Terms and Conditions

A. GENERAL SECTION 

1. BASIC PROVISIONS

1.1   This is the full text of the general terms and conditions for operating leasing (hereinafter referred to as “VPOL”) of easy cars slovakia rent, sro, which will come into force on June 5, 2018.
1.2   These VPOLs regulate the relationship between the lessee and the sub-lessee arising out of or in connection with the operating lease agreement (hereinafter referred to as “ZOL”) or any other agreement or arrangement based on or in connection with ZOL was concluded, as well as all relationships resulting from ZOL in connection with procedures for the conclusion of ZOL or other contracts or agreements which were concluded on the basis of or in connection with ZOL, unless expressly stated otherwise in these VPOL or ZOL is.
1.3  VPOLs are part of the ZOL, which was concluded between the tenant and the subtenant on the basis of the ZOL. The VPOL is an integral part of the ZOL, unless the validity of the VPOL as a whole or the validity of only certain provisions of the VPOL is expressly excluded.
1.4   In the event of contradictions between the provisions of the VPOL and the ZOL, the provisions of the ZOL take precedence.

2. DEFINITIONS

Terms used in these VPOLs and ZOLs or in related documentation have the meanings defined in these VPOLs, unless expressly stated otherwise in the corresponding document.

Tenant (leasing)

Easy Cars Slovakia rent, sro, based in Pšeničná 10, 821 06 Bratislava, IČO: 51114976, DIČ: 2120596863, registration: Commercial Register of the District Court Trenčín, section: Sro, supplement no .: 33954 / R
subtenant (leasing)
natural person or legal person means a person who has completed at least one ZOL with the tenant;
Authorized person (tenant) A
natural person who, on the basis of a power of attorney with an officially verified signature of the tenant, is authorized to carry out a specific legal act. certain legal acts on behalf of the lessee (e.g. withdrawal of PL) or a natural person who acts on behalf of the lessee on the basis of a power of attorney in accordance with special regulations;
Authorized person (subtenant)
a natural person who, on the basis of a power of attorney with an officially verified signature of the subtenant or a power of attorney signed by the subtenant in front of an employee of the tenant, is authorized to carry out a specific legal act, or certain legal acts on behalf of the subtenant or a natural person who acts on behalf of the subtenant on the basis of a power of attorney in accordance with special provisions;
The supplier is a 
natural person or legal person who is the owner of PL and is in a contractual relationship with the tenant, on the basis of which the tenant acquires or has acquired the right to use PL in order to PL the subtenant for use in the form of an operating -To lease.
Object of the leasing (PL)
a new or used movable object, which the subtenant is entitled to use, in the form of an operating lease. The tenant is the authorized owner and user (tenant) of the PL for the entire duration of the lease;
Excessive use (PL) The
subtenant has
exceeded the annual and / or total mileage limit when using the PL
.
The total
mileage limit is the  estimated number of kilometers specified in the ZOL that the PL will cover for the entire duration of the lease.
Price for km above the limit
the rate per kilometer specified in the ZOL, which, if the conditions set out in these VPOLs are met, multiplies every kilometer even started, which the subtenant with PL during one year / the entire duration of the lease exceeds the annual / total mileage limit agreed in the ZOL has traveled; Lease payment
The
amount that the sub-tenant has to pay to the tenant for the relevant payment period, in the form of an operating lease, for the provision of the related services mentioned in ZOL and for the administrative activities related to ZOL in accordance with the provisions and under to leave the conditions laid down in ZOL these VPOL and ZOL;
Payment period the period
for which the subtenant is obliged to pay individual lease payments to the tenant;
Insurance conditions
General insurance conditions and contractual or special agreements between the tenant and the respective insurance company that apply to the agreed insurance relationships, the subject of which is PL or PZP insurance. The insurance conditions are an inseparable annex to the ZOL and apply to the insurance of all PLs that are the subject of the ZOL. At the request of the sub-tenant, the tenant is obliged to hand over the insurance conditions to the sub-tenant after ZOL has been concluded. immediately after the establishment of the insurance relationship, if this insurance relationship was only established after ZOL was concluded. The insurance terms and conditions also include instructions on how to deal with an insured event on PL;
PZP
compulsory contractual liability insurance for damage caused by the operation of a motor vehicle according to a special regulation;
Participation of the subtenant
the degree of financial participation of the subtenant in the damage incurred in the event of an insured event;
Excessive pollution of the interior and exterior of the PL The
subtenant used the PL in such a way that the PL was contaminated beyond the usual level, in particular by smoking in the PL, transporting animals in the PL and others;
Excessive brake
wear The Sublessee used the PL in such a way that the brakes of the PL were above the usual level, for example with demonstrably corrugated discs on the transmitted PL and others;
Excessive tire wear The
Sublessee used PL so that the tires were worn outside the usual range, e.g. B. if the tire has been destroyed by a defect, improper use, blistering, drift etc.
Use of PL within the EU
The subtenant is entitled to use PL only in the countries of the European Union.
Protocol on the transfer of the PL
document, with the signature of the subtenant confirming the transfer of the PL from the tenant. The PL takeover protocol is part of the relevant ZOL;
Protocol on the return of PL to the
document, with the signature of the tenant and the subtenant confirming the return of PL to the tenant;
The service
Claims related to the use of PL as operating leasing and securing mobility. The sub-tenant, the provision of which is provided to the sub-tenant for the duration of the lease by the tenant either alone or through a third party. The scope of the services provided is specified in the ZOL, the type and conditions of their provision are specified in this VPOL and in the ZOL.
Operating Lease Agreement (ZOL) is 
a written agreement between the lessee and the sub-lessee that regulates the terms of the operating lease and the scope of the services provided to the sub-lessee;
Short-term
use of PL for  operating subleases for a fee in the form of an operating lease agreed between the lessee and the sub-lessee for a period of less than 6 (six) calendar months.
Long-term
use of PL as a  sublease contract  for a fee in the form of an operating lease agreed between the tenant and the subtenant for a period of 6 (six) or more calendar months. Uncovered
risk The
tenant has raised claims against the subtenant for reimbursement of financial costs in connection with an operating lease that goes beyond the deposit paid.
User folder
a series of information and documents relating to the PL, which the subtenant receives from the tenant when the PL is taken over, unless otherwise stated or agreed in writing in these VPOLs. Depending on the type of PL and the scope of the services provided, the user folder may contain the following in particular: vehicle registration certificate, authorization to use the PL, confirmation of PZP degree for the territory of the Slovak Republic (white card) and abroad (green card), SK sticker, highway sticker for the territory of the Slovak Republic for the calendar year in question, service cards, general conditions for the provision of support services, support service card, instructions on how to deal with an insured event on PL,Forms for reporting insured events to the landlord or other documents listed in this VPOL; in ZOL or in the lease;
Confidential information
All information about the ZOL contracting parties or third parties that are in a contractual relationship with the tenant or subtenant, which the contracting parties have received on the basis of or in connection with ZOL or ZOL, including information that is a trade secret within the meaning of the business contract subject to. of the Code Information that must be protected in accordance with the Personal Data Protection Act, as well as all other information about the legal status or the economic and financial situation and the activities of the tenant and sub-tenant or third parties that are in a contractual relationship with the tenant or sub-tenant ;
publication
Providing a document or information in publicly accessible business locations. The lessee or in the publicly accessible premises of the business premises of the person with whom the lessee cooperates in an appropriate manner at the lessee’s discretion when completing the ZOL or on the lessee’s website (www.easycars.sk) or another website, the relevant in question Document or relevant information will take effect unless otherwise stated in the relevant document.

3. PROCEDURE AND SIGNATURE

3.1 Procedure of the subtenant
3.1.1 A   legal person registered in the commercial register deals with a legal body in a manner determined by an extract from the commercial register, or a representative acts on his behalf. A legal body acts on behalf of a legal person that is not entered in the commercial register, ie those persons who are entitled to do so through a founding document of a legal person or other documents drawn up in accordance with the relevant legal provisions.
3.1.2 If the composition of the legal body of a legal person changes, this change becomes effective against the tenant if the original or an officially certified copy of a valid decision of such a body, which is justified in accordance with the social contract, the articles of association or the articles of association, is effective . to change. This provision does not affect the subtenant’s obligation to provide the tenant with a new extract from the register immediately after the commercial register or other register has been changed. The tenant is entitled to assess the credibility and appropriateness of the submitted documents at his own discretion.
3.1.3 A natural person may only act independently towards the tenant if they have full legal capacity. If the legal capacity of a natural person is restricted, the natural person acts through a legal representative.
3.2 Proceedings by a representative
3.2.1   Both a legal person and a natural person can be represented in a legal act by a representative on the basis of a power of attorney.
The power of attorney must be issued in writing and be sufficiently specific. The tenant’s signature on the power of attorney must be officially or otherwise verified in a manner that is satisfactory to the tenant. The subtenant undertakes to inform the tenant immediately of any change or termination of the power of attorney.

