Read our terms and conditions for car rental
General terms and conditions for car rentalL
of HKE CAR RENTAL, s.r.o., with registered office at Okružná 80/6, 059 34 Spišská Teplica,
Company ID/IČO/: 51 275 635(hereinafter referred to as “GTC”)
CONCLUDING A CAR RENTAL AGREEMENT
1. The Car Rental Agreement (hereinafter referred to as the “Agreement”) becomes valid and effective as of the date of being signed by the Company and the Renter (hereinafter referred to as the “parties”).
2. Under this Agreement, the Company leaves the motor vehicle specified in the Agreement together with the accessories (hereinafter referred to as the “vehicle”) to the Renter for useduring the rental period under the Agreement, and the Renter undertakes to pay the Company the rental fee specified in the Agreement.
HANDOVER AND RETURN OF THE VEHICLE
1. The Company hands over to the Renter and the Renter takes over the vehicle on signing the Agreement. When taking the vehicleover, the Rentershall be obliged to check its condition, especially its suitability for use, eventualapparent damages and basic functionality, the level of fuel and windscreen washer liquid, and the degree of pollution of the vehicle (inside or outside). By signing the acceptance protocol, the Renter confirms that the vehicle is in good technical condition, has all the mandatory and agreed equipment, as well as the appropriate documents.
2. The Rentershall be obliged to note any defects and/or damage to the vehicle upon taking the vehicle over at the latest, and to notify the Company thereof. This must be recorded in the acceptance protocol; otherwise, the Renter shall be deemed to have taken the vehicle over without any defects and/or damage.
3. Along with the vehicle, the Company shall hand over to the Renter the following items: the keys of the vehicle and security devices, certificate of vehicle registration, international car insurance card (green card), or any other documents that may be necessary for the use of the vehicle, and mandatory equipment and accessories as per the generally binding legal regulations of the Slovak Republic. Upon request, the Company shall provide the Renter with additional accessories (GPS navigation, toddler seat, etc.), for which the Rentershall pay the Company extra fee to the agreed vehicle rental fee according to the valid price list of the Company available on the website www.autopozicovnahke.sk (here in after referred to as the “Company’s price list”),unless the parties agree otherwise, and the Renter shall declare that s/he has read it and agreed with it. The Company shall hand over to the Renter the vehicle with a full tank of fuel.
4. The Renter shall be obliged to return the vehicle with all the provided accessories, equipment and documents at the end of the rental period, and at the place as agreed in the Agreement (any other place of returning the vehicle shall be subject to the charge agreed by the parties in the Agreement), in the condition in which the vehicle was taken over from the Company at the beginning of the rental period (without defects, damage and malfunctions), considering normal wear and tear, with a full tank and provided accessories, not excessively dirty (inside or outside), otherwise s/heshall be held liable for the damage incurred.
5. When returning the vehicle, the Company, in the presence of the Renter, shall inspect the vehicle and note down the condition of the vehicle in the acceptance protocol, specifying all the damage /deficiencies found.
6. If,onreturning the car, the parties find damage to the vehicle thathad not been notedwhen the Renter was taking the vehicle over at the beginning of the rental period, the Renter shall confirm the damage by his/her signature in the acceptance protocol.
7. If the Company finds damage when inspecting the vehicle after the end of the rental, and/or if the Renter refuses to sign the acceptance report, the Companyshall send the Renter a protocol depicting and describing the damage detected, including photo documentation and laid damages according to Article 6 of the GTC.
8. Return of the vehicle including accessories, equipment and documents after the expiration of the rental period agreed in the Agreementshall be considered as a delayed return of the vehicle and the Companyshall be entitled to withdraw the vehicle from the Renter or take other measures. The costs related to with drawing the vehicle or implementing other measures shall be borne by the Renter. In case of delayed return of the vehicle, the Rentershall be obliged to pay the Company the rental fee for each commenced day of delay, and to pay a contractual penalty of 100 EUR to the Company on returning the vehicle. In case of loss of keys, vehicle registration certificate or other documents, electronic or mechanical security tools, radio or its part, the Rentershall be obliged to compensate the Company for any and allitems that have not been returned to the Company.
