1. INTRODUCTORY PROVISIONS

These general rental conditions apply to all relationships concluded by the company ACTINIA G.m.b.H., Josefstädter Strasse 43-45, 1080 Vienna, Austria or the company Actinia d.o.o., Mašera-Spasićeva ulica 8, 1000 Ljubljana, Slovenia (hereinafter the lessor). From the account of the “rent-a-car” activity, with the tenant and an integral part of the contract on the rental of motor vehicles (hereinafter referred to as the contract).

By signing the contract, the lessor and the tenant confirm the validity of these general rental terms, while the signature of both parties at the same time means an declaration by both that they are fully aware of the content of the agreement and these conditions, that they have read them in their entirety, understand them, they agree with them and accept them. In the future, the tenant waives any possible objections in the sense that the general rental conditions were not known to him at the time of signing the contract or that they were not delivered.

Any violation of the general rental terms also constitutes a violation of the contractual provisions and is a sufficient reason for immediate withdrawal from the contract or the corresponding annex to this contract or any supplement, the integral part of which is determined by the contract.

2. MEANING OF TERMS

The lessor is ACTINIA G.m.b.H. or the company ACTINIA d.o.o., as well as all its employees and persons authorized by it. The tenant, as well as all its employees and persons authorized by it, who are entitled to operate the vehicles according to the agreement, as well as third parties who, at the will or fault of the rent, operate the vehicles without the knowledge of the lessor. A vehicle is all vehicles that are the subject of the contract and for which the singular grammatical form is used, regardless of the actual number of rented vehicles at any given time, as can be seen from the contract or the annexes to the contract. The contract is the motor vehicle rental agreement and all annexes to the contract concluded on its basis – list and description of long-term vehicle rental (hereinafter referred to as annexes). In the following, the term “agreement” refers to both the agreement itself and the “agreement or the relevant annexes to the agreement”, unless an annex is explicitly mentioned.

3. VEHICLE MANAGMENT

The vehicle may be used, driven or operated by:

– persons over 21 years of age who have had a valid driver’s license for at least 2 years (or according to the valid conditions of the insurance company),
– persons authorized to manage, drive or use the vehicle, as specified in the agreement, or as subsequently communicated by the tenant,
– persons who, in accordance with the legislation in force at each time, have passed an appropriate professional exam in the field of occupational safety and fire safety,
– the tenant must not be punished or in criminal proceedings.

All the listed conditions for driving or operating a vehicle must be fulfilled cumulatively. The lessor will allow the tenant’s right to use the vehicle to be demonstrated in such a way that the tenant who fulfills his obligations under the agreement, during its duration, can use the vehicle unhindered, in accordance with the provisions of the agreement.

The vehicle must not be used, operated or driven:

– for paid transport of passengers and goods, such as taxi service or other transport of passengers and goods,
– for participation in any sports or other competitions and vehicle testing,
– for the activity of a driving school or other learning to drive motor vehicles,
– to drive or tow any vehicle or object,
– for further rental or use to a third party who is not listed in accordance with the agreement,
– if the driver is under the influence of alcohol, drugs or narcotics, tranquilizers, hypnotics, medicines or other psychoactive substances, after the consumption of which it is not recommended or prohibited to drive motor vehicles,
– if the vehicle is overloaded with passengers, luggage or goods, in accordance with the manufacturer’s technical documentation, or improperly loaded or loaded in violation of applicable regulations,
– if the vehicle is not in driving condition or is not technically faultless, and the tenant knows or should know about this, given the legal or internal provisions regarding the faultlessness of the vehicle,
– if the vehicle’s registration or insurance, agreed with the contract, has expired,
– on the roads of I., II. and III. order,
– outside the Republic of Slovenia or the EU (except for temporary use, which is only permitted if appropriate insurance is taken out, including comprehensive insurance and only in areas where such insurance is valid and with the prior written consent of the lessor),
– contrary to road traffic regulations,
– outside the driving limits permitted by the driving conditions,
– for illegal purposes (e.g. customs offences),
– for transporting flammable or dangerous substances,
– for any other purposes that are contrary to the concluded agreement, these conditions or applicable regulations, as well as other purposes that would in any other way threaten or violate the lessor’s ownership right over the vehicle. For any conduct in violation of the stated provisions, the tenant is liable for compensation to the lessor, who, in addition to the actual damage and compensation of his choice, may also claim early termination of the agreement against the tenant with all the consequences arising from the agreement.

