Calm Sea

GENERAL TERMS OF CAR RENTAL

DRAFT TRANSLATION

GENERAL TERMS OF CAR RENTAL

1. General directives and terms.

1.1. “Lessor” – trading company Calm sea d.o.o. with headquarters in Seget Donji, Don Vjekoslava Bilote 25, VAT NUMBER: 37807666275.

1.2. “Lessee” – a individual person or corporation who rents a vehicle. In the Vehicle Rental Agreement listed as “User”.

1.3. “Rental agreement” – an individual rental document that is signed when taking over the rental vehicle in which:

  • the use of the vehicle is approved;
  • the time of picking up and returning the vehicle is defined;
  • the services included in the rental price and the method of payment of the rental are listed;
  • it lists information on mileage status, amount of fuel, damages and possible defects on the rented vehicle and other rights and obligations that both contracting parties fully accept with their signatures;

1.4. “Driver” – the individual person listed in the Rental Agreement as “Driver” who is authorized to drive the vehicle and is responsible for complying with all directives of the Rental Agreement.

1.5. “Additional driver” – a individual person named in the contract as “Additional driver” who is authorized to drive the vehicle, responsible for complying with all directives of the Rental Agreement.

1.6. “User” – “Lessee”, “Driver” and “Additional driver” in the following text of the General Rental Terms and Directives are referred to as “User”.

1.7. “Unauthorized user/driver” – any person who is not specified in the Rental Agreement as an authorized User/Driver of the vehicle.

1.8. “Vehicle” – the rental object of the Agreement, the data of which are specified in the Agreement.

2. Vehicle reservation

2.1. The vehicle can be reserved by e-mail or by phone.

2.2. When making a reservation, the user is obliged to attach a copy of a valid driver’s license on which it will be clearly visible who the license is for, the period of validity and the category of vehicle for which the license was issued.

3. Rental price

3.1. Vehicle rental prices are published on the official website of the Lessor.

3.2. Rental prices are listed for each vehicle separately and refer to daily rental.

3.3. The price of the vehicle rental includes:

  • rental of a vehicle with a full tank of fuel;
  • compulsory and comprehensive vehicle insurance above the value of the contracted deposit;
  • passenger accident insurance;

3.4. The car rental price does not include:

  • fuel, tolls, bridge tolls, parking fees, misdemeanor fees, etc.;
  • passenger health insurance;
  • everything else that is not specifically determined to be included in the price of the vehicle rental;

4. Terms of payment

4.1. The reservation of the vehicle is considered binding after the User, within 3 days from the date of confirmation of the reservation, makes an advance payment of 30% of the total rental amount.

4.2. The User is obliged to pay the remaining amount no later than seven days before the start of the rental.

4.3. In the event that the User does not pay the remaining amount no later than seven days before the start of the rental, the Rental Agreement is terminated, and the User does not have the right to return the advance payment.

4.4. For reservations made less than seven days before the start of the vehicle rental, payment for the rental service must be made in full amount.

5. Deposit

5.1. When taking over the vehicle, the User is obliged to make a mandatory cash deposit with the Lessor. The amount of the deposit corresponds to the deductible franchise amount of the insurance policy.

5.2. If the vehicle is returned in order and without damage, the Lessor will return the full amount of the deposit to the User.

5.3. In case of damage, regardless of fault, the User is obliged to pay a share in the damage up to the amount of the deductible franchise.

6. Terms of rental

6.1. The condition for concluding the Agreement and using the vehicle is that the User is at least 21 years old and has held a valid driver’s license for at least two years.

6.2. By signing the contract, the User confirms that they accept all the terms of the rental and take over the vehicle in good condition, suitable for the contracted use, with all associated equipment and accompanying documentation.

6.3. The User may not:

  • give the vehicle to third parties who are not specified in the Agreement;
  • use the vehicle for paid transportation of goods or passengers;
  • use the vehicle for test drives or races;
  • driving a vehicle under the influence of alcohol, narcotics, tranquilizers or other drugs;
  • violate traffic and legal regulations of the Republic of Croatia;
  • drive at a speed higher than the permitted speed;
  • smoke tobacco and/or any other products inside the vehicle;

6.4. Even after the termination of the Agreement, the User is considered responsible for traffic violations committed during the duration of the Agreement.

6.5. The Lessor reserves the right to confiscate the vehicle, without prior notice and at the User’s expense, if the vehicle is used contrary to the agreed directives of this contract.

7. Obligations of the User

7.1. The User undertakes:

  • that they will use the vehicle properly and treat the vehicle with the attention of a good host/businessman;
  • that they will take care of the regular technical condition of the vehicle, i.e. regularly check the cooling liquid, oil, other liquids, tire pressure, etc.;
  • that they will drive only on public roads, respecting all traffic and legal regulations of the Republic of Croatia;
  • that they will not drive the vehicle under the influence of alcohol, narcotics, tranquilizers or other drugs;
  • that the vehicle will not carry more passengers than the maximum allowed and specified in the traffic permit;
  • that the vehicle will not be driven outside the borders of the Republic of Croatia, unless previously announced;
  • that they will bear all costs related to vehicle operation: fuel, road tolls, bridge tolls, parking fees, misdemeanor fees, etc.;
  • that they will return the vehicle together with all equipment and parts, and in the same condition in which he received it;
  • that they will bear the costs of cleaning the vehicle if, at the time of return, it is determined that the exterior and/or interior of the vehicle is particularly dirty (dirt or unpleasant odors that could not have arisen from the normal use of the rental item);

8. Terms of rental cancellation

8.1. If the User, for any reason, abandons the vehicle rental, they can, with prior agreement with the Lessor, look for another person who will take over their rights and obligations. If it doesn’t work, cancellation costs will be charged from the advance payment as follows:

  • for cancellation one month before the start of the vehicle rental service – 30%
  • for cancellation within seven days before the start of the vehicle rental service – 100%

8.2. If the User for objective reasons (death in the family, serious injury, war, etc.) abandons the vehicle rental, the amount paid will not be returned to them, but the service provider will make the vehicle available to them during the free period or in the next season.

