General Rental Terms and Conditions

1. INTRODUCTORY PROVISIONS
These general rental terms and conditions apply to all relationships entered into by ACTINIA G.m.b.H., Josefstädter Strasse 43-45, 1080 Vienna, Austria or Actinia d.o.o. Mašera Spasičeva ulica 8, 1000 Ljubljana, Slovenia (hereinafter the Owner) for the performance of “rent-a-car” activities with the Renter and are an integral part of the Vehicle Rental Agreement (hereinafter the Agreement).
By signing the Rental Agreement, the Owner and the Renter confirm the validity of these General Rental Terms and Conditions, and the signatures of both parties mean their explicit statement that they are fully informed of the content of the Agreement and its terms and conditions, that they fully read and understood them and that they agree with them and accept them.
The Renter waives any objections in advance in the sense that the provisions of the General Terms and Conditions were not known to him at the time of signing the Agreement or that they were not handed over to him (Article 27 of the Agreement).

Any breach of the General Rental Terms and Conditions also constitutes a breach of contractual provisions and is a sufficient reason for immediate withdrawal from the Agreement or the relevant Annex to the Agreement, of which these Terms and Conditions are an integral part, subject to Article 15 of the Agreement.

2. DEFINED TERMS
The Owner means ACTINIA G.m.b.H. or ACTINIA d.o.o., as well as all its employees and persons authorized by it. The Renter, as well as all its employees and persons authorized by it, who are entitled to drive vehicles under the Agreement, as well as third parties who, at the will or fault of the Renter, operate vehicles without the knowledge of the Owner. Vehicle means all vehicles that are the subject of the Agreement and for which the singular grammatical form is used, regardless of the actual number of rented vehicles each time, as shown in the Annexes to the Agreement. The Agreement means Vehicle Rental Agreement and all Annexes to the Agreement concluded between the Parties – the list and description of the long-term rental of vehicles (hereinafter the Annex). The term “Agreement” hereinafter refers to the Agreement itself as well as to the “Agreement or the relevant Annexes to the Agreement”, insofar as the Annex is not explicitly stated.

3. SCOPE OF USE OF THE VEHICLE
The vehicle may be used, driven or operated by:
• persons over 21 years of age who have had a valid driving license for at least 2 years (or under the
applicable conditions of the insurance company),
• persons authorized to operate, drive or use the vehicle under the Agreement,
• persons who have passed the relevant professional examination in the field of occupational safety and
fire safety according to applicable legislation.

All the above-listed conditions for driving or operating a vehicle must be fulfilled. The Owner will allow the Renter’s entitlement to use the vehicle to be demonstrated in such a way to allow the Renter, who fulfils his obligations under the Agreement, to use the vehicle without hindrance within the validity period of Agreement, under the provisions of the Agreement.
The vehicle must not be used, operated or driven:
• for the paid transport of passengers and goods, such as a taxi service or other transport of passengers and goods,
• to take part in any sporting or other competitions and vehicle tests,
• for the activities of driving schools or other learning to drive motor vehicles,
• to drive or tow any vehicle or object,
• for further rental or use to a third party not listed under the Agreement,
• if the driver has been under the influence of alcohol, drugs or narcotics, sedatives, hypnotics, or other psychoactive substances, after the consumption of which the driving of motor vehicles is not recommended or is prohibited,
• if the vehicle is overloaded with passengers, luggage or goods contrary to the technical specifications of the manufacturer or incorrectly loaded contrary to applicable regulations,
• if the vehicle is not in proper working order or not technically correct, and the Renter knows or should know it, according to the legal or internal provisions regarding the technical correctness of the vehicle,
• if the vehicle registration or insurance agreed in the Agreement has expired,
• on roads other than I, II and III. classes,
• outside the Republic of Slovenia or the EU (except for temporary use, which is allowed only if appropriate insurance is issued, including comprehensive insurance and only in areas where such insurance is valid and with the prior written consent of the Owner,
• contrary to road traffic regulations,
• outside the driving limits allowed by driving conditions,
• for illegal purposes (e.g. customs offences),
• for the transport of inflammable or hazardous materials,
• for any other purposes that are contrary to the concluded Agreement, these Terms and Conditions or applicable regulations, as well as other purposes that would otherwise endanger or violate the Owner’s ownership of the vehicle. For any action contrary to the above provisions, the Renter is liable for damages to the Owner, who may claim from the Renter, in addition to actual damage and compensation of his choice, early termination of the Agreement with all consequences arising from the Agreement.

