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Additional conditions of the Lease Contract No. ______
dated “___”_______________20__
VEHICLE LEASE CONDITIONS
I. CONTRACT SUBJECT AND LEASE CONDITIONS
I.I. The Lessor propose to the Lessee for a fee temporary possession and usage of a motor car corresponding with data indicated in the item 2 of the present Contract (hereinafter referred to as Motor Car).
I.II. A Motor Car shall be submitted to the Lessee for the period indicated in the item 3 of the Lease Contract.
I.III. The Lessee is obliged to return a Motor Car to the Lessor with all components indicated in the Appendix No. 1 (Acceptance Certificate of the Motor Car) forming an integral part of the Lease Contract.
I.IV. In case of extension of the lease period for the Motor Car the Parties shall conclude a new Lease Contract or additional agreement about the Contract extension.
I.V. The Lessee is not entitled to transfer his rights and obligations under the present Contract to the third parties.
I.VI. The Lessee is not entitled to sublease the Motor Car and to conclude contracts of carriage with third persons providing usage of the Motor Car.
I.VII. The Lessee is not entitled to use the Motor Car as taxi.
I.VIII. All other issues out of regulation of the present Contract shall be governed by the legislation of the Russian Federation.
II. MOTOR CAR INSURANCE
II.I. Motor car is ensured on terms of Voluntary Insurance of Ground Vehicles (KASKO) and Civil Responsibility (OSAGO) (Responsibility limit is 300 000 (three hundred thousand) rubles. Insurance premium is included into this fee.
If amount of damage caused to the third parties during the Motor Car operation exceeds responsibility limit indicated in the item II.I. of the vehicle lease conditions then the Lessee is obliged to reimburse to the third parties difference between the damage amount and responsibility limit.
In case of road accidents and in cases which are not insured accidents (including Motor Car driving under alcoholic or other intoxication) the Lessee is obliged to reimburse damage caused to the third parties in full scope. In case of assertion of requirements regarding reimbursement by the third parties to the Lessor, the Lessee is obliged to participate in trials under this case, to submit to the Lessor all documents connected with caused damage, and to reimburse to the Lessor all expenses for the trials.
II.II. In case of damage or road accident the Lessee is obliged:
- to call representatives of traffic police (the telephone number is 02) to the place of road accident;
- to record data of other participants of the road accident (name, address, model and registration mark of the motor cars, number of insurance policy and name of insurance company);
- to record data of eyewitnesses (names, addresses and telephones of eyewitnesses and to indicate it in the notification about road accident and in the explanations to the traffic police officers);
- to control carefully completeness of information contained in the documents drawn up at the place of accident;
- to obtain certificate with detailed list of damages caused to insured motor car and indication of latent defects possibility at the place of accident;
- to obtain a copy of protocol of administrative offence;
- to inform the Lessor about occurred event immediately, at least within 24 hours from the moment of accident by the telephone (495) 982-30-33, (495) 982-30-34 (from Monday to Friday, 9:00 a.m. - 06:00 p.m.);
- to submit to the Lessor a copy of the protocol and certificate immediately, at least the next day after the accident;
II.III. In case of damage caused by natural disaster or actions of the third parties (theft, hooliganism, driving-away attempt, etc.) the Lessee is obliged:
- to inform the Lessor about occurred event immediately by the telephone (495) 982-30-33, (495) 982-30-34 (from Monday to Friday, 9:00 a.m. - 06:00) p.m.;
- to inform interior affairs authorities immediately about occurred event and to call police officers (interior affairs authorities) to the place of accident (the telephone number is 02);
- to find out position and name of the person who accepted message about caused damage and message registration number in the log book;
- to participate in drawing up of the check protocol of the place of accident with detailed list of damaged property;
- to obtain in the Insurance Company a request to police (interior affairs authorities) for issuing certificate according to the form No.3 within 2 (two) days;
- within 5 (five days) based on request of the Lessor’s Insurance Company to obtain in police (interior affairs authorities) certificate according to the form No.3 and to submit it to the Lessor;
- to submit the Motor Car to the Lessor for examination at the same time;
II.IV. In case of loss of the Motor Car under any circumstances the Lessee is obliged:
- immediately to file an application to police (interior affairs authorities) and to obtain numbered document confirming registration of this accident in the log book of interior affairs authorities;
- to inform the Lessor immediately by the telephone (495) 982-30-33, (495) 982-30-34 (from Monday to Friday, 9:00 a.m. - 06:00 p.m.) and to submit document confirming registration of this accident;
- to submit to the Lessor immediately certificate of vehicle registration and set of vehicle keys;
- to obtain document confirming commencing a criminal case under this fact within 15 days.
