The user confirms that he has taken documents for the vehicle, keys, all-necessary equipment as well as equipment stated in the contract.

Transcription

1 CONTRACT OF RENT A CAR Article 1 This contract regulates mutual relations between PER ASPERA RENT A CAR (hereinafter called: the Lessor) and the user whose particulars are stated on the first page of this contract (hereinafter called: the User) under the conditions and period of time stated in this contract. The Lessor gives and the User takes for use vehicle stated on the first page of this contract (hereinafter called: vehicle) under the conditions and period of time stated in this contract. Article 2 By the signing of this contract the user confirms that he has taken the vehicle in regular and undamaged condition with tank full of fuel, except if expressely otherwise stated in writing. The user confirms that he has taken documents for the vehicle, keys, all-necessary equipment as well as equipment stated in the contract. Article 3 The user undertakes to return the vehicle on the place at latest as stated by this contract. The user undertakes to return the vehicle even before the agreed period on the lessor's request. The user undertakes to return the vehicle correct and not damaged, with all documentation, keys, tyres, tools, obligatory, standard and additional equipment as being taken. Payment under this contract if not paid in advance or deposit, the user is obligate to pay immediately, after returning the car or within 8 days from issuing of the bill. The user has obliged, with his credit card or other way of payment, Lessor to charge any of costs, repairs or other defects or losses which have been discovered after the car has been returned and

2 user did not notify Lessor according to the procedure. Lessor reserves the right to charge the charges without prior notification to the User. Article 4 The user undertakes to request the lessor in the time on prolongation of rent and other changes relating to the rent. In the case the user prolong the agreed time of the rent without consent of the lessor, the lessor has the right to deem the vehicle stolen and to inform the police. In that event the user shall bear all costs incurred. In the case of exceeding the time of the return of vehicle the user is further liable for all liabilities and responsibilities out of this contract, which are agreed for the time of duration of rent. All employees of Lessor have the right to control any car at any time. If it is found that the user has violated any of the terms of this contract, the employees of Lessor are authorized to seize the car. Lessor unconditionally reserves the right to terminate the Contract of rent a car, regardless of time and place, before the termination of the rental period and shall not be held liable to compensate the user for any possible loss or damage. Article 5 The user guarantees and undertakes: that the rental vehicle is taken and shall be used in accordance with Law of Safety of Road Traffic and other valid regulations; to immediately stop the driving if a breakdown of the tachometer occurs and to promptly inform the lessor on the said; to use vehicle for his/her own needs only;

3 the vehicle will be driven by the user only or the person stated in the contract as driver as well, or stated in the contract as authorised person of the user-legal person, and all provided the said person have required driving licences; not to drive outside the Republic of Croatia to countries where it is not permitted to enter; not to use vehicle for ilegal purposes, for example for criminal acts, violation customs and foreign exchange regulation or other violations or ilegal acts; not to overload vehicle with loads and people; not to drive under the influence of alcohol or drugs; to take care of the technical condition of the vehicle and to provide obligatory periodic service of the vehicle; to check regularly and add water, oil, or check tyre pressure if needed; to lock the vehicle and take keys and documentation when not in use and put alarm on if there is one; Vehicle should not be used for: paid transportation of goods, loads of passengers; towing or transportation of other vehicles or trailers; transportation of materials, items or goods which might damaged or pollute the vehicle, for example animals, inflamable materials, overly dirty or smelly things; races, moto-sport or other similar competition; drivers training; Article 6 Costs of fuel used during the rent shall be covered by user. Costs: in relation to transport of vehicle; of garage, parking, pay toll and similar; of all penalties due to violation of road safety and other rules;