9. Taking over the vehicle

9.1. The Lessor provides the vehicle at the agreed time and place.

9.2. If the User, without prior notice, for any reason, does not pick up the vehicle within 24 hours of the agreed pick-up time, the Lessor is authorized to immediately unilaterally terminate the Vehicle Rental Agreement, and the User has no legal right to a refund of the amount paid, nor the right to any other compensation.

9.3. If the Lessor cannot make the vehicle available at the agreed location 24 hours after the deadline has expired or make available a vehicle with similar or better characteristics, the User has the right to withdraw from the contract with a refund of the total price of the vehicle rental. The responsibility of the Lessor for an amount greater than the contracted price of providing the vehicle rental service, as well as any other right to compensation, is excluded.

10. Vehicle insurance

10.1. All vehicles are insured according to legal regulations and insurance rules of the insurer, against third parties, and all rights and obligations regarding possible damage will be resolved on the basis of these rules, i.e. the concluded policy for the vehicle in question and the agreed supplements.

10.2. In case of damage, regardless of fault, the User is obliged to pay a share in the damage up to the amount of the deductible franchise.

10.3. Vehicle insurance does not cover:

  • tire damage;
  • damage to the chassis;
  • gearbox and clutch damage;
  • damage to the interior of the vehicle;
  • damage to the windshield caused by the negligence of the driver;
  • damage to the engine caused by a lack of oil and refueling with the wrong type of fuel;
  • damage caused by the User under the influence of alcohol, narcotics or similar intoxicants;
  • damage caused by an unauthorized driver;
  • loss of documents, keys, license plates or equipment;

11. Theft, traffic accident, breakdown of the rented vehicle

11.1. In the event of a traffic accident, damage, breakdown, theft, malfunction of the vehicle and similar circumstances, the User is obliged to:

  • protect and insure the vehicle against deterioration and further damage, until it is taken over by the Lessor;
  • record the names and addresses of the participants and witnesses – first and last name, personal identification number, address, identity card number, driver’s license number, vehicle owner information, insurance policy number;
  • call the police and provide a record/police report, except in the case of a malfunction;
  • give a statement about the event to the Lessor;
  • when returning the vehicle, attach all police damage/accident reports as well as breathalyzer results;

11.2. The User of the vehicle is obliged to report any damage to the vehicle to the police.

11.3. In the event that the User does not provide a police report, does not provide a statement, does not provide a breathalyzer test for the driver or fails to take the specified steps from point 10.1. of this article, all the cost of damages related to the damage or loss of the vehicle shall be borne by the User of the vehicle in full, including the lost profit in the amount of the daily rental due to the non-use of the vehicle during the repair period, regardless of the User’s fault in that event;

11.4. If a fire or theft occurs due to the User’s fault or negligence, in that case the User will bear the full amount of the resulting damage.

11.5. The User may not arrange or undertake any repairs without the written consent of the Lessor, except to the extent necessary to prevent further damage to the vehicle or other property.

11.6. The Lessor will compensate the User for the necessary costs for oil, lubricant, regular servicing and light repairs incurred during the rental, based on the invoice presented, which must be in the name of the Lessor and be acknowledged by the Lessor. In advance, the User must obtain the Lessor’s consent, otherwise the compensation will not be recognized.

12. Loss of property

12.1. The Lessor bears no responsibility for the loss of the User’s property stored or transported in the rented vehicle.

13. Complaints

13.1. Every User has the right to file a complaint, which must be submitted in writing immediately upon returning the vehicle and must contain all relevant documentation and photos.

13.2. The complaint must be signed by the User and the Lessor.

13.3. Complaints received subsequently, as well as those submitted without attached documentation, will not be taken into account by the Lessor.

13.4. The Lessor is obliged to respond to the complaint within 15 working days.

14. Arbitration

14.1. The Lessor’s court in Trogir in the Republic of Croatia is competent for all possible disputed cases that will not be resolved peacefully.

15. Declaration on the protection and processing of the User’s personal data

15.1. The Lessor respects the privacy of its Users and uses personal data exclusively for the purposes prescribed in this Declaration.

15.2. The Declaration on the protection and pocesing of personal data does not cover third-party websites that share links with this website (www.calm-sea.hr) and the Lessor assumes no responsibility for them.

15.3. The User provides personal data voluntarily, they are required in the vehicle reservation process, for communication with the User and in the case of special consent for informational and promotional activities of the Lessor.

15.4. The user gives permission for their personal data to be submitted to competent authorities in connection with committed traffic/parking violations.

15.5. By signing the Agreement, the User confirms that they are familiar with the Lessor’s personal data protection measures and their rights as a respondent.

16. Final directives

16.1. The general vehicle rental conditions are an integral part of the  GENERAL TERMS OF CAR RENTAL.