3.3 Proof of identity
3.3.1 The   tenant is entitled to request proof of identity for every action with the sub-tenant, and the sub-tenant is obliged to comply with the tenant’s request.
3.3.2 Subtenants   – A natural person proves their identity to the tenant with a valid ID. Sub-tenant – A legal person proves their identity to the tenant by means of a valid document on the identity of the natural person acting on behalf of the sub-tenant, together with a document showing the right to represent that natural person.
3.3.3   The following are proof of identity: identity card, passport or residence permit for a foreigner.
In the cases mentioned therein, the tenant is entitled to request additional documents from the sub-tenant, which prove the accuracy and completeness of the information provided by the sub-tenant. The subtenant agrees that the tenant will make a photocopy of the ID card or other additional documents presented to him by the subtenant and keep these photocopies in accordance with the applicable legislation on the protection of personal data.

 

B. SPECIAL SECTION

4. LEASING THEME

4.1 Order, handover and takeover of the PL
4.1.1 The  Subtenants can express their willingness to use the PL in the form of an operating lease in writing, by email, fax, telephone or in another form (hereinafter referred to as “operating lease application”), in particular by specifying : PL and its accessories, the required delivery date, the length of the lease or the expected annual number of kilometers traveled, the scope of the required related services and other important facts. The application for an operating lease is non-binding and has only an informative character. The acceptance by the tenant creates no further binding relationship between him and the sub-tenant’s ZOL, and there is no obligation towards the tenant towards the tenant.The application for an operating lease becomes binding only after confirmation by the tenant.
4.1.2  After receiving a binding application for an operating lease and a valid ZOL contract, the tenant requests the sub-tenant to accept the PL in writing by email, fax or telephone, in particular the place, date and time of the transfer of the PL or other facts required for its proper facts are to be taken over (hereinafter referred to as PL Call for Takeover PL). The tenant and the subtenant can also agree in writing on a different location, a different date, a different time or other facts, as stated in the invitation to take over the PL. If the conditions of takeover are neither specified in the request to take over the PL nor agreed in writing between the tenant and the subtenant, the subtenant is obliged toto take over the PL under the conditions customary for the takeover of similar movable goods. The subtenant is obliged to confirm the takeover of the PL by signing the protocol on the takeover of the PL.
4.1.3  The tenant delivers the rental property to the sub-tenant in a condition that is suitable for the agreed use. If the method of use has not been agreed, it is in a state in which a similar leased item can be used normally

4.2 Use of PL
4.2.1 The   tenant is registered as the owner of PL in accordance with the generally binding legal provisions applicable in the territory of the Slovak Republic. The power of attorney, which the tenant issues at the request of the subtenant immediately after completion of the ZOL and is given to the subtenant, serves as a document to prove the right of the subtenant to use PL.
4.2.2 The   subtenant is obliged to use the PL in accordance with the provisions and under the conditions laid down in this VPOL, in the ZOL and in accordance with the generally binding legal provisions applicable in the territory of the Slovak Republic.
4.2.3 Without the prior written consent of the lessee, the subtenant is not entitled to sell PL in a manner other than that specified in this VPOL, in the ZOL or in any other written agreement between the lessee and the subtenant, in particular without the prior written consent of the lessee, sell, provide as an advance or security, or otherwise sell PL so that it is available to third parties. In the event of a breach of the obligation under sentence 1 of this point, the tenant is entitled to demand a contractual penalty in the amount of 10% of the lease payment agreed according to ZOL. There is a breach of the obligation if the subtenant violates his obligation within one day within the relevant period. for which he is obliged to pay the lease payment.Any breach of the obligations mentioned in the first sentence of this point of the VPOL is also regarded by the subtenant as a major breach of the ZOL, with the possibility that the tenant can withdraw from this ZOL. The right to compensation for damages remains unaffected by this provision. The lessee is therefore entitled to claim from the subtenant, in addition to the right to payment of a contractual penalty, compensation for all damage and all costs arising from the breach of these obligations of the subtenant, including all costs related to the protection of his Rights arise and even if the amount of the damage exceeds the amount of the contractual penalty. The tenant is therefore entitled toto assert a claim against the subtenant in addition to the right to payment of a contractual penalty for all damages and all costs arising from the violation of these obligations of the subtenant, including all costs that arise in connection with the protection of his rights, and also if the amount of the damage exceeds the amount of the contractual penalty, the lessee is therefore entitled to claim from the sub-tenant, in addition to the right to pay a contractual penalty, compensation for all damage and all costs incurred as a result of the sub-tenant’s breach of these obligations, including all costs that arise in connection with the protection of his rights and even if the amount of the damage exceeds the amount of the contractual penalty.
4.2.4 The subtenant is obliged to inform the tenant immediately in writing about the creation or exercise of third party rights in the PL, other third party interventions in or use of the PL, damage to the PL, its theft, loss and other important facts relating to mutual obligations between to inform the lessee and sub-lessees based on VPOL or ZOL (e.g. changes in the company name, registered office or place of business of the sub-lessee, changes in the legal entity of the sub-lessee, changes in bank details, etc.) stating all important facts. The sub-tenant is obliged to provide all the necessary documents with these facts, while the tenant has the discretion to request other documents from the sub-tenants that substantiate the above-mentioned facts.The subtenant is also obliged to inform the tenant at least once a year about the actual condition of the kilometers traveled.

4.2.5 The subtenant is obliged to immediately inform the tenant and the responsible department of PZ SR about the loss, destruction or theft of part of the user folder or the PL accessories, in particular about the loss, destruction or theft of PL registration certificates , PL keys, keys of mechanical security devices or electronic security systems or their code labels, remote lock control or other devices, car radio, including removable security cover, PL registration number, cashless fuel card, PZP certificate and other parts of the user folder or PL accessories, subject to a charge in connection with the procurement of lost,destroyed or stolen parts The components for the user or the accessories PL are to be borne entirely by the subtenant, who is obliged to replace them by the tenant.
4.2.6 The subtenant is not entitled to make technical or other changes to the PL, to add retrofits or to make another assessment of the PL change to the PL without the prior written consent of the lessee, regardless of whether these PL changes were made with the prior written consent of the lessee or The sub-tenant leads without his consent at his own expense and risk. The lessee and the subtenant can agree in writing that the adjustments to the PL will be made at the lessee’s expense. However, such a written agreement must also contain an agreement to change the payment amount in accordance with section 5.7 of this VPOL. Any changes to the PL made at the expense of the sub-tenant, regardless ofWhether these changes to the PL have been made with the prior written consent of the lessee or without his consent, the sub-tenant is obliged to remove the PL after the end of ZOL and to restore it to its original state at his own expense. In this case, the sub-tenant is entitled to keep the deleted PL changes. The sub-tenant is obliged to fully compensate the tenant for any impairment of PL and all damages that PL incurs in connection with the implementation of PL changes, regardless of whether these PL changes with the prior written consent of the lessee or without his Approval has been given as well as any impairment of the PL and all damagethat arise from the PL in connection with the removal of changes to the PL or in connection with the restoration of the original state of the PL, whether these PL changes were made with or without the prior written consent of the lessee, as well as any impairment of the PL and all damage that have arisen from the PL in connection with the removal of PL changes or in connection with the restoration of the original state of the PL, whether these PL changes were made with or without the prior written consent of the lessee, as well as any impairment of the PL and all damage that has occurred to the PL in connection with the removal of PL changes or in connection with the restoration of the original state of the PL.
(hereinafter referred to as “PL changes”), unless otherwise stated in these VPOL or ZOL or agreed in writing. everyone