9. If the fuel tank is not full when returning the vehicle, the Renter shall be obliged to pay the Company a charge for the non-filled up tank according to the market price of fuel and a contractual penalty of 50% of the market price of fuel. In case the Renterfills up the tank with a wrong type of fuel, s/he shall be charged for a full tank of the correct type of fuel and all costs related to repairing the defect by an authorized car service. In case of an excessively polluted vehicle (inside or outside) on its returning, the Renter shall be obliged to pay a fee for an excessively polluted vehicle (inside or outside) in the amount of EUR 80.
10. If the Renter hasn´t returned the vehicle in proper condition and on time after the end of the rental period, or hasn´t requestedthe Company for their consent to extend the rental period in writing, s/he shall be deemed to be using the vehicle illegally. In such a case, the Companyshall be entitled to notify the authorities involved in criminal proceedings of the unauthorized use of the vehicle by the Renter, and the Renter shall bear the costs or damagesarisen from non-returning the vehicle in proper condition and on timeafter the end of the rental period.
RENTAL FEEAND THEDUE DATE
1. The Renter undertakes to pay the Company the rental feeas agreed in the Agreement fixed by the sum for one day and the number of rental days. One day of the rental period shall mean 24 hours from the rental beginning; the beginning of the rental period shall be the time the Renter has taken the vehicle over,specifying the day and hour. If the actual rental period is less than 24 hours, the Companyshall charge the rental fee for one day. Should the agreed rental period be exceeded by more than 1 hour, the Rentershall be obliged to pay the Company the rental fee for the next rental day.
2. The parties have agreed on max.number of daily kilometers driven as follows: 500 km on the 1strental day, 300 km on the 2ndrental day and 150 km on the 3rd rental day and every next day of the rental period. In case of exceeding the agreed limit of the daily kilometers, the Renter undertakes to pay a fee according to the Company’s price list for each extra kilometer driven.
3. The Rentershall be obliged to pay the rental fee no later than on taking the vehicleover,upon an invoice issued by the Company. The Company shall hand the invoice over tothe Renter on the vehicle take over.
4. On taking the vehicle over, the Renter shall also pay the Company a cash security of EUR 600, under Art. 3. of GTC, in addition to the rental fee, to cover eventual costs associated with the car rental and any damage caused by the Renter. The Renter shall pay the security either in cash, or allow the Company to block the funds in the amount of cash security on the Renter’s bank account via his/her payment card (i.e. the Renter shall keep the agreed sum onhis/her bank account in favor of the Company). The Company shall be entitled to unilaterally set off their receivables arising from the unpaid rental fee, charges,contractual penalties or compensation claims for any damage, from the cash security under these GTC. The Company shall inform the Renter about the use of the cash security. The Company shall return the unused part of the cash security to the Renter no later than 10 days from the settlement of all theCompany´s receivables from the Renter.
5. If the Renter delays in paying any sum under this Agreement or GTC, the Renter shall be obliged to pay the Companyl ate interest in the sum of 0.5% of the amount due for each day of delay.
6. If the Renter returns the vehicle before the end of the rental period, s/he shall be obliged to pay the Company the agreed rental fee for the entire agreed rental period, unless the parties agree otherwise. If in case of renting a vehicle for a period longer than one month, and provided that the Renter has fulfilled all his/her obligations under the Agreement properly and on time, and the Renter decides to return the vehicle earlier than agreed, the Renter shall be obliged to pay the Company the rental fee according to the actual car rental period under the Agreement and the Company’s price list, no later than on the day of early return.
7. The Renter agrees to the use of his/her payment card to pay any receivables the Company may have from the Renter related to the car rental (especially those related to the car rental and use, fuel, traffic offences, etc.) for a period of 6 months from the end of the rental, and/or for as long as the Company hasunsettled receivables from the Renter arising from the breach of this Agreement and/or GTC.