4. ACCEPTANCE OF THE VEHICLE
The Renter accepts the vehicle after signing the Agreement and upon fulfilment of all conditions and formalities determined by the Agreement. By signing the Acceptance Report, the Renter acquires the right to use the vehicle. The vehicle is at all times the inalienable property of the Owner, whereby the right of use under leasing contracts is also taken into account as property. The Owner delivers and the Renter accepts the technically correct vehicle, with legally prescribed equipment and other accessories (first aid kit, road safety triangle and vest, spare wheel, basic tools, car lightbulb set, and other legally required equipment), registered, insured under Agreement, and original identification documents, a photocopy of the homologation and insurance policy, which are available in the original at the registered office of the Owner. If there is more equipment in the vehicle, it is recorded in the Annex. The Renter is obliged to inspect the vehicle, attachments and documentation immediately upon acceptance, later complaints are not taken into account. The Renter declares that he is fully informed of the business and delivery conditions and accepts them by signing the Agreement (delivery time, warranty period, provision of spare parts, servicing of equipment, vehicles, etc.). The Renter is responsible for the received documents and attachments of the vehicle, as well as for the vehicle itself.

5. RENTAL PERIOD
The period of long-term rental for each vehicle is agreed upon between the Renter and the Owner with the Annex.

6. EXTENSION OF RENTAL PERIOD
The Renter and the Owner can agree to extend the long-term rental period for the vehicle. The Renter is obliged to inform about his intention to extend the rental period for a vehicle at least 45 (forty-five) days before the expiration date of the rental period specified in a respective Annex (Article 14 of the Agreement). If the Renter wishes to extend the agreed rental period concluded by a short-term agreement, he will ask the Owner for consent at least 24 hours before the expiry of such agreement. The extension of the short-term rental agreement can be performed in each branch of the Owner, while the extension of the long-term agreement or Annex can be performed only in the branch office where such agreement was concluded.

7. RETURN OF RENTED VEHICLE
Common provisions
The Renter undertakes to return each rented vehicle to the agreed place, on the agreed date and at the agreed time. Upon return of the vehicle, a report on the condition of the vehicle shall be drawn up. The Renter undertakes to return the vehicle in a condition that takes into account the normal use of the vehicle, technically correct, properly maintained, clean, with the agreed fuel level, free of property owned by third parties and ready for normal use, with all associated equipment, attachments and documentation. If the Owner immediately upon acceptance (cleanliness, fuel level, etc.) or based on an expert inspection of the vehicle, which is carried out no later than 30 (thirty) days after receipt of the returned vehicle, finds that the returned vehicle is not in the appropriate condition, he will have the right to request the Renter to repair and perform other actions at his own expense to bring the vehicle to the original condition. If the Renter does not hand over all the received documents related to the vehicle or all the equipment or accessories of the vehicle, he is obliged to pay the costs of obtaining all this. The vital parts of the vehicle are sealed or marked with the manufacturer’s serial numbers. If the Owner finds any part missing or replaced, he has the right to charge the Renter for all the incurred damage. In addition to the reimbursement of the charges, the Owner has the right, according to paragraphs III – V, to the payment and the Renter will pay compensation and any lost profits for the period of the inability of the Owner to use the vehicle for performing its registered activities for the above-mentioned reasons. The Owner may also claim from the Renter all damages, indemnities and any lost profits if the Renter has not done anything or has not acted effectively enough to eliminate the legal, technical or economic unusability of the vehicle, or if the usability of the vehicle has been reduced. In case of a dispute, the condition of the vehicle at the time of termination of the Agreement or the relevant Annex will be determined by an authorized mechanic or appraiser at the expense of the Renter.

