CAR RENTAL CONTRACT
This Agreement is entered into between the Owner and the Tenant as above defined, in Tirana, on the DD/MM/YYYY;
Car owner: Proton Ltd.
Company : Proton Ltd
Address : Luigj Gurakuqi P. 89/A Tirana
Telephone : +355422275655
Emaill : [email protected]
Website : www.proton-grp.com
Hereinafter called “Owner”
Tenant ……..…, registered with business register ……… with address …………. and represented by Mr/Mrs……
The Parties agree on the following terms and conditions, as follows:
The Owner, agrees hereby, and rents the Car to the Tenant, who takes the Car, according to the terms and conditions of this Contract.
THE RENTED CAR
1.1 The Owner, agrees hereby, and rents the Car to the Tenant, who takes the Car, according to the terms and conditions of this Contract.
1.2 The Tenant rents the cars of type …. and license plate……. (the “Car”).
TERM OF CONTRACT
2.1 The car shall be rented commencing from DD/MM/YYYY until the DD/MM/YYYY (the “Term”).
2.2 Purpose of use: Focusing of Tenant’s transport (for person only and maximum 5 persons in the car one time, including driver). Tenant shall be responsible for its own business which stated on its business license granted by the relative authorities.
2.3 Tenant shall not use the car for illegal purpose and/or for other purposes that are not stated on this Contract.
3.1 The price for rental of the EUR … (VAT included) per month, therefore a total equal to EUR … (the “Price”).
3.2 At the time of the rental the car has full tank. Therefore the car should be returned with full tank. Otherwise the tenant will pay the amount for the full tank.
3.3 The Price and the Price of Fuel are exclusive of tax, toll fees, parking fees, tickets and others.
3.4 The rental includes Car maintenance and insurance of the Car for the duration of this Contract.
3.5 The payment of the Price and of the price of Fuel shall be made immediately with the signing of this Contract. As well, the Tenant shall pay to the Owner a sum equal to EUR zero, as a guaranty (the “Security Deposit”). This sum shall be restituted to the Tenant after he brings back the Car to the Owner and this last confirms that the Car has not been damaged.
4.1 The Price, the Price of Fuel and the Security Deposit shall be paid in cash to the Owner in EUR or ALL according to exchange rate of the Bank of Albania at the time of payment.
4.2 Pursuant to Clause 3.6 above, the Tenant shall pay to Owner zero ALL/EUR for Security Deposit, with the signing of this Contract. The deposit shall be reimbursed in the same currency from the Owner to the Tenant within 10-days after the Contract’s termination according to this Contact and in case the Car has not been damaged during the Term of the Contract.
RIGHTS AND RESPONSIBILITIES OF THE PARTIES
5.1 The Owner shall promptly repair all damages presented by the Car during the term of this Agreement. If such damages are inherent of the Car itself, they shall be paid by the Owner; if the damages have been caused by the Tenant, this last shall pay all expenses for repair of the damages. The Tenant is responsible for any damage incurred inside the car and has therefore the obligation to pay for it.
5.2 In no case the Tenant will repair the Car himself, only the Owner shall decide on the reparation of the Car.
5.3 In case of circumstances such as emergency, accident, etc., the Tenant shall immediately give notice to the Owner and attend Owner’s directions on how to proceed.
5.4 If for any reason the Car is damaged and cannot be used by the Tenant, the Owner may replace it by offering to the Tenant another car of similar standards to those of the Car.
5.5 f an accident or other damage has been caused to the Car by the Tenant, the Owner has the right to decide whether to provide the tenant with another car terminate the Contract immediately.
5.6 If an accident or other damage has been caused to the Car, but not by the Tenant, then the Owner shall offer him another car of similar standards to those of the Car until the end of the Term of the Contract.
5.7 The Tenant may not refuse or request to substitute the insurance of the Car offered by the Owner.
5.8 The Tenant shall keep the car clean and use it properly and with diligence, as its own.
5.9 The Tenant is personally responsible from all other expenses, taxes, fees, tickets, parking, ferries, tolls or other, resulting from the use of the Car and that are not provided in this Agreement.
5.10 The Tenant shall present to the Owner a valid license for use of the Car and the Owner shall not rent the Car to the Tenant if he has not such valid license.
5.11 The Owner has the right to refuse to the Tenant to use the Car for carrying heavy or inappropriate goods, and in any case, the Tenant shall notify the Owner first and receive his approval.
5.12 The Owner may refuse carrying animals in the Car by the Tenant, and in any case, the Tenant shall notify the Owner first and receive his approval.
5.13 The Tenant shall only use the car for the right and agreed purposes and the violation of this clause is subject to immediate termination of the Contract.
5.14 In no case the Tenant shall use the car for illegal purposes. In the Tenant violates this cause, he shall pay to the Owner a penalty equal to EUR 500, without affecting his rights to receive damages according to applicable law.
5.15 In no case and no circumstances the Tenant shall let the Car to be driven by another person. The Car shall be driven only by the Tenant himself personally.
5.16 In no case and no circumstances the Tenant shall sub-rent the Car or transfer the Contract.
5.17 If Clauses 5.15 and 5.16 above are violated, the tenant shall pay to the Owner a penalty of EUR 500, without affecting his rights to receive damages according to applicable law.
