Terms and conditions
These general terms and conditions apply to the vehicles rented throughout the rental period. By entering into the Agreement, the Lessee confirms that they have read these general terms and conditions and undertake to comply with them in full. The general terms and conditions and the rental agreement are inseparable, and in the event of any conflict between the general terms and conditions and the rental agreement, the rental agreement shall prevail. The general terms and conditions shall remain in force after the return of the vehicle to the extent necessary for the Lessor to submit any claims for damages.
1. Object of the Agreement
1.1. The Lessor gives property belonging to the Lessor (hereinafter: the Vehicle) into the possession and temporary use of the Lessee on the terms and for the period specified in this rental agreement (hereinafter: the Agreement), and the Lessee undertakes to pay the Lessor a fee for the use of the Vehicle to the extent and in the manner agreed in the Agreement.
1.2. The rental period may be extended by agreement of the parties. Before extending the rental agreement, the Lessor shall present the lessee with a price list for extending the rental period, and the lessee shall confirm acceptance in writing with their signature or by e-mail.
1.3. An extension of a rental agreement of less than 30 days may be agreed by e-mail. An agreement on a rental agreement of more than 30 days must be executed in writing or signed digitally.
1.4. For the protection of persons and property, the Vehicle is equipped with a GPS monitoring device, which the Lessor has the right to use where there is justified suspicion in order to verify use of the Vehicle in accordance with the Agreement, in particular in the case of border crossings, and also to recover the Vehicle in the event of theft, robbery or misappropriation. By entering into the Agreement, the Lessee confirms that they have been informed of the presence of the GPS device and that they agree to the terms of its use.
2. General provisions
2.2. The Lessee of the Vehicle may be a natural or legal person of the Republic of Estonia or of a foreign state.
2.3. As the user of the vehicle specified in the rental agreement and the holder of a valid driving licence, the lessee is obliged to know and comply with the applicable traffic rules, accepting any fine or other cost arising from the lessee’s breach of the traffic rules.
2.4. The Vehicle may be driven by a natural person.
2.5. The users of the rented vehicle are jointly and severally liable for the payment of the obligations arising from the vehicle rental agreement.
2.6. When renting the Vehicle, the Lessee is obliged to present a valid driving licence and an identity document (i.e. an ID card or passport).
2.7. Where the Lessee’s driving licence has been issued outside the countries of the European Union, an International Driving Permit may be required in addition to the driving licence.
2.8. The Vehicle may be used only within the territory of the European Union. It is prohibited to enter Russia, Ukraine, Belarus, Georgia, Armenia, Azerbaijan, Moldova or Turkey with the Vehicle.
2.9. The rental period begins at 9.00 in the morning and ends at 9.00 on the following day. If the Lessee is more than 30 (thirty) minutes late in returning the Vehicle, 1 (one) Rental Day shall be added to the Rental Period.
2.10. Fuel is not included in the rental payment for the Vehicle. The Vehicle is issued and returned with a full fuel tank. If the Vehicle is returned with less than a full tank, the Lessor has the right to claim from the Lessee the cost of the missing fuel at a price of €3.00 per litre.
3. Handover of the Vehicle
3.1. The Vehicle is handed over to the Lessee in the condition and completeness agreed in the Agreement, together with all necessary documents. The Lessor ensures that the Vehicle is in technically sound condition, intact and with a clean interior.
3.2. Upon handover of the Vehicle, the Lessee has the right to examine the technical condition and documentation of the Vehicle and to request additional information from the Lessor if necessary.
3.3. The handover of the Vehicle to the Lessee and the condition of the Vehicle upon handover are recorded in a bilateral handover-acceptance report signed by both the Lessor and the Lessee.
4. Rental fee and payment methods
4.1. The Lessee pays the Lessor a fee for the use of the Vehicle (hereinafter the Rental Fee) on the basis of a prepayment invoice issued by the Lessor, either in cash, by bank transfer or via a bank link, before the handover of the Vehicle.
4.2. The Rental Fee is calculated in Rental Days, and calculation of the Rental Fee begins on the day the Vehicle is handed over to the Lessee and ends when the Vehicle is returned to the Lessor.