4.2.7 The subtenant is obliged to keep the PL functional, to use the PL only in the manner specified by the manufacturer in accordance with the operating instructions, technical operating conditions, the safety rules specified by the manufacturer and the safety rules that result from generally binding legal provisions in the Slovak Republic . Use the PL in a manner that is appropriate to the nature of the PL and its usual or agreed purpose and method of use, and take all necessary measures to ensure that the PL is not damaged or damaged, lost, stolen, or excessively worn Destruction is threatened. PL,and that the elements used to identify the PL (hereinafter referred to as “general use of the PL”) are not damaged or changed. In particular, PL must not be used for overspeeding, competitions, transport of dangerous substances, training trips, the maximum permissible total quantity or payload PL etc. The degree of wear of the PL must correspond to the normal use of the PL. Smoking is prohibited in PL.
4.2.8 The subtenant is obliged to treat PL with professional care, in particular he is obliged to check the technical condition including the tire condition before each use of PL. In the event that defects are found in the PL that can be remedied during routine maintenance, the subtenant is obliged to remedy these defects at his own expense. The lessee is obliged to immediately report any defects and signaling service to the vehicle service inspections. In the event of the discovery of defects in the PL that cannot be remedied during routine maintenance (hereinafter referred to as “defects in the PL”), the subtenant is obliged to immediately inform the lessee of these defects in the PL.Depending on the type of PL defects found, the lessee is obliged to ensure that they are remedied in one of the authorized service centers. In this case, the sub-tenant is entitled and at the same time obliged to immediately repair only those PL defects where there is a risk of occurrence or an increase in damage if they are remedied immediately or their immediate remedy to the life or health of the sub-tenant or third parties would endanger. The subtenant is not entitled to any other technical interventions on the PL, with the exception of routine maintenance in accordance with the instructions of the PL manufacturer or an authorized service center, unless otherwise stated in this VPOL. The tenant has the specified obligationif the type of defect can be included in the regular and obligatory basic supply of PL provided by the tenant. Detected defects in the PL, which due to their nature cannot be included in the regular and obligatory basic service of the PL, are obliged to remedy the subtenant at one of the authorized service centers at his own expense to reimburse these costs to the subtenant. The tenant is also under no circumstances obliged to compensate the sub-tenant for damage that arises due to the temporary impossibility of using the PL due to the detected defects in the PL. The subtenant is obliged to tolerate the restriction of the use of the PL due to the detected defects in the PL,until they are removed by an authorized service center.
4.2.9  Have fines been imposed by the responsible department of PZ SR or other authorities in SR or abroad due to non-compliance with generally binding legal provisions when using PL by the sub-tenant or a person acting on behalf of the sub-tenant or due to an unsatisfactory technical condition of PL In the case of other sanctions, the sub-tenant is obliged to pay all fines or other sanctions imposed in this way on his own account, while the tenant is under no circumstances obliged to reimburse the sub-tenant. At the same time, the subtenant is obliged to pay the tenant a one-time administration fee of EUR 20 plus VAT. For each processed fine for a traffic disruption in Slovakia and abroad.
4.2.10 The   subtenant is entitled to use PL only in the territory of the countries of the European Union.
4.2.11  The subtenant is obliged to always activate the electronic security system PL when parking, if the PL is equipped with it, and to use all mechanical security devices with which the PL is equipped to prevent the theft of the PL as much as possible .
4.2.12 Verstößt der Untermieter wesentlich gegen eine seiner in dieser VPOL, in ZOL festgelegten Verpflichtungen oder besteht nach Ansicht des Mieters die Gefahr eines solchen Verstoßes, so ist der Mieter ohne vorherige Zustimmung des Untermieters selbst oder durch eine vom Mieter autorisierte oder autorisierte Person berechtigt, den Status von PL jederzeit zu überprüfen , Ort, Zweck und Art seiner Verwendung (im Folgenden als “Kontroll-PL” bezeichnet) und gleichzeitig berechtigt sie, sich vorübergehend aus dem Untermieter-PL zurückzuziehen oder seine weitere Verwendung in einer Weise zu verbieten, die sie für angemessen hält. In diesem Fall ist der Untermieter verpflichtet, dem Mieter oder einer vom Mieter autorisierten oder autorisierten autorisierten Person uneingeschränkten Zugang zum PL zu gewähren.tolerieren alle Maßnahmen im Zusammenhang mit der Durchführung der PL-Inspektion und tolerieren auch die mögliche Entfernung des PL oder andere Maßnahmen, die für seine Entfernung oder Verhinderung seiner weiteren Verwendung durch den Untermieter erforderlich sind. Der Untermieter erteilt dem Mieter oder einer vom Mieter autorisierten oder autorisierten autorisierten Person hiermit auch die ausdrückliche Zustimmung zum Zugang zum PL sowie zur Überwindung von Hindernissen, die den Zugang zu dem Ort, an dem er sich befindet, verhindern, selbst wenn sich der PL an Land, in einem Gebäude oder in einem Gebäude befindet ein weiterer Ort, den der Untermieter aufgrund rechtlicher Tatsachen nutzt. Zu diesem Zweck ist der Vermieter oder eine vom Mieter autorisierte oder autorisierte Person berechtigt, insbesondere die Räumlichkeiten des eingetragenen Sitzes, des Geschäftssitzes und des Wohnsitzes des Untermieters zu betreten und zu inspizieren. Der Untermieter verpflichtet sich, den Mieter oder eine vom Mieter autorisierte oder autorisierte autorisierte Person zu ersetzen.alle Kosten, die mit der Sicherung von PL, seiner Entfernung oder professionellen Demontage, seinem Transport, seiner Bewachung, seiner Lagerung usw. verbunden sind. Wenn der Vermieter oder eine vom Mieter autorisierte oder autorisierte Person die PL-Kontrolle oder den Widerruf des PL durchführt und das Recht auf Zugang zum PL ausübt, ist der Untermieter verpflichtet, ihm die vom Vermieter oder der vom Mieter autorisierten oder autorisierten autorisierten Person angeforderte Zusammenarbeit zur Verfügung zu stellen. Befindet sich der PL auf einem Grundstück, einem Gebäude oder einem anderen Ort, an dem der Untermieter kein Eigentum oder sonstiges Nutzungsrecht hat, und infolgedessen der Mieter oder eine vom Mieter zum Zugriff auf den PL autorisierte oder autorisierte autorisierte Person, ist der Untermieter verpflichtet, den Mieter zur Verfügung zu stellen.oder eine autorisierte Person, die vom Mieter autorisiert oder autorisiert wurde, spätestens am folgenden Arbeitstag auf den PL zuzugreifen. Bei Nichterfüllung einer Verpflichtung nach diesem Punkt ist der Mieter berechtigt, eine Vertragsstrafe in Höhe von 10% der nach ZOL vereinbarten Leasingrate zu verlangen. Die Nichterfüllung der Verpflichtung gilt als, wenn der Untermieter seine Verpflichtung im maßgeblichen Zeitraum nicht erfüllt. für die er zur Zahlung der Leasingrate verpflichtet ist. Das Recht auf Schadensersatz bleibt von dieser Bestimmung unberührt. Der Mieter ist daher berechtigt, gegen den Untermieter zusätzlich zum Recht auf Zahlung einer Vertragsstrafe sein Recht auf Entschädigung für alle Schäden und alle Kosten geltend zu machen, die der Mieter oder eine dritte vom Mieter autorisierte oder autorisierte autorisierte Person für den Zugang zu PL hat.entstanden aufgrund der Nichterfüllung einer der in diesem Punkt des VPOL dargelegten Verpflichtungen des Untermieters, auch wenn die Höhe des Schadens die Höhe der Vertragsstrafe übersteigt. In diesem Fall erfüllt die Vertragsstrafe nicht die Funktion einer Pauschalentschädigung.
4.2.13 The lessee or an authorized person authorized or authorized by the lessee is entitled to withdraw the PL in the event of an uncovered risk. For this purpose, the landlord or a person authorized or authorized by the tenant is authorized to enter and inspect the premises of the registered office, the place of business and the place of residence of the subtenant. The subtenant undertakes to reimburse the tenant or a person authorized or authorized by the tenant all costs associated with the removal of PL, its removal or professional dismantling, its transport, its guarding, storage, etc. If the landlord or a third party authorized or authorized by the tenant removes the PL and exercises the right of access to the PL,the sub-tenant is obliged to provide him with the cooperation requested by the landlord or a person authorized or authorized by the tenant. If the PL is on a property, building or other place where the sub-tenant has no property or any other right of use, and as a result, the tenant or the person authorized or authorized by the tenant has access to the PL, the subtenant is obliged to grant access to the tenant or the authorized person. authorized or authorized by the tenant to access the PL at the latest on the next working day. In the event of non-fulfillment of an obligation under this point, the tenant is entitled to demand a contractual penalty of 10% of the leasing rate agreed according to the ZOL.for which he is obliged to pay the lease payment. The right to compensation for damages remains unaffected by this provision. The tenant is therefore entitled to claim from the subtenant, in addition to the right to payment of a contractual penalty, compensation for all damages and all costs that the tenant or a third party authorized or authorized by the tenant Person to access PL have arisen. this point VPOL, even if the amount of damage exceeds the amount of the contractual penalty. In this case, the contractual penalty does not serve as a lump sum compensation if the amount of the damage exceeds the contractual penalty. In this case, the contractual penalty does not serve as a lump sum compensation if the amount of the damage exceeds the contractual penalty.In this case, the contractual penalty does not serve as a lump sum compensation.
4.2.14 The   lessee is entitled at any time to make visual, acoustic or other recordings of PL, parts thereof or documents and other documents in connection with the acquisition and use of PL, if this is necessary according to the declaration of the lessee to exercise his rights under a contract concluded between the lessee and the sub-lessee or for any other reason specified by the lessee. The sub-tenant agrees that the tenant is entitled to use these records and copies as evidence in the event of a dispute.
4.2.15 The subtenant is not entitled to replace the plastic under registration number PL with the identification of the tenant or to remove the name of the tenant from it. In the event of damage or loss of this plastic underlay, the subtenant is obliged to inform the lessee immediately, who will then deliver a new sheet for PL at the expense of the subtenant.
4.2.16 The subtenant is not entitled to disturb the odometer on the PL in any way or to change the data on the odometer on the PL. In the event of a fault on the PL’s odometer, the sub-tenant is obliged to inform the tenant in writing immediately after the fault has been identified in order to ensure repair by an authorized service center. At the same time, taking into account the wear and tear of the PL and the current usage history of the PL, the tenant is entitled to estimate the number of kilometers traveled for the period in which the PL’s odometer was out of operation. The subtenant undertakes to accept this estimate as true and reliable.