RIGHTS AND OBLIGATIONS OF THE COMPANY
1. The Company is the sole owner of the vehicle.
2. Repairs and standard regular inspections of the vehicle are generally performed by the Company. Prior written consent of the Company is required to perform repairs and standard regular inspections of the vehicle by third parties.
3. In case of a vehicle failure or damage in a traffic accident, and the need for its subsequent repair in the Slovak Republic, the Company shall arrange for the repair of the vehicle in an authorized car service, or the car towing, at its own expense. If the vehicle is not repaired within 24 hours of its being handed over to an authorized car service, the Companyshall provide the Renter with a replacement car. However, this does not apply tothe repair of damages or breakdowns caused by the Renter and/or persons allowed by the Renter to use the vehicle in conflict with this Agreement or the GTC.
RIGHTS AND OBLIGATIONS OF THE RENTER
1. The motor vehicle may only be driven by the Renter and other persons specified in the Agreement; these persons must be holders of a driving license for at least 2 years and must be min. 20 years and max. 65 years old.
2. If the Renter is a legal person, the vehicle may only be driven by its employee, statutory body and a member of the statutory body, and these persons must meet conditions under Sect. 1 of this Article. The list of persons authorized to drive the car must be specified in the Agreement and may not be changed without the written consent of the Company. The Renter undertakes to ensure that the vehicle be driven only by a person authorized to do so.
3. The Renter shall use the vehicle only for his/her own needs and must not leave it to any third party; the vehicle must not be used to carry outtrade activities (e.g.to transport passengers or goods for a repayment), motor or sports competitions and events, nor must s/he sell, rent, pledge, donate or lend it to a third party.
4. The Renter must not use the vehicle to transport flammable, polluted, toxic, radioactive and other dangerous matters, for towing or driving other vehicles, trailers or objects.
5. The Renter may use the vehicle to travel abroad only to the following EU countries: CZ, PL, AU, HU and DE, while s/he shall be obliged to inform the Companyof such travel. The vehicle is not allowed to be driven to the following countries (despite the fact that some of them are EU Member States): HR, EST, LT, LV, RUS, BY, UA, MD, RO, BG, TR, BIH, SRB, MK, MNE, AL, GR, CY. In casethe Renter breaches said restrictions, s/he shall be liable to the Company for the total damage / value of the vehicle and undertakes to pay the Company a contractual penalty of 300 EUR for each detected breach of said restriction.
6. The Renter shall use the vehicle in accordance with the principles of proper use and maintenance specified by the car manufacturer. The Renter shall maintain the vehicle in the condition in which s/he had taken it over, considering normal wear and tear. The Rentershall make sure that the vehicle is not damaged; before driving, s/he shall check the level of all liquids and tyres pressure. The Renter must not use the vehicle if s/he is under the influence of alcohol, narcotics and psychotropic substances, or use the vehicle in a manner contrary to the Agreement or its purpose.
7. The Renter shall not be entitled to make any changes to the vehicle. Exterior or interior modifications of the vehicle are only possible upon the prior written consent of the Company. In case of unauthorized changes to the vehicle, the Renter shall be obliged to compensate the Company for the damage caused by such acting and restore the vehicle to its original condition at his/her own expense.
8. If the vehicle is equipped with mechanical or electrical anti-theft security system, the Renter shall be obliged to activate this security system every time s/he leaves the car. The Rentershall beheld fully liable for damages caused by improper securing the vehicle. When leaving the vehicle, the Renter must not leave papers or other documents pertaining to the vehicle inside the car. In case of their theft or loss, the Renter undertakes to pay the Company a contractual penalty of 100 EUR. In case of theft or loss of vehicle keys, the Renter undertakes to pay the Company a contractual penalty of 500 EUR.
9. The Rentershall be obliged to drive the vehicle to the place as requested by the Company at any time during the rental period to check that it´s being used properly, and to drive the vehicle to the place as requested by the Company or as agreed by the parties to the Agreement for regular technical inspection.