4.3. The Lessee’s payment obligation under the Agreement is deemed fulfilled once the amount stated on the invoice has been received in the settlement account designated by the Lessor.
5. Deposit
5.5. In addition to the Rental Fee, the Lessee is obliged to pay the Lessor a security deposit (hereinafter the Deposit) when renting the Vehicle. The Deposit is paid on site before the handover of the vehicle, either by transfer or in cash.
5.2. The Deposit is used to cover possible future damages and/or settlements (including parking and traffic fines, processing fees, late payment interest, etc.) and is returned or set off at the end of the Rental Period.
5.3. In the absence of claims, the Deposit is returned within 7 to 30 days.
6. Placing an order on the Lessor’s website
6.1. The Lessee selects a suitable Vehicle on the Lessor’s website and adds it to the shopping cart.
6.2. The Lessee selects the day of handover of the Vehicle.
6.3. In order to confirm the shopping cart and open the bank links, the Lessee must confirm their agreement with these terms and conditions.
6.4. The Lessee verifies that the shopping cart is correct and pays the Rental Fee in the selected payment environment. After payment, the link „Back to the Merchant“ must be clicked.
6.5. The Lessor sends the Lessee an e-mail confirming receipt of the order and the payment.
7. Rights and obligations of the Lessor
7.1. The Lessor gives the Vehicle into the possession and use of the Lessee on the terms and for the period provided for in the Agreement and undertakes to provide the Lessee with the services agreed in the Agreement.
7.2. The Lessor has the right at any time to verify use of the Vehicle in accordance with the Agreement, including the location of the Vehicle by means of the GPS device, either itself or through authorised third parties, and to require the Lessee to submit information and documents relating to the possession and use of the Vehicle.
7.3. Upon extraordinary cancellation of the Agreement on the grounds provided for in clause 9.5 of the Agreement and/or if the Lessee has not returned the Vehicle within 2 working days despite the Lessor’s demand, the Lessor has the right to notify the police of the disappearance of the Vehicle and to declare the Vehicle wanted, or, using its own assistance, to take over possession of the vehicle and bring the Vehicle to the Lessor’s location. Where the Vehicle is recovered in the manner described above, the Lessor shall not be liable in any way for property of the Lessee or of third parties located in the Vehicle, and the title to such property shall be deemed to pass to the Lessor free of charge.
7.4. Upon termination of the Agreement, the Lessor has the right to require an independent expert assessment to establish the condition of the Vehicle where, in the Lessor’s assessment, there are sufficient grounds to believe that the Vehicle has not been used in accordance with its intended purpose or with the due care provided for in the Agreement and that, as a result, the condition of the Vehicle has deteriorated significantly.
8. Rights and obligations of the Lessee
8.1. The Lessee is obliged to use the Vehicle with due care and in a prudent manner, in accordance with the intended purpose of the Vehicle.
8.2. Where the vehicle rental agreement is concluded by means of distance communication within the meaning of § 52 of the Law of Obligations Act, the Lessee has a 14-day right of withdrawal from receipt of the Vehicle.
8.3. There is no right of withdrawal where the Lessee is a legal person.
8.4. In order to exercise the 14-day right of withdrawal, the Vehicle may not be used in any manner other than is necessary to ascertain the nature, characteristics and functioning of the Vehicle in the manner permitted for testing the Vehicle at the Lessor’s location.
8.5. If the Vehicle has been used for another purpose or more than is necessary to ascertain the nature, characteristics and functioning of the Vehicle, or if the Vehicle shows significant signs of use or wear compared with what was recorded at handover, the Lessor has the right to reduce the Deposit returned or to refuse to return it.
8.6. In possessing, using, maintaining and otherwise dealing with the Vehicle, the Lessee is obliged to follow without deviation the instructions and rules given by the manufacturer of the Vehicle, the Lessor or the insurance company, or laid down in legislation.
8.7. The Lessee shall ensure that the technical condition of the Vehicle in their possession and use is checked, including the condition of the tyres, lighting equipment, warning lights and steering equipment, the engine oil level and the presence of radiator coolant, throughout the Rental Period.