5. PAYMENT TERMS

5.1 The subtenant is obliged to pay the lessee the lease payment properly and in good time in accordance with the conditions laid down in these VPOLs in the ZOL, unless the lessee and the subtenant have agreed otherwise in writing. Lease payments are made to the sub-tenant based on the invoices issued. The invoice for the first lease payment is issued by the lessee at the latest on the last day of the calendar month in which the sub-tenant took over PL. The invoice for each additional lease payment is issued in advance by the tenant on the first day of the previous month preceding the period for which the corresponding installment is paid. The tenant and the subtenant can agree in ZOL that the payment periods,for which the sub-tenant is obliged to pay individual payments to the tenant for longer than a calendar month, in which case the provisions of this point of the VPOL apply accordingly to the longer payment periods agreed in this way. In the event that the parties agree on the entire leasing rate, the renter issues an invoice after handing over the vehicle. The invoice is due at least 14 days after the issue. ZOL can stipulate that the subtenant is obliged to pay a certain payment or a part thereof in the form of an advance payment and / or before handing over the PL to the subtenant for use.In this case, the provisions of this point of the VPOL apply accordingly to the longer payment periods agreed in this way. In the event that the parties agree on the entire leasing rate, the renter issues an invoice after handing over the vehicle. The invoice is due at least 14 days after the issue. ZOL can stipulate that the subtenant is obliged to pay a certain payment or a part thereof in the form of an advance payment and / or before handing over the PL to the subtenant for use.In this case, the provisions of this point of the VPOL apply accordingly to the longer payment periods agreed in this way. In the event that the parties agree on the entire leasing rate, the renter issues an invoice after handing over the vehicle. The invoice is due at least 14 days after the issue. ZOL can stipulate that the subtenant is obliged to pay a certain payment or a part thereof in the form of an advance payment and / or before handing over the PL to the subtenant for use.to pay a certain payment or a part thereof in the form of an advance payment and / or before handing over the PL for use to the subtenant.to pay a certain payment or a part thereof in the form of an advance payment and / or before handing over the PL for use to the subtenant.
5.2 Any lease payment, fee or cost agreed in accordance with the ZOL as well as any other payment that the sub-tenant has to pay to the tenant on the basis of this VPOL or ZOL (hereinafter referred to as “payment”) shall be made on the corresponding invoice, which is made by the tenant in the ZOL agreed currency and was issued without value added tax (VAT), unless expressly stated otherwise. The VAT rate is determined by generally binding legal provisions that apply in the territory of the Slovak Republic, and the VAT is calculated separately in the corresponding invoices. The subtenant is obliged to make each payment in the currency agreed in ZOL and to pay the VAT in the amount specified in the respective invoice together with each payment.The subtenant is obliged to pay each payment in full by cashless transfer of funds from his checking account to the tenant’s checking account, stating the ZOL number as the variable symbol of the payment, unless the lessee has specified a different variable symbol. The subtenant is obliged to inform the tenant immediately in writing of any change in the number of his checking account. Change in the bank at which his checking account is held, through which the subtenant pays the payment. In the event of a change in the tenant’s current account number, the subtenant is obliged to accept this change in the current account number and to ensure payment of the payment to the tenant’s new current account. In the event of a change in the tenant’s current account number, the subtenant is obliged toaccept this change in the current account number and ensure payment of the payment to the new tenant’s current account. In the event of a change in the tenant’s current account number, the sub-tenant is obliged to accept this change in the current account number and ensure payment of the payment to the new tenant’s current account .
5.3   The costs incurred by the person authorized or authorized by the tenant will be reimbursed by the subtenant to the tenant.
5.4 The   subtenant is obliged to ensure that each payment is credited to the tenant’s account no later than the due date of the payment, which is stated on the corresponding invoice issued by the tenant (hereinafter referred to as the “due date”). The due date is 14 days from the date of issue of the invoice, unless another due date is specified in the ZOL or on the corresponding invoice.
5.4.1  In the event of a lease extension based on a verbal agreement or other text message, the subtenant is obliged to pay and ensure that the financial amount responsible for the lease extension is credited to the lessor no later than the day before the end of the tenancy (“due date”). In the event of a violation or non-payment of the lease extension, the landlord reserves the right not to repay the deposit in full.

5.5 In the event of late payment of the payment by the sub-tenant, the tenant is entitled to demand payment of default interest of 0.05% of the amount due for each day of delay from the sub-tenant. At the same time, the lessee is entitled to collect the outstanding payment either at his own discretion or through a third party. The subtenant undertakes to reimburse the tenant for all costs associated with the collection of the outstanding payment, including the accessories for this claim, the interest for arrears, contractual penalties, collection costs etc. The non-payment of the due payment by the subtenant within 14 days from the due date of this payment or another payment is considered a major breach of ZOL by the subtenant.In this case, the tenant has the right to withdraw from this ZOL. By delaying the sub-tenant with the fulfillment of the money obligation, the tenant is also entitled to a lump sum compensation for the costs associated with the application of the claim, which in accordance with the provisions of § 2 of the Government Decree No. 21/2013 Coll. One-time implementation of certain provisions of the Commercial Code in the amount of EUR 40, regardless of the duration of the delay, without the need for a special announcement.One-time implementation of certain provisions of the Commercial Code in the amount of EUR 40, regardless of the duration of the delay, without the need for special notice.One-time implementation of certain provisions of the Commercial Code in the amount of EUR 40, regardless of the duration of the delay, without the need for a special announcement.
5.6   If the variable symbol is specified in the payment, this payment is assigned to the corresponding invoice. If there is no variable symbol or other information that can be used to determine which invoice the payment relates to, this payment is assigned to the oldest invoice in chronological order after the due date. The payment is first credited to the client.
5.7 The   lessee is entitled to change the amount of the individual payments, their due dates and their structure unilaterally without the consent of the subtenant only if:
a) the legal, implementing or other regulations affect the amount of the individual payments, especially if the taxes change. Conditions to change the amount of the taxes or fees or to introduce
new taxes or fees; or
b) PL is insured, there is a change in the general insurance conditions, a change in the insurance tariffs or a change in other decisive facts that affect the amount of the premium; or
c) in the event of a PL accident, the lessee has agreed in accordance with these VPOLs and the insurance company concerned
has increased the insurance rate in accordance with the relevant insurance contract due to the proven high loss history when the lessee uses the rental property during the insurance relationship;
5.8 The   lessee is entitled to change the amount of the individual payments, their due date and structure on the basis of a written agreement with the sub-
lessee , especially if: a) the duration of the lease has changed by mutual agreement between the lessee and the lessee ; or
b) the scope of the services provided has changed by mutual agreement between the lessee and the subtenant; or
c) by mutual agreement between the tenant and the sub-tenant, the costs for the implementation of the PL adjustments were borne by the tenant.
5.9 The  The lessee has the right to reimbursement of all costs actually incurred for PL that are not part of the individual leasing payments, fees and costs agreed in ZOL (hereinafter referred to as “costs for PL”). The subtenant undertakes to properly and timely reimburse the tenant for all PL costs based on a special invoice issued by the tenant, unless the tenant and the subtenant have agreed otherwise in writing. The tenant will issue an invoice for the payment of the cost of PL within a reasonable time according to the nature of the reason for the right to cost of PL after having determined the specific amount of the right to cost of PL. The costs for PL are in particular:
(a) repair costs resulting from damage to PL, which are not covered by the PL insurance or which the insurance company concerned has not fully reimbursed or which the insurance company in question has not reimbursed in accordance with the content of the insurance contract;
b) the amount of the participation in the damage agreed in the respective insurance contract or the amount for the non-liquidated part of the damage. The in Art. 2 bod 5. ods. III. is not included in this amount and the subtenant is obliged to pay both this amount and the fee in accordance with the ZOL;
c) Costs for maintenance and repair of PL or for tire service, which are not included in the lease payments or which were paid by the lessee beyond the scope of the services agreed in ZOL;
d) Cost of a replacement vehicle that the lessee makes available to the sub-lessee in the event of an insured event on the PL if the lessee is not entitled to the provision of a replacement vehicle free of charge;
e) Other costs that are not included in the lease payments, fees and costs agreed in ZOL and this VPOL or that were paid by the tenant by mutual agreement between the tenant and the subtenant beyond the scope of the services agreed in ZOL.
5.10 The person who signs the operating lease agreement on behalf of the lessee (hereinafter referred to as the “accession borrower”) has mutually agreed with the lessee to meet the lessee’s obligation to pay all (but mainly) of the obligations under the agreement Damage, late payment interest, deposit, fee for excessive use of PN etc.). The accession debtor undertakes to fulfill the obligation entered into on the day the contract is signed and thus becomes the lessee’s debtor in addition to the subtenant. The accession debtor declares that the accession debtor does not have to pay the due financial obligation or part of it from the tenant to the sub-tenant by the due date at the latest and must pay it within this period.