10. The Renter notes that smoking, consumption of alcoholic drinks, taking narcoticand psychotropic substances in the vehicle is prohibited.
11. The Renter has been informed and agreed that the vehicle is equipped with GPS tracking system.
12. The Renter shall be obliged to carry on him/her a valid driving license and all documents as requested by the generally binding legal regulations in force, for the entire period of vehicle using.
13. During the effect of the Rental Agreement, the Renter shall be obliged to notify the Company immediately, no later than within 10 working days, of any change in its registered office, place of business, address and other changes (e.g. withdrawal of driving license) that could affect the proper performance of obligations under this Agreement.
14. In case of damage or excessive pollution of the vehicle (inside or outside) out of normal wear and tear, the Companyshall be entitled to demand the Renter to reimburse the costs of cleaning or repairing the vehicle, which the Renter agrees to.
15. During the rental period, the Renter shall bear all costs related to the common maintenance and driving the vehicle, in particular the costs of fuel, operating liquids, tolls for the use of highway roads, parking fees, etc.
16. The Renter undertakes to reimburse the Company for any claims (costs) imposed on the Companyfor the breach of legal obligations (in particular the legislationgoverning road traffic rules) during the rental period and/or thoseresulting from the operation of the vehicle during the rental period and/or from the Company’s objective liability duringthe rental period, even those imposed on the Company after the end of the rental period.
DAMAGE, DESTRUCTION, THEFT, LOSS OF THE VEHICLE AND LIABILITY FOR DAMAGE
1. The Renter undertakes to protect the vehicle from damage, loss, theft and destruction, and to take care not to damage the health or property of others. The Renter shall be held responsible for all damages caused in this way.
2. The Renter shall be obliged to immediately inform the Company of any damage, and to follow their instructions, otherwise s/he shall be liable for the incurred damage and also for the damage caused to the Company by failing to meet this obligation on time.
3. In case of traffic accident where the Renter and the vehicle are being involved, the Renter shall be obliged to notify the relevant department of the Police Force of the Slovak Republic immediately, without undue delay, to draw a report on the accident right at the place,and to inform the Company by telephone thereof. The accident report must contain the names, surnames and addresses of the participants and witnesses of the traffic accident or damage, licence plate numbers of the vehicles involved and identification of the relevant department of the Police Force of the Slovak Republic that has investigated said damage or traffic accident.
4. In case of damage, the Rentershall be obliged to participate in the compensation of the Company as follows:
4.1. 10% of the damage determined by the authorized service, but not less than EUR 300, or
4.2. 15% of the damage determined by the authorized service, but not less than EUR 300, in case of violation of generally binding legal regulations governing the traffic rules, or
4.3. the amount of compensationas determined by the insurance company of the Company in case of complete destruction, loss or theft of the vehicle, or
4.4. 100% of the damage determined by the authorized service in case of intentional damage or damage caused under the influence of alcohol, narcotic drugs and psychotropic substances, in case of theft of vehicle accessories, refusing breath test, leaving the place of the accident, in case of allowing a third party to drive the vehicle without prior written consent of the Company, in case of using the vehicle to drive abroad without the prior written consent of the Company.
5. In case of theft or complete destruction of the vehicle, the Renter shall be obliged to reimburse the Company for the difference between the purchase price of the vehicle and the amount of the insurance company’s settlement. In case of theft or complete destruction of the vehicle, the Rentershall be obliged to return to the Company the keys of the vehicle and other mechanical security tools, immobilizer, registration certificate and other documents that the Company handed over to the Renteralong with the vehicle, etc. The Renter shall also submit to the Company a confirmation from the relevant department of the Police Force of the Slovak Republic that the vehicle has been stolen. In case the Renter does not hand over said items and documents to the Company after the theft or complete destruction of the vehicle, the Renter undertakes to pay the Company a contractual penalty of 500 EUR.