4 of court, violation and other proceedings; of interest on arrears for stated liabilities; incurred or caused during the rent of vehicle, regardless of the time of their incurrance or due time, will be covered by the user whether they related to the lessor as the owner of the vehicle, user or driver of the vehicle except when said costs were caused by explicited fault by the lessor; Article 7 The lessor shall reimburse to the user necessary costs for oil, lubricant, regular periodic service and other necessary small repairs, which occurred during the period of rent. Costs out of paragraph 1 of this article shall be reimbursed only in the event this was paid by the user in cash to the person authorised to render such services. In event of paragraph 1 and 2 of this article the user is obliged to give to the lessor a valid bill receipt issued by the legal person who has rendered such services, and the receipt stated PER ASPERA RENT A CAR, what is the prerequisite condition for reimbursement. In the case that it is proved that the user has made unnecessary replacement or service of any part or device of the vehicle, the lessor has the right to refuse reimbursement of such costs. Car wash costs shall not be reimbursed. Article 8 In the case of damage to the vehicle equipment or tools, regardless of their nature, the user shall pay to the lessor their full value at market price for such parts, valid on the date of agreed date of return of the vehicle. Except for provision of paragraph 1 of this article, costs of missing documentation or vehicle keys the user shall reimburse at existing price list. If by negligence of the user of the vehicle or driver the motor is damaged (for example due to lack of oil or water) in case of damage oil sump, clutch, lower base of engine or other breakdowns caused

5 by the negligence of user or driver (careless driving or driving off roads), the user of vehicle reimburse to the lessor full amount of costs of vehicle repair plus the amount of daily rent lost at the existing price during the time of repair but no longer than 30 days, and all other damage incurred as for example towing caused or decreased value of vehicle. If special cleaning is required for whatever reason, Lessor will make a separate charge to cover the cost of any cleaning required. Lessor reserves the right to charge the refuelling charge according to the decision of the Management. Article 9 In the case of road accident, damage, theft, cover, steal, engine breakdown or similar circumstances the user is obliged to: retain the vehicle until is taken by the lessor; notify names and adresses of witnesses and participants; call the police and request a record except in case of motor breakdown; report the case to the nearest lessor's office promptly. In the case the user does not provide police record out of paragraph 1 point 3 of this article or does not give statement out of paragraph 1 point 4 of this article, the user shall be fully liable for all costs of damages in connection with the damage or missing vehicle regardless of his fault in this case. The user understands that in the case of negligent behaviour with the car, documents or keys as well as in other cases specified by the insurance regulations on the law, he may be charged with regressive claim by the insurer of the vehicle. Article 10 In the case of damage to the vehicle, the user shall on the lessor's request pay full amount of repair of damaged vehicle and other losses suffered by the lessor due to damage of vehicle including lost

6 earnings in amount of daily rent due to non renting the vehicle while being repaired at existing price list, but not more than 30 days. In the case of the vehicle being stolen or other circumstances preventing the user from returning the vehicle at the end of the rental period to the lessor, the user shall on request of the lessor pay full price of the vehicle, i.e. full price of a new vehicle according to offer of supplier, as well as other lessor's losses suffered due to absence of vehicle including daily amount of rent at the existing price, but maximum for 30 days. In the case of damage to third persons the user shall bear all costs, which the lessor could have on that basis. Insurance does not cover damage done on purpose, while affected by alcohol or drugs, whitout driving licence or in case license was taken away, in cases there are more persons in the vehicle than alowed, damage caused by war operations or riots as well as other circumstances prescribed by the insurance regulations or laws. Insurance does not cover risk of destroying or damage of tyres, hubs or hub-caps or lower bases of engine. Article 11 The lessor is not liable for damage which could occur to the user due to delay of delivery of vehicle and any breakdown of the vehicle during the rent. The lessor is not liable for damage which could occur to persons or goods that are being driven in the vehicle. Article 12 The user may not transfer rights or obligations out of this contract third persons, and may not steal the vehicle, parts or equipment of the vehicle or do any remodelling of the vehicle.

7 Article 13 This contract is made in 3 identical copies, of which one is for the user and others are for the lessor. By his/her signiture on the first page of this contract the user accepts this contract whit all its provisions, conditions that are made in lessor's office and conditions of issuer of the credit card. Amendments to this contract may be only in writing, oral agreements are not valid. The existing price list of the lessor forms an integral part of this contract. Article 14 In the event any disputes arise out of this contract, the parties agree to submit to the jurisdiction of the competent court of Dubrovnik governed by Croatian law.