6. SERVICES

6.1 Motor vehicle tax and motorway
stickers 6.1.1   If a personal motor vehicle, a commercial vehicle, a truck or other transport equipment is listed in ZOL as PL and unless otherwise specified in ZOL, the lessee is obliged to hand over the PL to the subtenant, in accordance with to pay the generally binding statutory provisions applicable in the territory of the Slovak Republic, this PL vehicle tax and a motorway sticker for the territory of the Slovak Republic for the calendar year in question, unless otherwise agreed in the ZOL. The subtenant is not obliged to pay vehicle tax or the lessee’s costs for the motorway stamp, as these costs are included in the price of the operating lease.
6.2 Insurance PL
6.2.1 PZP
6.2.1.1 If the relevant generally binding legal provisions that apply in the territory of the Slovak Republic imply an obligation to conclude a UGS contract for PL, the tenant ensures the conclusion of a UGS contract with one of its contract insurance companies. At the same time, the tenant ensures that a contract is concluded with PL for international liability insurance – the so-called green card, unless the tenant and the sub-tenant have agreed otherwise in writing. In this case, the territorial validity of the insurance is specified in the respective insurance conditions. The subtenant is not obliged to pay the tenant’s insurance premiums for UGS, as these costs are included in the price of the operating lease.
6.2.1.2   Confirmation of completion of the UGS for the territory of the Slovak Republic – the so-called white card, possibly also abroad – the so-called The green card is part of the user folder.
6.2.1.3 The subtenant is obliged to familiarize himself with the respective insurance conditions and to comply with them for the entire duration of the lease. In the event of a violation or non-fulfillment of one of the sub-tenant’s obligations imposed on him in the insurance conditions in generally binding statutory provisions that apply in the Slovak Republic, in this VPOL in ZOL, whereby the insurance company in question rejects or reduces the compensation. obliged to compensate the tenant for all damage incurred on PL or the amount calculated as the difference between the damage actually incurred on PL and the insurance compensation granted.
6.2.2 Other types of insurance PL
6.2.2.1 Unless the lessee and the subtenant agree otherwise in writing, the lessee has to conclude an insurance contract for PL with one of his contract insurance companies for common insurance risks, whereby this insurance includes, in particular, insurance in the event of accident, theft or damage to PL and insurance in the event of natural disasters . (hereinafter referred to as “usual insurance risks”). If, in accordance with a written agreement between the tenant and the subtenant, no insurance contract for PL for one of the usual insurance risks has been concluded and the subtenant concludes such an insurance contract in his own name and on his own account, the subtenant is obliged toa binding of the insurance benefits from this insurance contract in the benefit of the tenant and at the same time is obliged to immediately provide proof of this commitment to the tenant. The subtenant is obliged to maintain this burden in favor of the tenant until the end of the lease term. The tenant and the subtenant agree in writing on the scope of the cover.
6.2.2.2   If, in accordance with a written agreement between the lessee and the sub-lessee, no insurance contract for PL in the event of one of the usual insurance risks has been concluded or if this insurance contract is concluded with coverage that is less than the damage for PL, the sub-lessee is obliged to compensate The lessee has the total damage that PL has incurred or the amount calculated as the difference between the damage that PL has incurred and the provision of insurance benefits.
6.2.2.3 If the subtenant requests the tenant in writing to conclude an insurance contract for PL against other insurance risks (hereinafter referred to as “other insurance risks”), which e.g. Supplementary accident insurance, supplementary insurance for transported luggage, legal expenses insurance DAS etc. The tenant ensures the conclusion of an insurance contract for PL in one of his contract insurance companies against the necessary other insurance risks. The tenant and the subtenant agree in writing on the scope of the cover.
6.2.2.4   The scope of the cover, the amount of   the  sub-tenant’s participation of insurance events and other PL insurance terms are set out in the insurance terms.
6.2.2.5 The subtenant is obliged to familiarize himself with the insurance conditions and all other requirements of the respective insurance company in connection with the PL insurance and to comply with them during the entire term of the lease. In the event of a breach or non-fulfillment of one of the sub-tenant’s obligations imposed on it in the insurance conditions, in generally binding legal provisions that apply in the Slovak Republic, in these VPOL or in ZOL, the insurance company concerned shall refuse or reduce the provision of insurance benefits or In the event of damage greater than the agreed scope of coverage, the sub-tenant is obliged to compensate the tenant for any damage or the amount incurred on PL,which is calculated as the difference between the actual damage on PL and the insurance benefit provided.
6.2.3 Common provisions on PL insurance and on the occurrence and liquidation of an insured event
6.2.3.1 The   subtenant is obliged to ensure that the insured event does not occur at PL. If there is a risk of an insured event on PL, the subtenant is obliged to take all necessary measures to avert the damage threatening PL, taking into account the circumstances and possibilities, and if it is not possible to avert the risk of damage, the Subtenants are obliged to take all necessary measures to reduce the extent of damage to PL.

6.2.3.2 In the event of an insured event occurring on the PL, the subtenant is obliged:
a) to follow the instructions regarding the procedure in the event of an insured event on the PL that are part of the user component. If this is not possible or if the insured event at PL requires special instructions from the tenant, the sub-tenant is obliged to request these instructions from the tenant immediately and to act in accordance with these
instructions;
b) Report this insured event immediately to the relevant police department of the Slovak Republic (especially if PL is stolen, if PL is deliberately damaged or if a crime is suspected). If the police have a record of an accident, misdemeanor or crime (e.g. a report reporting the theft of PL, etc.), the subtenant is obliged to request a copy of this record from the police and to deliver it to the tenant immediately .
c) notify the lessee in writing of the occurrence of this insured event by delivering the completed form for the notification of insured events at the latest within 24 hours after the occurrence of the insured event has been determined. Forms for reporting insurance claims are part of the user folder.
d) to provide the evidence and documents required to apply for or enforce insurance compensation against the insurance company in question. If the condition for payment of the insurance compensation by the insurance company in question is a police record of the insured event, the subtenant is obliged to secure this record and to deliver it to the tenant immediately.

6.2.3.3 The   subtenant is obliged to fully compensate the tenant for the damage that PL suffered when it was used in the countries in which the validity of its insurance does not apply.
6.2.3.4   In the event of a decision by the insurance company concerned about the total loss of the PL, if its repair is uneconomical, the tenant must terminate the ZOL and make a final settlement. The lessee undertakes to carry out all measures required for payment of the insurance benefits by the respective insurance company.
6.2.3.5  The occurrence or duration of an insured event on PL has no influence on the obligation of the  subtenant  for the payment of individual lease payments, and this obligation applies for the entire duration of the lease, unless these VPOL, ZOL or ZOL are not specified in the insurance conditions.
6.2.3.6 In the event that the insured event on PL is due to the fault of the subtenant, the subtenant is obliged to pay the tenant the basic fee for the duration of the maintenance of PL. The basic fee corresponds to the amount of 70% of the lease payment agreed in ZOL for PL. When agreeing a daily lease payment in ZOL, the basic fee is calculated as the product of the number of days of the PL service and the amount that corresponds to 70% of the lease payment agreed in ZOL for PL. In the case of another agreed lease payment interval, these are calculated as the product of the number of days of PL service and the amount representing 70% of the lease payment per day.
6.3 Maintenance, repairs and tire service
6.3.1  The price for operating leasing includes the  regular and mandatory basic PL service provided by the  tenant .
6.3.2  Within the short-term sublease , the cost of tire replacement caused by improper use of PL is not included in the price of the operating lease. The price also does not include the cost of changing the tire in the event of a defect or damage to the tire and the seasonal replacement of tires (ie the exchange of winter and summer tires for PL). In this case, the cost of changing the tires is borne entirely by the subtenant.
6.3.3  The long-term sublease does not include the cost of changing tires after more than 30,000 kilometers per tire, which is specified in the price of the operating lease. The price does not include the cost of changing tires caused by improper use of the PL.
6.3.4.  The subtenant is not entitled to a discount on the price of the lease payments if he does not have a spare wheel and PL is temporarily unusable for this reason.
6.3.5.  The tenant offers warranty and post-warranty inspections and repairs from PL. The cost of these inspections and repairs, with the exception of the cost of recognized warranty repairs and free warranty inspections, are borne by the supplier or the seller. The sub-tenant bears all other costs for maintenance, repair and tire service.
6.3.6.   The subtenant is only obliged to use the services provided by the authorized service when the PL service is required and only with the tenant’s consent.
6.3.7. In the event of an insured event on PL, the subtenant has the right to a replacement vehicle. The subtenant is obliged to request the tenant in writing to provide a replacement vehicle. The tenant checks the reasons why PL is not operational and provides the subtenant with a replacement vehicle in justified cases. In the event of an insured event at PL through no fault of the subtenant, the tenant will provide the subtenant with a replacement vehicle free of charge. In the event that the insured event on PL was caused by the subtenant and / or by an unknown person, the subtenant is obliged toto pay the lessee the costs of using a replacement vehicle in addition to the lease payments agreed in PL for PL. The scope of the costs The tenant charges the sub-tenant an aliquot part of the lease payments agreed in ZOL for each day of use of the replacement vehicle Event on PL results in the fault of the subtenant and / or an unknown person, although the tenant originally provided the subtenant with a free replacement vehicle.The sub-tenant is obliged to reimburse the additional costs for the time of use of the replacement vehicle, even if the examination of the insured event on PL is the fault of the sub-tenant and / or an unknown person, although the tenant originally provided the sub-tenant with a free replacement vehicle Has made available.The subtenant is obliged to reimburse the additional costs for the time of use of the replacement vehicle, even if the examination of the insured event on PL is the fault of the subtenant and / or an unknown person, although the tenant originally provided the subtenant with a free replacement vehicle Has made available.