8.8. The Lessee has no right to modify the Vehicle beyond what ordinary upkeep requires.
8.9. The Lessee is obliged to inform the Lessor immediately of all circumstances preventing the possession and use of the Vehicle, and also to take immediate measures to eliminate such circumstances. Impediments to the possession and use of the Vehicle, including partial or complete restriction of or inability to possess and use the Vehicle, shall not release the Lessee from performance of the obligations under the Agreement until it is proved that they were caused by a third party.
8.10. The Lessee is obliged to take all measures to protect the interests of the Lessor and the insurer in the event of an accident:
8.10.1. establishing the names of all parties involved and of witnesses;
8.10.2. not admitting their own fault or liability;
8.10.3. not leaving the Vehicle unattended or failing to see to its safety;
8.10.4. immediately informing the police of the accident or theft that has occurred and remaining at the scene until the police have given permission to leave;
8.10.5. immediately notifying the Lessor and the insurer of the incident.
8.11. The Lessee is prohibited from giving the Vehicle into the use of persons who are not specified in the Agreement as users of the Vehicle;
8.11.1. do not meet the requirements of the Lessor or arising from the Traffic Act as regards the validity of the driving licence, the age of the person and/or other possible restrictions;
8.11.2. are under the influence of alcohol, narcotics or other substances that impair consciousness and reaction, or are overtired.
8.12. The Lessee is prohibited from using the Vehicle:
8.12.1. off the roads intended for that purpose;
8.12.2. to carry more people than permitted in the registration certificate or the technical specifications;
8.12.3. to transport a greater quantity of cargo than permitted in the registration certificate or the technical specifications;
8.12.4. to push or tow other vehicles or other objects where the vehicle has no tow bar;
8.12.5. for driving off-road or on roads not intended for the vehicle in question;
8.12.6. to transport goods that are not properly secured;
8.12.7. to transport goods or objects whose odour damages the vehicle or makes it impossible to re-rent the vehicle immediately;
8.12.8. to transport flammable and explosive, toxic or other highly hazardous substances;
8.12.9. to take part in or train for rallies, test drives or races;
8.12.10. contrary to the traffic rules and other applicable rules;
8.12.11. as a warehouse or for any other purpose not intended for it;
8.12.12. for any unlawful activity;
8.12.13. for subletting;
8.12.14. for driving instruction;
8.12.15. for the provision of services for a fee;
8.13. When leaving the Vehicle, the lessee undertakes to take the necessary precautions (e.g. locking the vehicle doors) to prevent possible accidents or thefts. The lessee also undertakes, when leaving the vehicle, to take the vehicle
keys and documents (the registration certificate and other documents) with them.
8.14. In the event of the Vehicle being taken unlawfully, the Lessee undertakes to return the Vehicle’s documents and keys to the Lessor; otherwise the Lessee shall be deemed fully liable for the unlawful taking of the Vehicle.
8.15. The Lessee is obliged to return the Vehicle to the Lessor at their own expense at the agreed place and time upon expiry of the agreed Rental Period.
9. Liability
9.1. The Lessor and the Lessee are liable for the proper performance of their contractual obligations on the bases and in the manner provided for in the legislation of the Republic of Estonia.
9.2. The Lessor shall not be liable in any way to the Lessee or to third parties for the loss, damage or destruction of property left in the Vehicle by the Lessee or transported with it.
9.3. The Lessor is liable only for direct pecuniary damage that may be caused to the Lessee in connection with the interruption of a journey due to a breakdown of the Vehicle and/or a technical fault, except where the breakdown of the Vehicle and/or the technical fault is caused by the act or omission of the Lessee
9.4. The Lessee is liable for the direct pecuniary damage caused to the Lessor by the destruction, loss or damage of the Vehicle occurring while the Vehicle is in the Lessee’s possession, unless the Lessee proves irrefutably that the destruction, loss or damage of the Vehicle occurred in circumstances beyond the control of the Lessee or of the persons granted the right to use the Vehicle under the Agreement. In the event of theft of the Vehicle, the Lessee undertakes to pay the Lessor, in accordance with
the Lessor’s insurance policy, 15% of the market value of the Vehicle, except where the Vehicle has been stolen together with the Vehicle’s keys, in which case the Lessee undertakes to pay the Lessor 100% of the insured value of the Vehicle.