Long-term rental
If the Renter of the vehicle after the expiration or termination of the Agreement or Annex is not able, as agreed, and does not extend the rental in a due time or does not notify the Owner about the retention of the vehicle, the Owner is entitled to seize the vehicle and establish possession of it. In such a case, the Renter expressly and unconditionally waives any action for disturbance of possession or possession protection and allows the Owner to take possession of the vehicle without the Renter’s right to assert any claims. If the Renter is late with the return of the vehicle, he is obliged, among others, to pay additional rent for each started week in the amount of half of the monthly instalment agreed in the Annex at the rate applicable to the early return of the vehicle, until the actual return of the vehicle or the Owner’s establishment of the right of possession. If the Owner has established the right of possession on the vehicle due to delayed return of the vehicle, the Renter explicitly and unconditionally acknowledges the Vehicle Condition Report drawn up by the Owner upon establishing the right of possession.

Short-term rental
If the Renter exceeds the agreed rental time, the first 59 minutes will not be charged. After exceeding this time, additional days are charged until the return of the vehicle in delay or the establishment of possession by the Owner, regardless of the otherwise agreed rental price. In the case of establishment of the Owner’s right of possession on the vehicle, the Renter expressly and unconditionally waives any action for disturbance of possession or possession protection and allows the Owner to take possession of the vehicle without the Renter’s right to assert any claims. If the Owner has established the right of possession on the vehicle due to delayed return of the vehicle, the Renter explicitly and unconditionally acknowledges the Vehicle Condition Report drawn up by the Owner upon establishing the right of possession.

8. REPLACEMENT VEHICLE
The Renter is entitled to a replacement vehicle without additional rental costs under the Agreement in the cases referred to in paragraph 3 (the vehicle is not available within 24 hours after signing the Annex) and paragraph 1 of the Article (time of regular maintenance or servicing of the vehicle). The Renter is entitled to a replacement vehicle against payment of additional rent, under the provisions of the short-term rental agreement, in the following cases:
• paragraph 2 of Article 11 of the Agreement (extraordinary services, repairs due to excessive use, general service or installation of spare parts earlier than provided or specified in the technical documentation of the manufacturer),
• limited use due to damage or defect, including destroyed vehicle or loss of the vehicle or the occurrence of other damage, if these costs are not covered by the insurance company
or they are not covered by the manufacturer during the warranty period,
• if, after the acceptance of the vehicle, the vehicle can no longer be used for the purpose originally intended due to legal regulations or measures of the authorities,
• for the period during which the Renter is late with the return of the vehicle, regardless of the reason.

9. MILEAGE
The number of kilometres travelled during the rental is measured by the factory-installed and sealed odometer. The status of the odometer for short-term rental is recorded at the time of the return of the vehicle, and for long-term rental, it is recorded monthly, which means that the Renter is obliged to report the ending odometer reading from the last day of the month for which he is reporting until the 5th day of the following month at the latest. Notwithstanding this provision, the Renter shall immediately notify the Owner when the warning devices in a vehicle inform him of the need to service the vehicle after a certain number of kilometres, or if the mileage exceeds the agreed monthly allowed mileage by more than 20 per cent.
Any tampering with the factory-installed odometer and the dashboard by the Renter is prohibited. In case of the odometer breakdown, the Renter is obliged to immediately inform the nearest branch of the Owner, from whom he will receive all necessary instructions.

10. FUEL
Fuel is not included in the rental price. The Renter accepts the vehicle with an empty fuel tank and also returns with an empty fuel tank, except in the case of a short-term lease, where the vehicle is accepted with a full and returned with a full fuel tank.