7. CANCELLATION OF ZOLS AND ZOLS AND RETURN OF PL

7.1 Proper termination of ZOL

7.1.1   Unless otherwise agreed in writing by the tenant and the subtenant, the ZOL will be terminated properly after the operating lease specified in the respective ZOL has expired, but not before the PL has been returned to the tenant and all obligations of the subtenant towards the tenant have been met Tenant.

7.2 Premature termination of ZOL
7.2.1 The   tenant and the subtenant are only entitled to withdraw in one of the cases mentioned in this VPOL, in ZOL or in accordance with the provisions of the ZOL Commercial Code. ZOL’s resignation must be in writing and delivered to the other party. It becomes effective on the day of delivery to the other party, unless otherwise stated in the revocation. The effectiveness of the withdrawal from the ZOL does not entitle either of the contracting parties to request the return of services that the other contracting party has performed on the basis or in connection with the ZOL before the date of the entry into force of the withdrawal.
In the event of the sub-tenant withdrawing from the contract, the tenant has the right to charge the sub-tenant a cancellation fee of 100%, unless the parties agree otherwise.

7.2.2 The lessee is entitled to withdraw from ZOL mainly for the following reasons:
a) if the subtenant pays the lease payment or the fee or costs agreed in ZOL or any other cash obligation that the subtenant has to pay to the lessee, is in arrears on the basis of this VPOL or ZOL for a period of more than 7 days from the due date of the invoice issued by the lessee or if the subtenant was in arrears with the lessee in fulfilling another monetary or non-monetary obligation; or
b) if a bankruptcy petition has been filed for the sub-tenant’s assets, bankruptcy has been filed, a restructuring permit has been filed, a restructuring has been approved or another petition has been filed to initiate another similar procedure that the lessee has deemed to be justified, or if the subtenant this is
in accordance with the relevant Slovak or foreign generally binding legal provisions in the event of bankruptcy; or
c) if the sub-tenant uses the PL in a manner other than the normal use method according to this VPOL, as a result of which the tenant has suffered damage or the tenant is at risk of suffering damage; or
d) if the subtenant does not accept a change in the amount of the individual payments, their due date or their structure in accordance with section 5.6 of this VPOL or if the subtenant expresses his refusal to change the VPOL in accordance with section 14.1 of this VPOL; or
e) in the event of the death of the sub-tenant or if the sub-tenant has decided to dissolve with or without liquidation, to change the legal form, to buy, sell or lease the company or its part, or to reduce the share capital Changes in the composition of their legal entities, or in any other matter that, at the discretion of the lessee, could significantly affect the solvency of the subtenant; or
f) if the functioning of the sub-tenant, its organizational unit or other property has changed significantly, which at the discretion of the tenant could significantly affect the solvency of the sub-tenant, in particular the initiation of legal, arbitration or similar proceedings or administrative proceedings against the sub-tenant ; or
g) if the sub-tenant’s registered office is relocated outside the territory of the Slovak Republic, or
h) if PL has committed a criminal offense or if the prosecution of the sub-tenant or a legal entity or a member of the legal entity of the sub-tenant is threatened or has already started ; or
i) if the subtenant has provided the tenant or another person with false, incomplete or untrue data, including data on his economic and financial situation or activity, or hidden facts or circumstances at the time the ZOL was concluded or in connection with its conclusion, under which the tenant would not do so with Subtenant ZOL or ZOL.

7.2.3 In the event of a withdrawal from one of the contracting parties from ZOL, the lessee has the right to the subtenant to pay all lease payments, fees and costs agreed at the time of termination of ZOL, including interest on arrears, contractual penalties or damages (hereinafter) “). At the same time, the lessee is entitled, at his own discretion, to collect debt either alone or through a third party, while the subtenant is obliged to reimburse the lessee for all costs associated with the cancellation of the debt, including the accessories for these claims and collection costs. The right to compensation for damages remains unaffected by this provision. The tenant is therefore entitled toto assert his right to compensation for all damages and all costs incurred by ZOL’s withdrawal in addition to the above claims against the subtenant.
7.2.4   If the lessee and the sub-tenant have completed more than one ZOL and there is a reason for early termination of one of these ZOLs in accordance with these VPOLs, the lessee and the sub-tenant are entitled, at their own discretion, to terminate the contract early by submitting one or all of them ZOLs resign.
7.2.5  In the event of total damage to PL, ZOL will be terminated prematurely on the day on which the total damage to PL occurred, while the sub-tenant’s obligation to pay lease payments will expire on the day of delivery of the insurance company’s decision regarding the total damage to PL to the tenant . The lessee is obliged to credit the sub-lessee with all payments made, which are due from the day on which the total damage to the PL occurred to the day on which the lessee received a decision from the insurance company concerned regarding the total damage to the PL Has.
7.2.6 In the event of the theft of PL, the ZOL will be terminated prematurely on the day on which the sub-tenant is reported to have reported the theft of PL to the relevant department of PZ SR, while the sub-tenant’s payment obligation expires on the day on which the tenant receives one Decision in accordance with the Code of Criminal Procedure. active in criminal proceedings to initiate criminal proceedings. The tenant is obliged to credit the sub-tenant with all payments made, which are due from the day on which the sub-tenant can be proven to have reported the theft of PL to the competent police department of the Slovak Republic until the day on which the tenant receives one Decision of a criminal body according to the Code of Criminal Procedure. Proceedings for initiating criminal proceedings.If the stolen PL is found by the competent authorities in favor of the tenant and seized before the decision of the body involved in criminal proceedings to initiate criminal proceedings against the tenant is made, there is an irrefutable legal presumption that the relevant termination of the relevant ZOL has not taken place , and the tenant, unless otherwise agreed in writing.
7.3 Return of PL
7.3.1   When the lease expires, when the total mileage limit is reached and when ZOL ends prematurely, the sub-tenant is obliged to return PL to the tenant immediately, but no later than 3 working days from the day on which one of the facts occurred . referred to in this point VPOL; This does not apply in the event of total damage to the PL and also in the event of theft of the PL.
7.3.2 The subtenant is obliged to return the PL to the tenant at a previously agreed location. If the place of return of the PL has not been agreed in advance, the subtenant is obliged to return the PL to the place specified in writing by the tenant, and if the place of return PL was not even specified in writing by the tenant. . The subtenant bears the risk of damage to the PL until the PL is properly returned to the tenant.
7.3.3 The subtenant is obliged to return the PL to the tenant in the condition in which it was taken over, taking into account the wear and tear of the PL caused by normal use of the PL, its age and the number of kilometers traveled . The subtenant is obliged to send the PL back to the tenant with complete accessories, technical documentation or the user folder that the subtenant has received from the tenant. In particular, the sub-tenant is obliged to hand over the keys of the PL, the keys of the mechanical security device or the tenant to the tenant. electronic security system PL, remote control of the lock or other devices, car radio, including removable security board, service book, fuel card,Auxiliary card and storage sheet for tire storage.
7.3.4  All costs incurred by the tenant if he does not submit all the PL accessories, the technical documentation or the user folder, the tenant is entitled to invoice the subtenant and include this in the final declaration. The subtenant is obliged to hand over PL clean and cleaned interior. If this obligation is not met, the tenant is entitled to charge the sub-tenant for all costs for cleaning PL or its interior and to include this in the final declaration.

7.3.5   After returning the PL, the tenant checks its condition. The sub-tenant is liable for excessive wear and tear on the PL as well as for any defects and damage that the PL has at the time of this inspection and which the sub-tenant has not properly reported or remedied in accordance with this VPOL, even if these defects or damage to the PL are present after this test has been carried out. The lessee is entitled to charge the sub-lessee all costs for the removal of these defects and damages to PL and to include them in the final declaration.
7.3.6 The tenant and the subtenant confirm the return of the PL by signing the protocol on the return of the PL, while by signing this protocol by the tenant and the subtenant the PL is deemed to be properly returned to the tenant. The PL return report must indicate excessive wear and tear on the PL, as well as any defects and damage found during the PL condition check, missing PL accessories, technical documentation or user folder, mileage and date of signing the PL return report.
7.3.7 If the PL is not returned to the sub-tenant within the period specified in number 7.3.1 of this VPOL, the tenant is entitled without the prior consent of the sub-tenant himself or by a person authorized or authorized by the tenant or prohibits its further use to the deemed by him Wise. suitable. In this case, the sub-tenant is obliged to grant the tenant or a person authorized or authorized by the tenant unrestricted access to the PL and also to tolerate its possible removal or other measures that are necessary to allow the sub-tenant to continue using the PL prevent.The subtenant hereby also grants the tenant or a person authorized or authorized by the tenant express consent to access to the PL and to overcome obstacles that prevent access to the location where it is located, even if the PL is located construction site or another location that is used by the subtenant due to legal facts. For this purpose, the landlord or a person authorized or authorized by the tenant is authorized to enter and inspect the premises of the registered office, the place of business and the place of residence of the subtenant. The subtenant undertakes to reimburse the tenant or a person authorized or authorized by the tenant for all costs associated with securing PL,its removal or professional disassembly, transportation, guarding, storage, etc. If the landlord or a person authorized or authorized by the tenant carries out the PL control or revocation of the PL and exercises the right of access to the PL, the subtenant is obliged to provide the cooperation requested by the landlord or the person authorized or authorized by the tenant If the PL is on a property, building or other place where the sub-tenant has no property or other right of use, and as a result the tenant or the person authorized or authorized by the tenant has access to the PL, the sub-tenant is obliged to grant access to the tenant or the authorized person. authorized or authorized by the tenant,to access the PL at the latest on the next working day. In the event of non-fulfillment of an obligation under this point, the tenant is entitled to demand a contractual penalty of 10% of the leasing rate agreed according to the ZOL. The non-fulfillment of the obligation is deemed to have occurred if the sub-tenant has not fulfilled his obligation in the relevant period. for which he is obliged to pay the lease payment. The right to compensation for damages remains unaffected by this provision. The tenant is therefore entitled to claim from the subtenant, in addition to the right to payment of a contractual penalty, compensation for all damages and all costs that the tenant or a third party authorized or authorized by the tenant Person to access PL have arisen. this point VPOL,even if the amount of the damage exceeds the amount of the contractual penalty. In this case, the contractual penalty does not serve as a lump sum compensation if the amount of the damage exceeds the contractual penalty. In this case, the contractual penalty does not serve as a lump sum compensation if the amount of the damage exceeds the contractual penalty. In this case, the contractual penalty does not serve as a lump sum compensation.In this case, the contractual penalty does not serve as a lump sum compensation.In this case, the contractual penalty does not serve as a lump sum compensation.