5.18 The Tenant is responsible for all its own personal property and effects taken in the Car.
5.19 At the end of the Term, the Tenant shall bring back the Car at the place where he took it from the Owner, or, in case the Owner has previously agreed otherwise, at the place approved by the Owner,
Proton prices: Vehicle rental price is calculated and billed to the Client on a daily basis for short term rental and on monthly bases for long term rent. Price is variable and negotiable depending on:
1. Vehicle category.
2. The tenancy term.
3. Itinerary. For long distances higher prices apply.
Terms of Service, about the (i) booking of vehicle at Proton, (ii) list of countries where the vehicle will travel, (iii) Vehicle Insurance (iv) categories of vehicles, etc., are attached to this Agreement as Annex 1; full list of prices and additional accessories is attached to this Agreement as Annex 2; and each Annex is considered an integral part of this contract.
Ownership: Ownership of the vehicle is owned by Credins Leasing, with which Proton has signed a valid contract, and Proton is authorized to provide vehicle rental to the tenant. The Vehicle renting does not mean in any way transfer of ownership or right of pre-purchase of the vehicle by the tenant, or other rights associated with it, except the rental relationship, according to the definitions, terms and conditions set forth under this contract.
Insurance of vehicle rented: The daily rental price includes among others the compulsory TPL and the Casco insurance which covers 80% of the damages. The damage value which is not covered by the insurance policies issued by the Insurance Company shall be paid in full by the tenant, and the tenant agrees with that, with the signing of this Contract.
Deposit Guarantee: PROTON reserves the right to apply a security deposit to cover unreported damages, offenses, vehicle and equipment damage, or damage to third parties. In case no violations, offenses, fines or damages are found, the security deposit is returned in full to the tenant. The amount of the deposit remains at the discretion of the Proton to be determined, depending on the customer and the vehicle. This deposit is in principle  EURO.
CASCO INSURANCE/FULL CASCO DOES NOT COVER:
1. Damage to tires, (freeze, burnout or place of departure by sliding tires or braking with the handbrake), wheel discs (printing, hitting, scratching, loss of the bolt and bolt lid, damage or loss of wheel and tire caps negligent damage to the chassis.
2. Damage to the engine or pump oil or gasoline, as a result of bad fuel.
3. Burn of the trumpet
4. Damages in the clutch group (manual or automatic), pump clutch, disc, and clutch bearing.
5. Damages caused by drivers under the influence of alcohol or various drugs.
6. Damagesinside the cabinof the vehicle.
7. Damages incurred in the cabin of the vehicle because it is considered intentional or negligent of the tenant.
8. Damages caused by explosions, explosives, or by burning the car interior equipment.
9. Damages caused by users not authorized in writing by Proton to use the vehicle
10. Loss of keys or original documents of the vehicle.
11. Loss of anyvaluable object in the cabinof the vehicle.
Payment: The price of the rent should be prepaid. Payments can be made by cash, credit card, or in bank accounts of Proton in EURO currency, or ALL, (according to the daily exchange rate of the Owner) according to the prices offered by Proton.
In case of payment by credit card the Owner guarantees the confidentiality of card data, and conducting regular banking operations, according to the rental contract.
RESPONSIBILITIES OF THE TENANT
The tenant bears the obligation that the rented vehicle shall not be used to transport passengers or cargo, shall not be sublet, shall not be used to pull vehicles or other items without written authorization of Proton, shall not be used for racing, shall not be used for illegal purposes, and shall not be run by other persons not authorized in written by Proton.
The tenant is responsible and hereby declares that releases Proton from any responsibility, for goods that are or may be left in the vehicle during or at the end of the rent period. The tenant bears full legal responsibility with regard of the vehicle and the legal consequences which derive from the acts or omissions thereof committed by tenants with or without the Proton vehicle during the rental period, which are his/her exclusive responsibility, civil or criminal.
In case of accident, the tenant is obliged not to move the vehicle from the scene, to contact law enforcement authorities in the Republic of Albania, or the authorities of the state where he/she is and notify the Owner immediately.
In case of theft or damage to the vehicle by third parties, the tenant shall immediately notify Proton and the law enforcement authorities of the Republic of Albania,or the state where he/she is. In such cases, the tenant should take a copy of the police report (expertise). In the absence of the police report the tenant pays the entire amount of damage to the car.
The tenant declares upon his/her responsibility that has regular driving license, and that there is no legal restriction for him/her about the rental of the vehicle and/or its use. In any case, Proton reserves the right to contest in case of doubts about the tenant ability or the respective documents.
1. It is prohibited driving the vehicle under the influence of alcohol, drugs;
2. Smoking is prohibited inside the vehicle;
3. Driving is prohibited by unauthorized persons;
4. Driving is prohibited by persons under 18 and over 70 years.
5. Driving is prohibited from individuals who have physical disabilities that can affect driving.
6. It is prohibited providing rental vehicles to the persons of the "Black List of Proton"
7. It is prohibited to pull or be pulled another car, on a road not suitable for the engine or upon conditions that involve risks for vehicle tires or the parts under the vehicle.
8. It is prohibited to leave the keys inside the car.
9. It is prohibited to exceed the number of passengers over that indicated in the vehicle documents.
1. Tenant shall indemnify the full value of all damages not covered by insurance policies and not covered by the vehicle manufacturer's warranty (when the vehicle is still under warranty).
2. Tenant shall be fined half of the total value of the rent if permitting driving by persons unauthorized in writing by the owner, and the full value of the rent if he/she permits driving by unauthorized persons who are prohibited driving.