GENERAL TERMS AND CONDITIONS
1.1 Lease of motor vehicles to physical and legal entities, arranged by Ľuboš Grajcár - John the B tour, is governed by relevant provisions of Commercial Code (hereinafter as "CC"), Lease Contract and the General Terms and Conditions, which compose inseparable part of the Lease Contract.
1.2 The Lease Contract is concluded between Contracting Parties in the form of separate written contract, agreed by both Contracting Parties, which is at the first page hereof.
1.3 Subject of the lease is specifically determined motor vehicle, which is specified in Lease contract (hereinafter as "Subject of Lease").
1.4 Owner of the Subject of Lease is the supplier of the Leaser.
1.5 Operator of the Subject of Lease is the Lesser until the end of the lease period. Lesser as the operator is responsible, during the lease period (in case of not returning the Subject of Lease in the period determined in the Lease Contract or in Amendment hereto, and during this period until the return of the Subject of Lease to Leaser), for offences caused by the driver with the Subject of Lease and is obliged to pay all fines and charges related to removal, loading, police wheel clamp, etc.
1.6 Leaser is obliged to hand over the Subject of Lease in the Lessee’s operation determined in the Lease Contract and at the time determined in the Lease Contract, both Contracting Parties will confirm the handing over and accepting the Subject of Lease by their signature hereof.
1.7 The Leaser leases the Subject of Lease to the Lessee by the Lease Contract, which is on the first page hereof and the Lessee is obliged to use the Subject of Lease in usual manner for purposes of transporting passengers and their luggage.
Term of lease, amount of leasing charge and payment terms
2.1 Term of lease is specified in the Lease Contract.
2.2 On the day of finishing the lease the Lessee is obliged to return the Subject of Lease to the Leaser at the address of Leaser´s operation listed at the heading hereof (hereinafter as “Operation”) during the working hours of Leaser.
2.3 In case Lessee is interested in extending the term of lease above the period determined in the Lease Contract, the Lessee is obliged to turn up at the Leaser´s Operation on the last day of the lease term at the latest and to sign an amendment to the Lease Contract on extending the lease period.
2.4 Lessee undertakes to pay the lease to Leaser pursuant to the Lease Contract. The lease in the Lease Contract includes 150 km per day of lease on average.
2.5 Lessee is obliged to pay the advance to the Leaser in amount of lease agreed in the Lease Contract for the agreed lease period and this on the basis of advanced invoice issued by the Leaser. Maturity of the advance for the lease is given in the advance invoice as a day, which is agreed in the Lease Contract as the day of accepting the Subject of Lease. After finishing the term of lease, the Leaser will prepare final settlement and will issue final invoice, in which the last day of lease agreed in the Lease Contract is set as the maturity day. The above stated applies in case the Lessee does not have specific conditions agreed.
2.6 Contracting parties agreed that if Lessee returns the Subject of Lease after the period determined for returning it, set in the Lease Contract, the Lessee is obliged to pay to Leaser the charge for every started day of using the Subject of Lease after lapsing of the lease term, in amount of 100 EUR free of VAT.
2.7 Contracting Parties agreed that if Lessee does not return the subject of Lease in the period determined in the Lease Contract, Lessee will pay Contracting Penalty in amount of 35 EUR per every started day of delay in returning the Subject of Lease. Contracting penalty becomes mature after finishing of each day. The payment of the Contracting Penalty does not affect the Leaser´s claim for indemnification.
2.8 Leaser reserves the right to request the deposit from the Lessee. The maximum of the deposit is 500 € and this deposit will serve to the Leaser to arrange repair of Subject of Lease in case of insurance event and to pay participation fee, in case of not returning the vehicle on the last day of the lease for covering the costs related to taking away and handing back the Subject of Lease to Leaser, in case of not returning the Subject of Lease it serves as deposit for partial indemnification, in case of not paying the lease in full pursuant to the Lease Contract is serves for payment of lease for each extra kilometre driven, for payment of Contracting penalties and indemnification. The Leaser will return the unclaimed deposit within 15 (fifteen) days from termination of the Lease Contract.
2.9 The Lessee gives the consent to the Leaser to issue invoice and use the financial means from the deposit to pay it, in cases listed in point 2.8 hereof. If the deposit does not suffice to cover the whole invoice, Lessee undertakes to pay up the remaining part.
2.10 The fuel is paid by Lesser in full.
Rights, duties and declarations of Leaser
3.1 Leaser is obliged to hand over the Subject of Lease to the Lessee together with necessary documents, i.e. Registration book, Green Card, White Card.