4. COLLECTION OF THE VEHICLE

The tenant takes over the vehicle after signing the contract and upon fulfilling all the conditions and formalities specified in the contract. By signing the handover document, the tenant acquires the right to use the vehicle. The vehicle is the inalienable property of the tenant at all times, and the right of use according to the concluded rental contracts is also taken into account as property. The tenant hands over, and the tenant accepts, the vehicle in perfect technical condition, with legally prescribed equipment and other accessories (first aid, safety triangle and vest, basic tools, a set of light bulbs, and other legally required equipment), registered, insured as agreed in the contract, and original identification documents and insurance policies, the original of which is available for inspection at the lessor’s headquarters. If there is more equipment in the vehicle, this is recorded in the annex. Upon taking over, the tenant is obliged to inspect the vehicle, attachments and documentation immediately, later complaints are not taken into account. The tenant declares that he is fully aware of the handover conditions and accepts them by signing the contract (delivery period, warranty period, provision of spare parts, servicing of equipment, vehicle, etc.). The tenant is responsible for the collected documents and attachments of the vehicle, as for the vehicle itself.

5. DURATION OF THE RENT

The time of the long-term rental for an individual vehicle is agreed by the tenant and the lessor with annex.

The duration of the short-term rental (up to 6 months) is agreed between the tenant and the lessor in the contract itself.

6. EXTENSION OF RENT

The tenant and the lessor can agree on an extension of the long-term rental of the vehicle. The tenant is obliged to inform about the intention to extend the rent of an individual vehicle at least 60 (sixty) days before the end date of the rent specified in the individual annex. If the tenant wishes to extend the agreed rental period concluded on the basis of a short-term contract, he must ask the lessor for his consent, namely at least 48 hours before the expiry of such contract. The extension of the short-term rental agreement can be carried out in every branch of the lessor, while the extension of the long-term contract or annex can only be carried out in the branch where the contract was concluded.

7. VEHICLE RETURN

Common Provisions

The tenant undertakes to return the individual rented vehicle to the agreed place and on the agreed day and at the agreed time. When the vehicle is returned, a report is drawn up on the condition of the vehicle. The tenant undertakes to return the vehicle in a condition that takes into account the normal use of the vehicle, technically faultless, properly maintained, in a clean condition, with the agreed fuel level, free of things owned by third parties and fully prepared for normal use, with all associated equipment, clicks and documentation. If the lessor immediately upon acceptance (cleanliness, fuel level, etc.) or on the basis of a professional inspection of the vehicle, which is carried out no later than 14 (fourteen) days after acceptance of the returned vehicle, judges that the condition of the returned vehicle is not adequate, he has the right to order the necessary repairs and perform other actions at the tenant’s expense to return the vehicle to its original condition. If the tenant does not hand over all the documents received regarding the vehicle or all the equipment or accessories of the vehicle, he is obliged to settle the costs for obtaining all of this. Vital parts of the vehicle are sealed or marked with factory numbers. If the lessor discovers that some part is missing or has been replaced, he has the right to charge the tenant for all the resulting damage. In case of violations from III. – Paragraph V of these general rental terms and conditions, in addition to the reimbursement of costs, is entitled to reimbursement, and the tenant is obliged to pay this in full, compensation and any lost profit for the time of the inability to dispose of the vehicle for the purpose of performing the registered activity due to the stated reasons. The lessor may also demand from the tenant all damages, compensation and any lost profit, if the tenant did not take any action or did not take effective enough action to eliminate the legal, technical or economic unusability of the vehicle, or for the reduced possibility of using the vehicle. The condition of the vehicle at the termination of the agreement or the corresponding annex, in case of disagreement, is determined by an authorized service technician or an appraiser at the tenant’s expense.

Long-term rental

In the event that the tenant does not return the vehicle after the expiration or termination of the agreement or the annex to the agreement, as agreed, and does not extend the rent on time or does not communicate a hold on the return of the vehicle, the lessor is entitled to take the vehicle from the tenant and to establish its possession on it, as this was before handing over the vehicle to the tenant. In such a case, the tenant and the lessor agree that in this case there is no disturbance of the property, and the tenant expressly allows the lessor to take his vehicle into his possession. If the tenant is late in returning the vehicle, he is obliged – in addition to other obligations – to pay further monetary compensation for each day of delay in returning the vehicle in the amount of the rent, as agreed in the agreement, which applies in the case of premature return of the vehicle, until the actual return of the vehicle or the lessor’s establishment of ownership rights. In the case of the establishment of the lessor’s ownership right on the vehicle due to the failure to return the vehicle within the agreed period, the tenant unconditionally acknowledges the handover document of the condition of the vehicle at the time of establishment of the ownership right, which the lessor compiles upon taking possession of the vehicle.