11. MAINTENANCE AND SERVICING
The Renter undertakes to use the vehicle for normal use throughout the rental period, to maintain it and handle it with the care of a diligent owner and following the relevant technical and other instructions, recommendations and good business practices and the Agreement. In this respect, the Renter undertakes to maintain the vehicle regularly at its own expense (regularly check the oil level in the engine, brakes and automatic transmission – if applicable, water in the cooling system and battery and air pressure in the tyres, etc.), and notify the Owner of any vehicle failure. Failing to act in this manner constitutes a breach of contractual obligations by the Renter. In the event of damage to the vehicle or damage to the vehicle due to non-compliance with the provisions of these rental terms, the Renter is obliged to pay compensation for all such damage and any lost profits due to the inability of the Owner to use the vehicle for performing its registered activities.
Breakdown
In the event of a breakdown, the Renter is obliged to immediately notify the nearest Owner’s branch and follow his instructions. The breakdown on the vehicle that is not repaired directly by the Owner is allowed to be repaired only by authorized services for individual types and brands of vehicles, and the Renter is obliged to submit to the Owner all replaced parts and the original invoice issued by the authorized service. All costs of the repair of any defect on any vehicle beyond the warranty period are at the cost of the Renter. In case the Renter fails to comply with the provisions of this point or repairs the vehicle “on his own” or in case of damage to the vehicle due to improper use, operation or driving of the vehicle, the cost of repair will be at the cost of the Renter.

12. INSURANCE
Each rented vehicle is insured under the applicable regulations of the Republic of Slovenia and the general conditions of the insurance company, evident from the insurance policy for the respective vehicle, which is available for inspection by the Owner in the original and to the extent defined in the Agreement (conclusion of comprehensive insurance, deductible permit). If necessary, the vehicle is also equipped with a GPS device, the use of which is intended only during the procedure of seizure of the vehicle, if the customer does not respond to calls after the return or in case of alienation. Irrespective of the concluded insurance of a vehicle, the Renter is obliged to reimburse any possible damage to the respective vehicle and/or equipment in the following cases:
• the vehicle is not comprehensively insured up to the amount which is otherwise covered by comprehensive insurance, or if the vehicle is comprehensively insured and a deductible permit is charged, the latter shall be borne by the Renter,
• damage to the interior of the vehicle, tires, wheel rims, trim covers, wipers and antenna, and damage to the chassis of vehicles and other damage to vehicles and equipment not covered by the insurance company,
• if it was caused under the influence of alcohol, drugs, other narcotics or drugs or other psychoactive substances in which the use or driving and use of motor vehicles is not recommended or is prohibited,
• if he caused the damage intentionally or due to negligence,
• if the driver did not have a valid driving license at the time of the damage,
• if the Renter left the scene of the accident, notwithstanding the fault of the Renter,
• 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 Owner’s consent to use the vehicle outside the EU,
• in other cases not covered by the insurance company or exceeding the limit of insurance coverage and the like, notwithstanding the fault of the Renter,
• in the event of a failed action against third parties, together with all damages, costs and fees.

The Renter is also liable to the Owner for damage caused by third parties at the time when the Renter is burdened with the risks associated with the vehicle or its use, notwithstanding his fault, taking into account the above provisions. The Renter will also fully cover the claims for damages from third parties that are not covered by the insurance company. In the event of major insurance cases in one insurance period, the Renter will also be charged with penalties. The vehicle is insured only for the duration of the Agreement. After the expiration of the Agreement, except in case of the renewal of the Agreement, the Owner will not be liable for accidents or other injuries, theft or destruction of the vehicle, and these will be considered the Renter’s personal affairs and the Renter will be obliged to pay all damages, regardless of actual insurance of the vehicle. In the event of damage, the Owner shall have the sole right to claim damages. If the compensation for the destroyed or a lost vehicle is not sufficient to cover the entire damage suffered by the Owner, the Renter is obliged to reimburse all damage within 8 (eight) days after notifying the Owner. The total damage suffered by the Owner is calculated by estimating the value of the vehicle before the occurrence of such damage, where the value of the vehicle may not exceed the cost of the vehicle with the corresponding tax. The Renter is also obliged to reimburse the Owner the interest on the estimated value of the vehicle before the occurrence of the damage, calculated for the entire period from the date of the occurrence of the damage until the liquidation of damage in the amount of 6-month EURIBOR (valid on the day before damage calculation) + 3.5 % of interest.