3.2 Leaser is not liable for damages cause to Lessee due to the vehicle being incapable of operation for purposes hereunder, if it is verified, that until the acceptance of the vehicle by the Lessee, Leaser could not have detected or foreseen this incapability even when observing due care.
3.3 Leaser and Lesser declare that at the time of acceptance of the Subject of Lease by Lessee, the tachometer was at the state as given in the Lease Contract, which they confirm by signing hereof.
3.4 Leaser has handed over the Subject of Lease to the Lessee together with appurtenances, such as drag rope, spare wheel, lift jack, first-aid kit, triangular safety reflector, set of basic tools, reflective vest, and the set of spare bulbs.
3.5. Leaser declares he has paid the mandatory insurance for the Subject of lease.
Rights, duties and declarations of Lessee
4.1 Lessee honourably declares he/she is the holder of driving licence and is capable of driving personal motor vehicle - Subject of Lease.
4.2 Lessee is obliged to examine the Subject of Lease when accepting it and inform the Leaser of all detected faults. Leaser is not liable for faults, which the Lessee detected during the inspection, but did not notify the Leaser about it. Lessee declares, that at the time of accepting the Subject of Lease, he/she acquainted himself/herself with the technical state, was acquainted with possible faults of the vehicle and declares that the vehicle has no faults, which would prevent its regular use for transporting passengers and luggage.
4.3 Lessee is entitled to leave the territory of the Slovak Republic with the Subject of Lease only subject to prior written consent of the Leaser.
4.4 Lessee is obliged to lock the Subject of Lease properly, secure it with mechanical and electrical security equipment otherwise the Lessee is liable to Leaser for any damage established as a result of violating this duty.
4.5 Lessee is entitled to let the Subject of Lease to a third person for operation and use only on the basis of prior written consent of the Leaser, otherwise the Lessee is liable to Leaser in whole extent, for damage established as a result of violating this duty, caused by the third person.
4.6 Lessee is not entitled to perform any changes in, or to interfere with the Subject of Lease without prior written consent of the Leaser.
4.7 Lessee is obliged to enable the Leaser to inspect the Subject of Lease upon request to check the way of use or will enable the Leaser to check the technical state from time to time.
4.8 Lessee is obliged to return the Subject of Lease to Leaser in the agreed time and in the state as accepted. Lessee acknowledges, that the state of the fuel tank when returning the vehicle must be the same as the state of the fuel tank when accepting the vehicle, which is given in Lease Contract. In case the state of the fuel tank when returning the Subject of Lease does not correspond with the state of the fuel tank at the time of returning the vehicle, Leaser is entitled to charge the Lessee the amount of 100 EUR with VAT.
4.9 Lessee is obliged to pay the Leaser the agreed lease as well as the other payments pursuant to this Contract in agreed amount and maturity time.
4.10 Lessee undertakes not to damage the Leaser´s goodwill and not to abuse or disparage it in any way, either by using the Subject of Lease or by acting in the way, which could result in connecting the Leaser´s business name and Lessee´s acting, and which would be against the legal regulations or contradictory to good manners. Lessee is liable for damaging Leaser´s goodwill also in case the damage was caused by Lessee´s negligence.
4.11 During the regular use of the Subject of Lease the Lessee is obliged to top up the cooling mixture, screen washer liquid, brake fluid and oil in necessary amount and as per instructions in the service record and User manual, handed-over together with the vehicle, at own costs.
4.12 Lessee undertakes, he/she will not operate the Subject of Lease in a way contradictory to operational parameters, mainly loading it above the acceptable bearing capacity stated in the registration book, he/she will only transport objects suitable for transport in this type of vehicle, and will not operate it on the roads, which are not suitable or adjusted for operation of the Subject of Lease, such as forest roads, fields, etc.
Liability for damage
5.1 Lessee is liable to arrange and take care that no damage is caused to the Subject of Lease.
5.2 Lessee is liable for any damage to Subject of Lease from the moment of accepting it till handing it back to the Leaser.
5.3 Leaser has the right to request indemnification from the Lessee for damages caused to the Subject of Lease. The manner of indemnification will be decided by the Leaser.
5.4 Lessee is obliged to inform the Leaser immediately on the same day about occurrence of insurance event or damage of Subject of Lease and to bring the Subject of Lease to Leaser for inspection within maximum two working days, to fill-in the insurance company form – Accident report, so the Leaser can claim the insurance resulting from the policy properly and in time. At the same time, Lessee is obliged to inform the police about this damage, in case it is theft of the Subject of Lease, vandalism, or as required by legal regulations. If not done immediately, Lessee is liable to Leaser for any damage including the difference between the established damage and the damage paid from the insurance policy by insurance company.