Early return of the rented vehicle without stating a specific and valid reason, in accordance with the provisions of the rental agreement, is not possible before the expiration of six (6) months, counted from the date of delivery of the rented vehicle. After the expiration of six (6) months, withdrawal is possible, based on the concluded agreement, whereby the lessor is entitled to calculate the rent for the rented vehicle in accordance with the provisions of Article 14 of the agreement.

Short term rental

If the lessee exceeds the agreed rental time, the first 29 minutes will not be charged. After this time has been exceeded, additional days will be charged until the vehicle is returned in arrears or possession is established by the lessor, regardless of the otherwise agreed rental price. In the event that the lessor establishes ownership rights to the vehicle, the lessee expressly and unconditionally waives any lawsuit due to disturbance of possession or security of possession and allows the lessor to take possession of the vehicle, without the lessee’s right to assert any compensation claims. In the case of establishing the lessor’s right of ownership on the vehicle, due to non-return of the vehicle, the lessee expressly and unconditionally acknowledges the record of the condition of the vehicle at the time of establishing the right of ownership, drawn up by the lessor.

8. REMINDER COSTS AND VEHICLE RECOVERY DUE TO NON-PAYMENT

In case of non-payment of the current installment, the tenant is reminded on the fifth (5) day after the expiration of the invoice with a payment reminder, the cost of which is €10.00 (ten 00/100 EUR). If the due installment is still not paid within ten days after the first reminder, the cost of the second reminder is €20.00 (twenty 00/100 EUR). If the past installment is still not paid after the next installment has already been issued and after two reminders have been issued (30 days after the expiration of the installment for the payment of the vehicle rental), the LAST, third reminder is sent (40 days after the expiration of the installment for the payment of the vehicle rental) in the amount €40.00 (forty 00/1000 EUR), which is already a reminder to take the vehicle. If all installments, including all reminders, are not settled within three (3) days from the fourth reminder, the vehicle will be confiscated. The cost of repossession depends on the collection agency that provides the service of repossession of motor vehicles for the lessor. All costs of taking away the motor vehicle are fully borne by the tenant.

The above applies only in the case of long-term rental (over 6 months). In the case of a short-term rental (less than 6 months), in the event of non-payment of the current installment, the tenant will be notified after the expiration of three (3) days according to the invoice, in the manner specified in the previous paragraph. If the due installment is not paid within five (5) days, counted from the day of issuing the reminder, the lessor is entitled to temporarily take the vehicle from the tenant or prevent him from further using the vehicle until the due obligation has been paid in full.

9. REPLACEMENT VEHICLE

The tenant is entitled to a replacement vehicle without additional rental costs according to the contract in the event of a fault on the vehicle or for the period of regular servicing of the rented vehicle, but only if this is agreed in the contract itself.

The tenant is entitled to a replacement vehicle against the payment of an additional rental costs, in accordance with the provisions of the short-term rental agreement, in the following cases:

– in accordance with the provisions of Articles 11 and 12 of the contract (extraordinary services, repairs due to excessive use, general services or the installation of spare parts earlier than planned or specified in the manufacturer’s technical documentation),
– limited use due to breakdown or damage, including the complete destruction or loss of the vehicle and the occurrence of other damage cases, if these costs are not covered by the insurance company or are not covered by the manufacturer within the warranty period,
– if, after taking over, the vehicle can no longer be used for the originally specified purpose due to legal regulations or measures taken by the authorities,
– for the period during which the tenant is late in returning the vehicle, regardless of the reason.

The tenant does not receive a replacement vehicle if the tenant is responsible for the reason the vehicle is being repaired or serviced.