13. OBLIGATIONS OF THE RENTER IN THE EVENT OF A DAMAGE
In the event of damage, destruction, seizure or theft of the vehicle, or if the vehicle is involved in an accident that could cause a dispute between the Owner and the Renter or between the Owner and third parties, the Renter is obliged to immediately notify the Owner. In the event of theft, accident or damage, the Renter is obliged to immediately report the case to the police. The Renter undertakes to protect the interests of the Owner and his insurance company in the event of any traffic or other accident or damage to the rented vehicle as follows:
• by recording the names and addresses of all those involved and witnesses to the accident, as well as the registration numbers of the vehicles involved,
• by not leaving the damaged vehicle until it is secured or removed to safety,
• by not admitting his guilt to third parties,
• by immediately calling the police, informing them about the accident, waiting for their arrival and for the relevant official accident report to be made, obtaining a copy of such a report, and providing first aid to any injured persons,
• by completing the European Accident Report, making a sketch and making a statement, which will be delivered immediately to the Owner.

In the event of damage, regardless of whether it is partial damage or destruction of the vehicle or alienation of the vehicle, the Renter is obliged to secure all evidence of the event and obtain documentation of the damage required to file a claim. In terms of the waiver of a right or claim under this point, the Renter is liable for damages to the Owner, who may, in addition to actual damage and compensation of his choice against the Renter, also claim early termination of the Agreement or Annex with all consequences of early termination due to fault on the part of the Renter arising from the Agreement. In the event of damage, the Owner has no obligations to the Renter (e.g. free transport from the scene of the accident or replacement of the vehicle or any other compensation, unless these costs are covered by insurance and are in accordance with the Agreement or its conditions).

14. PROPERTY OF THE RENTER AND THIRD PARTIES
The Owner is not responsible for the Renter’s property or the property of another person who left it in the rented vehicle or on it, in any replacement vehicle or on the business premises of the Owner. By signing the Agreement, the Renter expressly waives any right of claim arising from the aforementioned losses and related damages.

15. THEFT OR FIRE
The Renter must not leave the vehicle unlocked, and must pay special attention to possible sources of fire. In the event of theft or fire, the Renter will act in the same way as specified for the occurrence of damage.

16. CRISIS AND WAR AREA
The Owner reserves the right to define individual areas as crisis or war zones, which means that the use of a rented vehicle in such an area is prohibited, and the Renter undertakes not to drive or use the rented vehicle in such areas. The Renter and the Owner note that upon signing these General Terms and Conditions, there are no existing crisis or war zones in the European Union where the use of the rented vehicle would be prohibited. If, after signing these Terms and Conditions, any area is defined as a crisis or war zone, the Owner will immediately inform the Renter.

17. COMPLIANCE WITH TRAFFIC REGULATIONS
The Renter is responsible and assumes all obligations arising from non-compliance with traffic regulations, improper parking or other violations of regulations in the use of the vehicle and for any damage resulting from this. The Renter will pay and be directly responsible for all mandatory fines and other penalties he may have caused. This liability of the Renter continues even after the termination of the Agreement if the penalties or damages occurred when the vehicle was used by the Renter.

18. CLOSING PROVISIONS
In the event of any discrepancies between the provisions, the provisions of the Agreement or the Annex shall prevail over the provisions of the General Terms and Conditions. The general terms and conditions of ACTINIA G.m.b.H. or ACTINIA d.o.o. come into force on the day of signing the acceptance protocol and are used to regulate mutual relations arising from the performance of the company’s business activity or the rental of vehicles to the Renter.