5.5 Lessee is obliged to inform Leaser immediately about any repairs necessary to the Subject of Lease and to proceed according to Leaser´s instructions, provided by Leaser when informed about the need of repair. If the Lessee violates this duty, he/she has no right to claim costs established in relation to this.
5.6 Lessee cannot have the Subject of Lease repaired or interfere with it in any way without prior consent of the Leaser. Contracting Parties agreed that if Lessee violates this rule, he/she will pay Contracting Penalty to the Leaser in amount of 1.000 EUR. The claim of Leaser and the indemnification for damage caused by Lessee acting in this way is not affected by payment of the Contractual Penalty.
5.7 Leaser must claim the payment of costs in the paragraph 5.5 hereof from Lessee within 3 months from occurrence. The right lapses after the end of this period.
5.8 Lessee is obliged to pay to Leaser the participation in case of insurance event or in case of theft of the Subject of Lease in total amount to 30% of the established damage, minimum 170 EUR for each insurance event. Maturity of the participation fee is the day of handing over the Subject of Lease to Leaser.
Retention right and penalties
6.1 In case Lessee has the vehicle in repair at Leaser, Lessee acknowledges that Leaser has the retention right for the vehicle and in case the Lessee does not pay the lease pursuant to this Contract, or participation fee according to art. V, par.5.8 of GTC, Lessee agrees the motor vehicle will only be handed back after all due claims the Leaser has against the Lessee are settled.
6.2 If Lessee does not pay the lease at maturity and according to art. II, par. 2.6 of GTC, or any mature payments as per Lease Contract and GTC are delayed, Lessee undertakes to pay to Leaser the delay interest in amount of 0.1% from due amount for every day of delay.
6.3 If Lesser does not return the Subject of Lease to Leaser at the time given in the Lease Contract, and will not conclude an Amendment hereof of extending the lease, pursuant to art. II, par. 2.3 of GTC, Leaser will, search for, take back and withdraw the Subject of Lease from Lessee at Lessee´s costs and at the same time, Leaser is entitled to file a complaint for criminal offence of illegal use of property of another or for criminal offence of illegal use of motor vehicle of another pursuant to Penal Code and Penal Order.
7.1 Contracting Parties agreed the Lease Contract can only be changed and the Amendments approved in written form.
7.2 Lessee herewith grants the consent to Leaser, Ľuboš Grajcár - John the B tour under the Sec. 11 of Act No. 122/2013 Coll. on protection of personal data as amended for processing all personal data provided by Lessee to Leaser in relation herewith. The consent to process the personal data is granted on purpose of accounting and informing the Lessee about Leaser´s activities and activities related to Leaser´s activities, as well as about other activities and services. At the same time Lessee grants the Leaser the consent with processing and use of personal data pursuant to Sec. 62 of the Act No. 351/2011 Coll. on electronic communication mainly on purpose of implementing direct marketing. The consent is granted for unlimited time period and Lessee also declares, the provided personal data are true.
7.3 Written documents are delivered to the addresses of Contracting Parties listed in the header hereof. If a document was not delivered due to not accepting a delivery by Addressee, the document is considered as delivered on the third day from posting the delivery, even the Addressee was not informed about the sending.
7.4 This Contract is governed by provisions of Commercial Code.
7.5 If a provision of GTC becomes invalid, ineffective or unenforceable, or will become invalid, ineffective or unenforceable in future, this provision is excluded and it does not affect the validity, effectiveness and enforceability of remaining provisions of GTC.
7.6 Contracting Parties agreed that waiving any existing right established on the basis of Lease Contract must be in writing. Waiving the part of claim does not mean waiving the right for other part of unpaid claim.
7.7 Lessee must not assignee any right in relation to the Lease Contract and must not delegate any duty or any obligation resulting hereof without prior written consent of the Leaser. Any assignment and transfer of rights and duties without prior written consent of Leaser is invalid.
7.8 Representative of Leaser declared on honour that he has verified the identity and identity data of Lessee in presented identity card, travelling passport, extract from Business Register or other presented permit, and the Lessee is the holder of driver licence and at the same time confirms the compliance of the data with the data registered herein otherwise he/she is liable to Leaser for caused damage.
7.9 Contracting Parties declare, they have read the Lease Contract and CTC, they understood the contents hereof and to demonstrate that the contents hereof reflects their real and free will, they voluntarily sing it in hand.
7.10 Lease Contract and GTC become valid and effective on the day of signing thereof.
7.11 Lessee gives the consent to Leaser to issue invoice and use the financial means from the deposit to pay it, in cases listed in art. 2 hereof. If the deposit does not suffice to cover the whole invoice, Lessee undertakes to pay up the remaining part.