10. MILEAGE

The number of kilometers traveled during the rental period is determined by the factory-installed and sealed odometer, with the condition of the meter being listed upon return of the vehicle in the case of a short-term rental, while in the case of a long-term rental it is listed annually, which means that the tenant is obliged by the last day at the latest of the calendar year to report the state of the odometer of the rented vehicle. Regardless of this provision, the tenant must also immediately notify the lessor when the warning devices in an individual vehicle notify him of the need for service of the individual vehicle, which is performed for a certain number of kilometers driven, or if it exceeds the contractually agreed monthly number of kilometers by more than 10 percent. Any intervention by the tenant in the factory installed counter on the vehicle and in the dashboard is prohibited. In the event of a malfunction of the odometer, the tenant is obliged to immediately notify the nearest office of the lessor, from whom he will receive all the necessary instructions.

11. FUEL

Fuel is not included in the rental price. The tenant picks up the vehicle with an empty fuel tank and also returns with an empty fuel tank, except in the case of short-term rental, where the vehicle is picked up with a full tank and returned with a full tank of fuel.

12. MAINTENANCE AND SERVICING

The tenant undertakes throughout the rental period to use the vehicle for normal use, maintain it and take care of it as a good owner and in accordance with the relevant technical and other instructions, recommendations and good business practices, as well as in accordance with the provisions of the concluded agreement. Any other behavior constitutes a breach of contractual obligations by the tenant. In case of damage to the vehicle or damage to the vehicle due to non-compliance with the provisions of this point of the rental conditions, the tenant is obliged to reimburse all such damage, as well as any lost profit due to the inability to perform the basic activity with the individual vehicle.

Defects

In the event of a breakdown, the tenant is obliged to immediately notify the nearest office of the lessor and act in accordance with the instructions. Defects on the vehicle that are not repaired directly by the lessor may be rectified or repaired only in authorized service centers for the individual type and brand of vehicle. In the case of the tenant’s behavior contrary to the provisions of this point or repairing the vehicle “on his own”, or the occurrence of a defect on the vehicle due to the tenant’s incorrect use, management or driving of the vehicle, the cost of eliminating or repairing the defect will burden the tenant.

13. INSURANCE

Each individual rented vehicle is insured in accordance with the applicable regulations of the Republic of Slovenia and the general terms and conditions of the insurance company, which can be seen from the insurance policy for the individual vehicle, which is available in the original for inspection at the lessor, and to the extent agreed in the contract (comprehensive insurance, deductible). If necessary, the vehicle is also equipped with a GPS device, the use of which is intended both for the needs of carrying out control over the vehicle, as well as during the procedure of confiscation of the vehicle, if the customer does not respond to calls for return or in case of alienation. Regardless of the insurance taken out for the individual vehicle, the tenant is obliged to reimburse any possible damage to the individual vehicle and/or equipment in the following cases:

– the vehicle is not comprehensively insured, up to the amount of costs that are otherwise covered by insurance, or, if the vehicle is comprehensively insured and a deductible is calculated for compensation, which is charged to the tenant,
– damage to the interior of the vehicle, tires, wheel rims, decorative covers, wipers and antenna as well as damage to the vehicle chassis and other damage to the vehicle and equipment that are not covered by the insurance company,
– if its caused under the influence of alcohol, drugs, other narcotics or medicines or other psychoactive substances, the use of which driving or the operation and use of motor vehicles is discouraged or prohibited,
– if the damage is caused intentionally or through negligence,
– if the driver did not have a valid driver’s license at the time of the damage,
– if the scene of the accident was fled, regardless of fault,
– if the damage occurred as a result of using the vehicle contrary to the provisions of point 3 of these rental conditions,
– if the damage occurred in areas or countries that are exempt from vehicle insurance (crisis areas, war and potential war zones, etc.) or outside the EU without the lessor’s consent to use the vehicle outside the EU,
– in other cases that are not covered by the insurance company or that exceed the limit of insurance coverage and the like, regardless of the tenant’s fault,
– in the event of an unsuccessful lawsuit against third parties, together with all damages, costs and authorities.