II.V. The Lessee shall completely reimburse damage to the Lessor (pledge amount shall not be refunded or taken into account of repair in this case) if:
- at the moment of road accident the Lessee or his representative or another person authorized by the Lessee for driving Motor Car was under alcoholic, narcotic or another intoxication;
- damage was caused by the Lessee’s intention;
- road accident occurred due to violation of fire safety rules (transportation and storage of flammable substances);
- vehicle was used for driving by lack of roads;
- at the moment of road accident vehicle was used for the purposes of teaching driving or as a taxi;
- at the moment of road accident vehicle was operated by a person who had subleased vehicle from the Lessee;
- at the moment of road accident vehicle was operated by a person who concluded a contract of carriage with the Lessee using leased Motor Car;
- at the moment of road accident vehicle was operated by a person to whom the Lessee had reassigned his rights and obligations under the present Contract;
- suspension or inside of car was damaged;
- the Motor Car was operated by a person who didn’t have driver’s license for this category of vehicles;
- items II.II, II.III, II.IV of the present Contract were not fulfilled.
II.VI. Pledge refund:
- for the fee with franchise, in case of return of the leased Motor Car in condition that differs from initial one (Motor Car is damaged) subject to availability of certificates from the traffic police of internal affairs authorities issued according to it. II.II, II.III of the present Contract, pledge amount indicated in the item 4.3 shall not be refunded to the client.
- for the fee without franchise, in case of return of the leased Motor Car in condition that differs from initial one (Motor Car is damaged) subject to availability of certificates from the traffic police of internal affairs authorities issued according to it. II.II, II.III of the present Contract, pledge amount indicated in the item 4.3 shall be completely refunded to the client.
II.VII. Motor Car components indicated in the items 5.1.-5.3.15. of the present Contract are not insured. The Lessee has full liability for breakage (items 5.1. – 5.3.15.) in case of lack of components, damage of components or other claims to the components indicated in the Appendix No. 1 (Acceptance Certificate for the Motor Car). The Lessee runs a risk of accidental loss or damage of the components. In case of Motor Car return with non-full petrol tank, then the Lessee shall reimburse the cost of missing petrol to the Lessor (item 5.3.12 of the Lease Contract). The Lessee is obliged to return Motor Car clean both inside and outside. In case of Motor Car return dirty, the Lessee shall pay for body and passenger compartment cleaning (the price for body cleaning/passenger compartment cleaning (vacuum cleaner)/dry-cleaning of passenger compartment is 250 rubles / 150 rubles / 5600 rubles). In case of Motor car return dirty so as it is impossible to make visual inspection to discover damages, then pledge refund shall be made after body and passenger compartment cleaning (two days at the latest from the moment of the Motor Car return). In this case the Lessee is responsible for damages discovered in service centre after body and passenger compartment cleaning.
II.VIII. The driver and passengers of the Motor Car are not insured against accidents. The Lessee is independently responsible for expenses connected with harm to his life and health and life and health of passengers who were in the Motor Car as well as for damage caused to luggage belonging to him or to the passengers who were in the Motor Car during validity period of the present Contract.
III. MOTOR CAR USAGE
III.I. The Lessee is obliged to acquaint himself with rules of motor car usage before starting operation.
III.II. The Lessee is entitled to provide a right of car operation to the persons indicated in the item 1 of the Contract only if otherwise is not provided by additional agreement concluded by the parties.
III.III. The Lessee is obliged to operate Motor Car only on the territory of Moscow, Moscow region, and regions adjacent to Moscow one (Tver region, Smolensk region, Kaluga region, Tula region, Ryazan region, Vladimir region, Yaroslavl region) if otherwise if not provided by the item 6.2 of the Contract.
III.IV. In case of Motor Car faults occurrence out of Moscow and Moscow region the Lessee shall provide by himself Motor Car towing away to the service centre at the address: Moscow, 20A Kuskovskaya ave. The Lessee shall bear all expenses connected with Motor Car towing away.
III.V. The Lessee is entitled to return the Motor Car before expiration of the term provided in the item 3.2. At the same time lease fee shall be recalculated.
III.VI. The Lessee is obliged not to use Motor Car for haulage of any vehicles, for driving with trailer or by the lack of road as well as for teaching driving.