9.5. The Lessee is obliged to pay all fines, claims and contractual penalties caused by or arising from the Vehicle in the course of its use as a result of breaches of law, in accordance with the procedure provided by law.
In addition, the Lessee undertakes to pay the Lessor a surcharge of €20 (twenty) + VAT for each of the aforementioned cases which the Lessor has to process as a result of claims submitted to it (processing fee). The Lessor has the right to collect the said claims from the Lessee within 36 months from the date on which the relevant claim became known to the Lessor, including where the rental period has ended and the Vehicle has been returned to the Lessor.
9.6. In the case of damage covered by the insurance company arising to the Vehicle in the Lessee’s possession during the Rental Period, the Lessee undertakes to pay the Lessor the excess in the amount of €150 (one hundred and fifty) to €800 (eight hundred). The exact amount of the excess is fixed in the special conditions.
9.7. Notwithstanding clause 9.6, insurance cover does not extend to the following damage:
9.7.1. damage caused to the vehicle’s interior, control system, underbody or engine compartment, driving with flat tyres, damage caused by snow or ice (e.g. snow or ice falling from the roof of a building), or damage arising from driving off the roads intended for the movement of vehicles;
9.8. The Lessor has the right to claim a contractual penalty from the Lessee in the following cases:
9.8.1. loss of the keys, documents or other additional equipment of the Vehicle in the Lessee’s possession – €75, plus the direct cost associated with replacing the keys, documents and other additional equipment;
9.8.2. the Lessee smoked and/or ate in the vehicle and the vehicle’s interior has been damaged as a result – €300;
9.8.3. the Lessee carried soiled items or objects in the vehicle’s luggage compartment and/or interior and the vehicle’s luggage compartment and/or interior has been damaged as a result – €300. Furthermore, where the interior of the Vehicle has been damaged
in such a way that it cannot be restored by ordinary cleaning, the Lessee undertakes, in addition to the contractual penalty, to compensate for the replacement of the interior in accordance with the Lessor’s quotation corresponding to market conditions;
9.8.4. failure to empty the waste water and WC cassette carries a contractual penalty of €60;
9.8.5. exceeding the mileage limit fixed in the agreement – €0.2 for each additional kilometre driven;
9.8.6. where the Lessor is forced to exercise its right under clause 5.3 of the Agreement to take over possession of the Vehicle from the Lessee – €300, plus the direct pecuniary damage caused to the Lessor by taking over possession of the Vehicle
in excess of the amount of the contractual penalty.
9.9. Contractual penalties are agreed in order to compel performance of an obligation. In no case does payment of a contractual penalty release the Lessee from performance of the obligation, nor does it limit in any way the Lessor’s right to claim from the Lessee compensation for the damage caused by the breach of the obligation to the extent not covered by the contractual penalty. The Lessor’s right to claim contractual penalties from the Lessee is not limited.
9.10. Where, due to the act or omission of the Lessee or of any other person entitled to possess and use the Vehicle, the value of the Vehicle has decreased more than it would have under regular use, the Lessee is obliged to compensate the Lessor for all expenses incurred by the latter in restoring the Vehicle to such condition.
9.11. From the day following the due date, the Lessor has the right to claim from the Lessee late payment interest of 0.15% per day on the outstanding amount until the monetary obligation has been performed in full.
10. Validity and termination of the Agreement
10.1. The Agreement together with its annexes enters into force on the day of its signature and is valid until the Lessee has performed all obligations assumed under the Agreement.
10.2. The Agreement may be amended only in writing, and amendments enter into force upon their signature by the Lessee and the Lessor.
10.3. Both the Lessee and the Lessor have the right to cancel the agreement prematurely and extraordinarily if the other party materially breaches its obligations under the Agreement.