The tenant is also responsible to the lessor for damage to the vehicle caused by third parties during the time when he is burdened with the risks associated with the vehicle or its use, especially to the extent that the damage to the vehicle occurred because the vehicle was operated by an unauthorized third party person (or a third party without the right to drive the rented vehicle), whereby the above provisions are duly taken into account. The tenant also fully covers compensation claims of third parties, which the latter would assert against the lessor (as the owner of the vehicle) for damage caused by the rented vehicle and which are not covered by the insurance company. In the event of major insurance cases occurring during one insurance period, the tenant is also charged with the malus, as calculated in the next car insurance. The vehicle is adequately insured for the entire period of validity of the contract. If the compensation for the destroyed or lost vehicle is not sufficient to cover the total damage suffered by the lessor, the tenant is obliged to reimburse the difference between the total damage caused to the vehicle and the insurance premium paid to the lessor by the insurance company, namely within 8 (eight) days after notification the lessor to the tenant about the fact that the insurance premium paid by the insurance company did not cover all the damage to the vehicle. The total damage suffered by the lessor is calculated in such a way as to estimate the value of the vehicle before the occurrence of such damage event, whereby the value of the vehicle cannot exceed the purchase value of the vehicle with the associated tax. The tenant is obliged to reimburse the lessor also the interest on the estimated value of the vehicle before the occurrence of the claim, calculated for the entire period, from the date of the claim until the liquidation of the claim, in the amount of 6-month EURIBOR (valid on the day before the claim) + 3.5 % interest.

14. OBLIGATIONS OF THE TENANT IN THE EVENT OF DAMAGE

In the event that the vehicle is damaged, destroyed, seized or stolen, or if the vehicle is involved in any accident that could lead to a legal dispute between the lessor and the tenant or between the lessor and third parties, the tenant is obliged to notify the lessor immediately. In case of theft, accident or damage, the tenant is obliged to immediately report the case to the police. The tenant undertakes to protect the interests of the lessor and its insurance company in the event of any traffic or other accident or injury with the rented vehicle, by:

– will record the names and addresses of all involved and witnesses to the accident, as well as the registration numbers of the vehicles involved,
– will not leave the damaged vehicle until it is secured or removed to safety,
– will not admit guilt to third parties,
– will in any case immediately call the police, inform them of the accident, wait for their arrival and the drawing up of the appropriate official report on the accident and obtain a copy of the report in question, and provide first aid to any injured persons,
– will comprehensively fill out the European accident report, make a sketch and give his statement, which he will immediately deliver to the lessor.

In the event of a damage incident, regardless of whether it is partial damage or total destruction of the vehicle or alienation of the vehicle, the tenant is obliged to secure all evidence of the incident and to obtain the documentation about the damage incident necessary for filing a compensation claim. For failure to comply with this point, the tenant is liable for compensation to the lessor, who, in addition to actual damage and compensation of his own choice, may also claim against the tenant early termination of the agreement or the annex with all the consequences of early termination due to culpable reasons on the part of the tenant, as derived from the agreement. In the event of damage, the lessor has no obligations to the tenant (e.g. free transport from the scene of the accident or replacement of the vehicle or a replacement vehicle or any other compensation, unless these costs are covered by insurance and in accordance with the provisions of the contract or these conditions).

15. PROPERTY OF TENANT AND THIRD PARTIES

The lessor is not responsible for the tenant’s property or the property of another person left in or on the rented vehicle, in any replacement vehicle or in the business premises of the lessor. By signing the agreement, the tenant expressly waives any claims arising from the aforementioned losses and related damages.

16. THEFT OR FIRE

The tenant must not leave the vehicle unlocked, and must pay special attention to potential sources of fire. In the event of theft or fire, the tenant shall act in the same manner as is stipulated for the occurrence of damage.

17. CRISIS AND WAR AREAS

The lessor reserves the right to define individual areas as crisis or war zones, which means that the use of the rented vehicle in such areas is prohibited, and the tenant undertakes not to drive or use the rented vehicle in such areas.

18. COMPLIANCE WITH TRAFFIC REGULATIONS

The tenant is responsible and assumes all obligations arising from non-observance of traffic regulations, improper parking or other violations of regulations when using the vehicle and for all resulting damage. The tenant is obliged to pay all potential fines and other fines caused or received by the tenant during the use of the rented vehicle and shall be charged to the tenant directly. This responsibility of the tenant continues even after the termination of the agreement, if the penalties or damages stem from the time when the tenant used the vehicle.

19. FINAL PROVISIONS

In case of inconsistency of the provisions, the provisions of the contract or the annex prevail over the provisions of the general rental terms and conditions. These general rental conditions of ACTINIA G.m.b.H. or the company ACTINIA d.o.o., enter into force on the date of signing the agreement and are used to regulate mutual relations arising from the company’s for-profit activity of renting the vehicles to the tenant.

Actinia, storitve in trgovina, d.o.o., Mašera Spasičeva ulica 8, 1000 Ljubljana.

Ljubljana, 5. 6. 2023