8. Final settlement

8.1 Final settlement means a mutual financial settlement between the tenant and the subtenant, which can only be carried out by the tenant after the relevant ZOL has ended prematurely (hereinafter referred to as the “final declaration”). In the event of total damage to PL, the final declaration can only be submitted at a time when the amount of the insurance benefits provided by the insurance company concerned is known. In other cases, the tenant has to make the final settlement within a reasonable period after the early termination of the ZOL. If the result of the final declaration is a backlog of the subtenant, the subtenant is obliged toto pay this arrears to the tenant at the latest on the due date specified on the invoice issued by the tenant.
a) If the provision of the service replacement vehicle in ZOL has been agreed, all amounts paid in individual payments to the subtenant for this service and the actual costs of the lessee for the provision of this service will be paid.

 

C. FINAL

9. CONFIDENTIAL INFORMATION AND PROTECTION OF PERSONAL DATA

9.1 Confidential information
9.1.1 The   lessee undertakes to treat the confidential information in accordance with the generally binding legal provisions and to maintain the confidentiality of the confidential information even after the contractual relationship between the lessee and the subtenant has ended.

9.1.2 The   lessee is only entitled to pass on confidential information to third parties if, to the extent and under the following conditions:
a) this is specified in generally binding legal provisions or in valid decisions by judicial and other administrative authorities,
b) in this VPOL or in other contracts agreed between these tenants and sub-tenants,
c) stated in the written consent given by the tenants to the tenant.

9.2 Consent to provide confidential information to the tenant

9.2.1 The   sub-tenant agrees that the tenant will pass on confidential information to third parties through which he will provide the sub-tenant with the related services to the agreed extent, as well as to other third parties with whom the tenant works (e.g. insurers, with whom he works in PL insurance). with whom it cooperates in recovering its claims against sub-tenants, etc., provided that these third parties are able to ensure that confidential information is protected against misuse.

9.2.2 The   sub-tenant agrees that the tenant shall provide a tenant to whom the tenant has a written authorization to enforce these obligations to provide information and documents on the non-fulfillment of his obligations towards the tenant if the sub-tenant provides his Obligations towards the tenant not properly and timely fulfilled.
9.2.3 The   sub-lessee agrees that the lessee will pass on confidential information to third parties to whom the lessee has entrusted the fulfillment of his legal or contractual obligations, as well as to third parties to whom he has given written authorization to represent in court and out-of-court proceedings .
9.2.4 The  The subtenant agrees that the tenant provides confidential information to a third party with whom he negotiates the assignment of the tenant’s claims against the subtenant or the assumption of the tenant’s obligation towards the subtenant.
9.2.5  The subtenant agrees that the tenant is entitled to submit all documents relating to contractual relationships between the tenant and the subtenant to the third party for the purpose of managing the tenant’s registration documents, including contracts, documents relating to contracts and Records of communication between the tenant and the subtenant.
9.3   Protection of the confidentiality of information towards subtenants
9.3.1  The subtenant is responsible for maintaining the confidentiality of the information received in connection with the contractual relationship between him and the tenant. The subtenant is therefore not entitled to pass on such information to third parties without the prior written consent of the tenant, unless the disclosure of this information is required by law or a binding decision or instruction from the responsible authority is required by law.

10. NOTICE AND DELIVERY

10.1   Documents, notices, instructions and invitations from the tenant and the subtenant are delivered
a) in person,
b) by post,
c) via electronic communication media (fax, email or other electronic medium).

10.2 Documents, notices, instructions and invitations are deemed to have been delivered:
a) in the case of personal delivery at the time of notification / delivery of the shipment,
b) when ordinary mail items are sent in the country on the third day after dispatch and abroad on the seventh day after dispatch
c ) Registered item during shipping:
i. on the day of receipt, but no later than the day of the end of the payment period at Swiss Post,
ii. the date of refusal of acceptance of the registered item by the recipient,
iii. the date of return of the shipment if the registered shipment is sent back to the sender with the message “addressee unknown”,
d) when sending by fax by receiving a confirmation of the complete sending of the message that prints the sender’s fax,
e) when sending by email by sending a message, unless the email administrator does not consider the impossibility of delivery of the message announces
10.3 The   withdrawal of ZOL takes place by post – by sending a registered article or in person with confirmation of acceptance / refusal of acceptance by the other contracting party.

10.4 The   subtenant is obliged to provide the tenant with the address, telephone, fax and other electronic means to which the tenant will send or notify all documents and notifications, and to inform the tenant immediately of any change to this information. In the event that the subtenant does not provide this information to the tenant, delivery and notification to the last known address or to the last known number of the means of telecommunications is deemed to have been carried out correctly.

10.5 The   subtenant is obliged to prepare the notification, request or another document in accordance with point 10 of this VPOL so that this document is clear, understandable, correct and correct. In the case of delivery in writing, the document must also be dated and signed by the subtenant or the authorized person. The tenant is not obliged to check the accuracy, correctness or completeness of the data specified by the subtenant in the document in accordance with the previous sentence.
10.6 The   lessee is entitled, at his own discretion, to request the official authentication of copies of the original document that the subtenant has presented to the lessee.
10.7 The lessee is entitled to demand that the subtenant, after submitting a document in a language other than Slovak, provide the lessee with a Slovak translation of this document with an expert clause, which was obtained at the expense of the subtenant. In this case, the tenant only uses the relevant Slovak translation and is not obliged to check whether this translation corresponds to the original version.

11. RENTAL’S RESPONSIBILITY

11.1 The   lessee is only liable for damage caused by him. The principle of the tenant’s strict liability is excluded for commercial and legal relationships. In the event of the lessee’s obligation to compensate the subtenant for damage,
11.2 The lessee is not liable for damage caused by acts or omissions by domestic or foreign authorities or courts, refusal or late issuance of the necessary permits by the authorities, force majeure, insurrection, revolution, unrest, war or natural disasters or other events that occur outside are under the control of the lessee (e.g. market failures, strikes, lockouts or other circumstances beyond the control of the lessee). The tenant is not liable for damage caused by the non-functioning of telecommunication services made available to the tenant by third parties. In addition, the lessee is not liable for damage caused by events under the control of the subtenant or by events for which the subtenant is responsible.that arise due to a violation or a delay in fulfilling an obligation of the sub-tenant towards the tenant.

12. RENTAL’S LIABILITY AND DAMAGE

12.1 The   subtenant is liable for damage caused to the tenant by violation of an obligation resulting from the contractual relationship regulated in this VPOL, in ZOL and the general binding legal provisions, unless he can prove that the violation of obligations by Circumstances have been created that exclude liability.
12.2 The   subtenant undertakes to immediately compensate the tenant for all damage incurred upon written request.
12.3 The   sub-tenant is also obliged to fully compensate the tenant for the damage caused to the PL by deliberate or negligent behavior on the part of the sub-lessee or a third party.
12.4 The subtenant is obliged to compensate the tenant for both the actual damage and the loss of profit. The actual damage is represented by the monetary property damage, which is the reduction in the tenant’s existing property and the property values ​​that the tenant had to spend to restore PL or the previous state. to compensate for the consequences of returning the PL to its previous state, which was not well possible or appropriate. The lost profit represents a property damage expressed in money, which consists in the fact that the tenant’s property values ​​have not been reproduced, which was reasonably to be expected in view of the normal process.The tenant individually quantifies the actual damage and the loss of profit depending on the individual case.
12.5 The   subtenant is obliged to compensate the tenant for the money damage.

