of the insurance policy supplied by G.S.Liberatos insurers and arranged by G.S.Liberatos. Renter is bound by and agrees to the terms and conditions of the insurance policy which is available on request.