10.4. The Lessor has the right to cancel the agreement without further notice, in particular where:
10.4.1. the lessor receives information about the possible destruction, loss or damage of the Vehicle or another similar risk;
10.4.2. the value of the vehicle decreases significantly (i.e. the expenses incurred to restore the Vehicle would amount to more than 75% of the market value of the Vehicle) due to the culpable act or omission of the Lessee; the Lessee breaches any obligation provided for in clause 7 of the Agreement;
10.4.3. where, as a result of a loss event, the Vehicle is deemed totally destroyed according to the decision of an expert assessment (the insurer), or the post-loss restoration costs would equal the market price of an equivalent Vehicle.
10.5. The Lessee has the right to cancel the Agreement extraordinarily in particular where the Lessor does not hand over to the Lessee possession of the Vehicle or the documentation necessary for possession of the Vehicle, or where the Vehicle does not conform to the terms of the Agreement, or
the Lessor materially breaches another obligation assumed under the Agreement. Regardless of the ground for cancellation, the Lessee undertakes to give the Lessor an additional period of at least 5 working days to remedy the breach.
10.6. In no case does premature termination of the Agreement and payment of the contractual penalties accompanying termination release the Lessee from earlier rental fee payments.
11. Return of the Vehicle
11.1. The Lessee undertakes to return the Vehicle to the Lessor on the last day of the agreed Rental Period at the agreed time, in the completeness and condition corresponding to use of the Vehicle in accordance with the Agreement. The Vehicle returned must not have damage exceeding the normal wear and tear of the Vehicle.
11.2. Upon return of the Vehicle, the Lessor carries out an initial visual inspection and, where necessary, visible defects are recorded in the handover-acceptance report for the Vehicle. The Lessor also has the right, within 5 working days after the return of the Vehicle, to carry out a technical inspection of the Vehicle in order to identify latent defects. Where the Vehicle shows defects exceeding ordinary use in accordance with the Agreement, the Lessor has the right to claim from the Lessee compensation for the expenses incurred in restoring
the Vehicle.
12. Particularities of renting motorhomes and caravans
12.1. Before the start of each journey, the Lessee is obliged to check that all the windows and doors of the vehicle are closed, that the doors inside the interior are locked, and that passengers are correctly and safely seated.
12.2. The Lessee is obliged to use the vehicle only on roads that are roads within the meaning of the Building Code, and to park in public parking places and campsites.
12.3. The Lessee is liable for the destruction, loss and damage of the awning/canopy occurring while the vehicle is in the Lessee’s possession.
13. Final provisions and confirmations
13.1. Upon signature of the Agreement, the Lessee and the signatory on behalf of the Lessee acknowledge:
13.1.1. the person signing on behalf of the Lessee is fully authorised to sign the Agreement on behalf of the Lessee, and there are no statutory or other restrictions whatsoever that could prevent the conclusion of the agreement or serve as a basis for premature termination or annulment of the Agreement.
13.1.2. the conclusion of the Agreement does not conflict with the Lessee’s articles of association or other documentation governing its activities.
13.2. All disputes arising from this Agreement shall be resolved by negotiation. If no agreement is reached, the dispute shall be resolved in the first instance at the Võru courthouse of Tartu County Court.
13.3. The Agreement and its content are confidential. A party may not disclose confidential information without the prior written consent of the other party to the agreement. The confidentiality obligation does not extend to persons belonging to the same group as a party to the agreement, to the parties’ lawyers and auditors or to other persons who, under codes of professional conduct, are obliged to keep information entrusted to them secret, to banks, or to other cases where a party is required by law to provide the relevant information.
13.4. The Lessor has the right to process the personal data of the Lessee and/or their representative for the purpose of concluding and/or performing the Agreement and for the performance of rights and obligations arising from legislation and from the Agreement or any other agreements concluded between the parties. Personal data are processed in accordance with the privacy policy of Carsland OÜ
13.5. By signing the Agreement, the Client consents to the processing of their personal data, including disclosure to third parties in the register of payment defaults, in the event that they breach their obligations arising from the Agreement.
13.6. The Lessor and the Lessee confirm that they have read the Agreement and have unequivocally understood its content and the agreed consequences. The Agreement corresponds to their actual intention and to earlier agreements, and the provisions of the Agreement are in balance with one another.