III.VII. The Lessee is not entitled to disassemble and repair Motor Car and interfere into the Motor Car construction or install to it additional equipment without prior written consent of the Lessor.
III.VIII. The Lessee is obliged to provide Motor Car safety from the moment of its receipt to the moment of its return to the Lessor.
III.IX. The Lessee shall bear all expense connected with Motor Car operation including payment for petrol.
III.X. The Lessee is obliged to return Motor Car clean. Otherwise the Lessee shall be responsible for damages discovered in service centre after body and passenger compartment cleaning
III.XI. The Lessee is obliged to control readouts of indicators on the control panel, to inform the Lessor timely about possible faults and to assume reasonable measures to eliminate these faults independently.
III.XII. The Lessor is obliged to replace a Motor Car under repair for another available Motor Car for repair period.
III.XIII. The Lessee is obliged:
1) to carry out regular and careful inspection of the Motor Car;
2) based on the Lessor’s requirement to submit Motor Car to the place and within time indicated by him for state technical inspection in traffic police;
3) based on the Lessor’s requirement to submit Motor Car technical maintenance.
III.XIV. The Lessee confirms that before signing the present Contract he acquainted himself with rules of Motor Car insurance and agrees with them.
III.XV. The Lessee is warned that driving out of regions indicated in the item 6.1 (if the rout is not stipulated additionally in the item 6.2 of the Contract) is considered as attempt to abstraction of the property; the Contract shall be terminated; the Lessee shall bear responsibility according to acting criminal legislation of the Russian Federation.
IV. FINAL PROVISIONS
IV.I. The present Contract shall come into effect from the moment of its signing and valid till fulfillment by the Parties of all obligations under the present Contract and all conditions of the present Contract.
IV.II. The Lessee in entitled to terminate the present Contract in any time with prior notification to the Lessor 1 (one) day prior to the date of the Contract termination.
IV.III. In case of early termination of the present Contract lease fee shall be recalculated based on time of actual operation of the Motor Car according to fees approved by the Lessor.
IV.IV. In case of breach by the Lessee of any provision of the present Contract the Lessor is entitled to terminate the present Contract unilaterally and without any prior notification with possible following confiscation of the Motor Car irrespective of its location. In this case the Lessor shall not be responsible for loss or damage caused to luggage and materials which were inside the Motor Car in the moment of its confiscation. Nevertheless he is obliged to assume measures to protect the Lessee’s interests.
IV.V. The present Contract is signed in two copies having equal legal force: one copy of the Contract shall be submitted to the Lessee and another one shall stay at the Lessor. Every page of the Contract shall be obligatory stamped by the Lessor and signed by the Parties of the present Contract.
IV.VI. Appendix No. 1 in form of Acceptance Certificate for the Motor Car forming an integral part of the present Contract is attached to it.
Appendix No. 1 shall be signed in two copies having equal legal force: one copy of the Contract shall be submitted to the Lessee and another one shall stay at the Lessor.
IV.VII. The Motor Car shall be considered as returned by the Lessee and accepted by Lessor the only in case of signing of Acceptance Certificate (return clause) for the Motor Car by the Lessor with submission of one copy to the Lessee. Up to the moment of Motor Car return by the Lessee to the Lessor and signing of Acceptance Certificate (return clause) for the Motor Car all responsibility for the Motor Car safety shall be borne by the Lessee.
IV.VIII. All disputes and disagreements which can arise out of the present Contract or in connection with it shall be solved by the way of negotiations between Parties if possible.
IV.IX. If the Parties don’t come to agreement in out-of-court manner, then the case shall be subject to consideration in Arbitration Court of Moscow (if the Lessee is legal entity) or in the court of Taganskiy region of Moscow (if the Lessee is individual).
IV.X. In case of breach by the Lessee of lease fee payment term, the Lessor preserve a right to charge and require payment of penalty in the amount 0.5% (zero point five percent) from the amount untimely paid by the Lessee per each day of payment delay and the Lessee is obliged to pay it to the Lessor based on the Lessor’s invoice. At the same time the Lessor is entitled by his own discretion:
- to use or not use his right to charge penalty provided by the Contract and to determine time for its payment and (or)
- to set period during which penalty shall be charged and (or) recovered and (or)
- to set a date of penalty charge provided by the present Contract and (or)
- to charge completely or to reduce penalty rates provided by the present Contract.
THE LESSOR:
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THE LESSEE:
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