13. COUNT

13.1 The   tenant is entitled at any time to set off his claims against the sub-tenant against claims of the sub-tenant against the tenant. The tenant is also entitled to set off such claims against the sub-tenant that are not due or expired.
13.2 The   lessee is also entitled to offset claims in different currencies after conversion at the exchange rate determined by the Slovak National Bank or the European Central Bank at the time of the offset.

14. GENERAL AND FINAL PROVISIONS

14.1 These VPOLs are an integral part of the ZOL concluded between the tenant and the subtenant. The tenant is entitled to change or add to these VPOLs at any time in connection with the development of the legal and business environment. The current wording of the VPOL is determined by the tenant through its publication on the tenant’s website (www.easycars.sk). The subtenant is entitled to express his refusal to change or amend the VPOL by giving written notice to the tenant within 15 days of the day on which the wording of the VPOL was determined by the publication. If this is not the case, the changes to the VPOL will take effect on the date specified in the VPOL. To avoid doubt,the execution of a payment by the sub-tenant in favor of the tenant or the execution of an act by which the sub-tenant continues to use the PL in the form of an operating lease or for the use of related services, if this payment or an act after the date specified in the VPOL of the entry into force, the subtenant has taken note of all changes to VPOL and agrees to these changes by VPOL and undertakes to comply with them. If the subtenant expresses his refusal within 15 days after publication of the VPOL by means of a written notice to the tenant and no agreement is reached between the tenant and the subtenant, the original wording of the VPOL remains in force for the contracting parties.
14.2 The   sub-tenant is obliged to submit annual accounts to the tenant on written request. If the sub-tenant is subject to the statutory obligation to audit annual accounts, he is obliged to submit to the tenant an audited annual report.
14.3   During the term of ZOL, the sub-tenant is obliged at all times to provide him or her with a document on his establishment and legal existence (a document proving legal personality) or to prove his identity.
14.4 The subtenant is obliged to inform the tenant in writing at the conclusion and during the duration of the ZOL about the facts that would lead to the subtenant being protected against money laundering and protection against financing as politically exposed person is viewed as modified terrorism. If the sub-tenant does not inform the tenant of the facts according to this point of the VPOL, the tenant considers the sub-tenant as a person who is not a politically exposed person.
14.5 The   tenant and the subtenant are obliged to take all necessary measures to prevent the occurrence of damage to the PL on the day of the proper or premature termination of ZOL.
14.6 The tenant and the sub-tenant hereby expressly agree that the mutual rights and obligations between the tenant and the sub-tenant also apply after termination of ZOL or another contract in connection with ZOL or this VPOL in accordance with these VPOL, provided the tenant and the sub-tenant have not agreed otherwise in writing. .
14.7   If ZOL, VPOL or any other agreement regarding ZOL or this VPOL is concluded between the lessee and the sub-lessee in Slovak language and in another language, the Slovak version of the document is decisive.
14.8 The lessee and the subtenant have agreed that all their rights and obligations arising from ZOL, these VPOL and all other contracts in connection with ZOL or with these VPOL, unless expressly provided for in the corresponding document, are subject to the law of the Slovak Republic. in particular the relevant provisions of Law No. 513/1991 Coll. Commercial code as amended.
14.9 The   lessee and the subtenant have agreed that the courts of the Slovak Republic are responsible for resolving disputes arising from ZOL, this VPOL and other contracts related to or with ZOL or with these VPOL, and the applicable law is the law the Slovak Republic.
14.10 If a provision of the ZOL or this VPOL or another contract in connection with the ZOL or this VPOL becomes invalid or unenforceable, this has no effect on the validity or enforceability of other provisions of the ZOL, this VPOL or another contract in connection with the ZOL or this VPOL. . In this case, the parties have undertaken to replace the invalid or unenforceable provisions with valid and enforceable provisions that have as narrow a legal meaning and effect as the provision to be replaced.
14.11  Unless otherwise agreed in writing by the tenant and the subtenant, all contracts concluded in writing between the tenant and the subtenant can only be changed or supplemented in writing, and this change must be signed by both contracting parties.
14.12  The subtenant expressly agrees that the tenant is entitled to assign the rights and obligations arising from these VPOL and ZOL to third parties. The assignment of rights and obligations becomes effective at the time a written contract is concluded between the tenant and a third party. The tenant undertakes to inform the subtenant in writing of the assignment of rights and obligations.
14.13 The  The tenant is entitled to assign the claims from these VPOL and ZOL to a third party by written contract without the prior consent of the subtenant. The tenant undertakes to inform the subtenant in writing of the assignment of the claim.
14.14   The VPOL come into force on 06/05/2018.

 

Complaint order

  1. scope of application

    1.1  This complaint procedure regulates the complaint procedure between
    EasyCars Slovakia, sr o, which can be represented by the contractual sellers of the
    company (hereinafter referred to as “supplier”) and the end customer (hereinafter referred to as “customer”).
    The complaints procedure regulates the complaints procedure in accordance with Section 18 (1) of Act No.
    250/2007 on Consumer Protection, Civil Code No. 401/1964 Coll. ,
    Commercial Code – Law No. 513/1991 Coll. (all mentioned laws in the
    amended version) as well as other generally binding legal
    provisions of the Slovak Republic. Complaints will be made during the opening hours of the
    Processed operating in which the service was performed. Complaints are also processed by the customer center at
    info@easycars.sk on telephone number 00421 915 626 979.
    1.2 The  complaints procedure applies to all of the supplier’s services that are provided to the
    customer.

  2. Service certificate (car rental)

    2.1 The  supplier is obliged to provide the customer with a document stating the provision of the service, stating the following
    :
    a) company name, identification number and registered office of the supplier,
    b) company address,
    c) date of service
    provision, d) identification of the service,
    e ) Service price and total price paid by the customer.
    2.2  If a service is sold with a later delivery, the document must contain the destination, the
    date and the time of delivery.

  3. Complaints procedure

    3.1 The  supplier is obliged to properly
    inform the customer of the conditions and method of the complaint, including information on where the complaint can be submitted.
    3.2 The  supplier is obliged to accept a complaint in any process in which it is possible to accept a
    complaint regarding the services provided and the contractual terms (they are part of
    every vehicle rental contract or are published on the supplier’s website).
    Every customer should be
    familiar with the specific terms and conditions at the latest when signing the rental car contract to avoid possible misunderstandings.
    3.3 The Contractor or an employee authorized by him or another designated person is
    obliged to process the complaint immediately if, due to the
    complexity of the complaint, this is not possible within a maximum of 30 days. This period does not include the time
    required for a professional assessment of the defect in the provision of the service. After the maximum period
    for settling the complaint, the supplier has the same rights as if it were a defect that
    cannot be remedied.

    3.4 The  supplier is obliged to
    issue a confirmation of receipt of the complaint to the customer .
    3.5 The  supplier is obliged to
    issue a written document on the processing of the complaint no later than 30 days after the date of the complaint.
    3.6 The  supplier is obliged to make complaints and to
    submit them at the request of the supervisory authority. The log of the complaint must contain data on the date of the
    complaint, the date and how the complaint was processed.

  4. Submit a complaint

    The customer’s rights arising from liability for defects in the provision of the service to the supplier can
    only be exercised  during the period of the provision of the service (rental of the vehicle), but no later than
    three working days after the provision of the service (expiry of the rental period)  .

  5. Complaint handling procedures

    5.1 The  customer is obliged to submit the following documents in the event of complaints:

    • Proof of performance (rental contract),
    • written declaration of all defects,
    • Proposal to resolve the complaint,
    • Compensation claim.

    5.2 The  supplier provides the consumer with proof of the complaint. The document must
    contain:

    • the date of the complaint,
    • alleged defects,
    • Proposal to resolve a customer complaint.

    This information can be provided in a written complaint from the customer.

    5.3  Complaints can always be submitted if the service provided is not essential
    (the car rental was not carried out) or defects occurred during the provision of the service (vehicle rental
    ).

  6. Method of deciding on a complaint.

    On the basis of a qualified assessment of the defect, the authorized employee of the supplier decides
    on the method of resolving the complaint.

  7. Complaints handling

    7.1  The time for settling a complaint can be max. 30 days, provided all
    conditions resulting from these complaints rules are met.
    7.2 The  supplier is entitled to reject an incomplete or incorrectly submitted complaint and
    to return it to the customer for completion in accordance with STN ISO 10002. The rejection has no influence on the
    time limit for processing the complaint. The
    deadline for settling the complaint will be interrupted until the complaint is submitted again .
    7.3  Complaints can be resolved: by a discount on the price of the service, by a refund or by
    Rejection by the supplier. Complaints about services at the contractual sellers of the
    supplier can be submitted in accordance with § 436 ff. Provisions of the Commercial Code.
    7.4 If the complaint submitted by the customer does not meet the conditions of the complaint procedure,
    the complaint of the supplier is settled in accordance with these complaint
    rules and the relevant generally binding legal provisions, so that his
    legal rights are not impaired.
    7.5  Complaints will not be accepted if the supplier can reliably demonstrate that the
    claimed defect is not his fault and the supplier is
    could not prevent in any way, since the defect was caused by another unpredictable fact.
    7.6  In the event of an unjustified complaint, the costs associated with resolving the complaint can be
    claimed against the customer.

June 5, 2018