6. The Renter undertakes to reimburse the Company for the costs of vehicle repairs and elimination of defects or damages caused by the Renterthatare not reimbursed by the insurance company. In the event that the insurance company reimburses a part of the damage, the Renter undertakes to reimburse the Company for thepart not reimbursed by the insurance company.
1. The Agreement is concluded for a definite period of time and expires at the end of the agreed rental period, but not before the vehicle is returned. Before the end of the agreed rental period, the rental may end upon the agreement of the parties, or upon the Company’s withdrawal from the Agreement.
2. The Company shall be entitled to withdraw from the Agreement with immediate effect, if:
2.1. the Renter has delayed withthe payment of the rental fee for over 10 working days,
2.2. the vehicle has been damaged,
2.3. the Renter has died,or his/her legal capacity has been deprived or restriced, unless it is possible to transfer the rights and obligations resulting from the Rental Agreement to Renter´s legal representative (heir) within one rental period,
2.4. the forced or intended dissolution or liquidation of the Renter’s business or tradehas been initiated, or in case of a substantial deterioration of the Renter’s economic situation, i.e. upon the commencement of liquidation or the filing of a petition for bankruptcy, restructuring or enforcement proceedings onRenter’s property, etc.,
2.5. there is at least a reasonable suspicion on the part of the Company that the vehicle was used to commit a criminal offense or a criminal offense was committed on a vehicle,
2.6. substantial or insubstantial breach of the Agreement or the GTC was detected.
3. The rental of the vehicle shall also expire upon its destruction, loss or theft.
1. The parties have agreed that the legal relations under thisAgreement, including those related to its conclusion, validity, breach of obligations and consequences of breach of obligations, be governed by the law of the Slovak Republic, and, by virtue of § 262 Sect. 2 of the Commercial Code, their contractual relationship be governed by the Commercial Code (in cases where the Renter is a consumer, the relations under this Agreementbe governed by the Civil Code). Any disputes arising from thisAgreement, including those concerning its conclusion and validity, fall within the jurisdiction of the Slovak courts.
2. Unlessthe Renter has informed the Company on changes in writing, the Companyshall be entitled to send all documents under thisAgreement and the GTC to the Renter to the last address as stated in the Agreement, or notified in writing. Any document of the Company sent to the Renter shall be deemed to have been delivered either by its actual delivery to the Renter’s sphere of influence, or on the third day from its being forwarded for postal delivery.
3. The GTC stand for an integral part of the Agreement. The GTC and the Agreementshall be governed by the law of the Slovak Republic. Changes to the Agreement and/or GTC may only be made in writing, unless otherwise specified in the particular provision.
4. Under § 273 of the Commercial Code, the GTC shall be issued by the Company, i.e. HKE CAR RENTAL, s. r. o., with the registered office at Okružná 80/6, 059 34 Spišská Teplica, Company ID /IČO/: 51 275 635, with effect from the date of their issue. The Company has the exclusive right to amend the GTC. Deviating provisions of the Agreement take precedence over the wording of the GTC. The relevant provisions of the Commercial Code and the Civil Code apply in full to legal relations not regulated by thisAgreement, the Company’s price list and the GTC.
5. The Renterunderstands that the conclusion of the Agreement entitles the Company as the Operator to process the Renter’s personal data specified in the Agreement and in the Acceptance Protocol under Article 6, Sect. 1, letter b) of the EU Regulation No. 2016/679 (GDPR) and § 13, Sect. 1, letter b) of Act No. 18/2018 Coll. on Personal Data Protection and on the Supplements toCertain Laws, as Amended.
6. If the Renter is a consumer not satisfied with the way the Company has handled his/her complaint, or if s/he believes that the Company has violated his/her rights, s/he has the right to file a motion to initiate an alternative dispute resolution under Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on Supplements to Certain Laws, as Amended.
7. The decisive wording of the Agreement and the GTC is the Slovak version, in particular,as regards the conflict between the Slovak version of the Agreement, the acceptance protocol and/or the GTC and their translated version in other language.