1. SUBJECT OF THE AGREEMENT
1.1. Under this Agreement, the Lessor undertakes to provide the Lessee with the vehicle specified in Annex No. 1 to this Agreement, “Acceptance-Transfer Act”, for temporary possession and use for the rental fee specified in the “Acceptance-Transfer Act”, and the Lessee undertakes to use the vehicle in accordance with the terms and procedures established in this Agreement, to pay the vehicle rental fee, and to fulfil other obligations assumed under this Agreement. If the vehicle is returned earlier than specified in the “Acceptance-Transfer Act”, the rental fee shall not be refunded.
1.2. When providing the services specified in Clause 1.1 of this Agreement, the Lessor shall also provide vehicle maintenance services, compulsory motor third-party liability insurance and comprehensive (CASCO) insurance services, summer and winter tyres for the vehicle, as well as tyre replacement services.
1.3. The Lessee shall use the vehicle solely for their personal needs.
2. VEHICLE ACCEPTANCE AND RETURN
2.1. Upon accepting the vehicle, the Lessee must present the Lessor with a valid identity document and a valid driving licence entitling the Lessee to drive the vehicle.
2.2. The Lessor shall hand over the vehicle to the Lessee at the location specified by the Lessor. For an additional fee, the Lessor may hand over the vehicle to the Lessee at another location agreed with the Lessee. Ar jums patinka ši asmenybė?
2.3. The Lessee must accept the vehicle during the Lessor’s business hours. The Lessor’s business hours on working days are from 08:00 to 17:00 (hereinafter referred to as the “Business Hours”). Outside the Lessor’s Business Hours, the vehicle shall be handed over for an additional fee of EUR 30.
2.4. Together with the vehicle, the Lessor shall provide the Lessee with the vehicle ignition key, the vehicle registration certificate, the mandatory technical inspection document, and the compulsory motor third-party liability insurance certificate.
2.5. The Lessor shall hand over the vehicle to the Lessee with a full fuel tank, unless otherwise agreed.
2.6. Before starting to use the vehicle, the Lessee undertakes to inspect the vehicle and, upon determining that there are obvious externally visible damages to the vehicle or that any of the documents specified in Clause 2.4 of this Agreement or other vehicle accessories (a spare wheel (if a designated space for it is provided in the vehicle), a first-aid kit, a reflective vest, etc.) are missing, undertakes to immediately notify the Lessor thereof and to indicate such deficiencies in writing in the vehicle “Acceptance-Transfer Act”.
2.7. By signing the vehicle acceptance and handover certificate without noting any defects, the Lessee confirms that the vehicle was received in proper working order and good technical condition, together with all additional accessories, including those specified in Clause 2.4 of the Agreement. Any defects or damage not indicated in the vehicle acceptance and handover certificate shall be deemed to have occurred during the Lessee’s period of use of the vehicle and shall be the responsibility of the Lessee.
2.8. The Lessee must return the vehicle to the Lessor at the Lessor’s business address: Dubijos St. 30A, Šiauliai. For an additional fee, the Lessee may return the vehicle to the Lessor at another location.
2.9. The Lessee must return the vehicle during the Lessor’s Business Hours. For an additional fee of EUR 30, the Lessee may return the vehicle to the Lessor outside the Business Hours.
2.10. The Lessee must return the vehicle to the Lessor with a full fuel tank, unless otherwise agreed. The Lessee must return the vehicle with a clean interior and exterior; otherwise, an interior cleaning fee of EUR 20 and a washing fee of EUR 20 shall be charged.
2.11. The Lessee must return the vehicle to the Lessor in no worse condition than that in which the Lessee received it, taking into account normal wear and tear. Abnormal wear and tear shall include:
2.11.1. Broken, deformed, or otherwise damaged parts.
2.11.2. Cracks, dents, scratches, or deformed trim strips.
2.11.3. Wear of the paint coating resulting from intensive vehicle washing or cleaning.
2.11.4. Poorly performed repairs and/or defects resulting from such repairs.
2.11.5. Cracks to lights, panels, or instrument panels.
2.11.6. Burned, torn, stained, or otherwise damaged passenger compartment or vehicle interior components.
2.12. At the Lessee’s request, the Lessor shall have the right to reserve the vehicle for the Lessee. If the Lessee is more than 2 (two) hours late in accepting the vehicle, the Lessor shall have the right to cancel the reservation without prior notice to the Lessee.
3. USE OF THE VEHICLE
3.1. The Lessee (the driver of the vehicle) must hold a valid driving licence entitling them to drive the vehicle and comply with all other requirements applicable to drivers under applicable laws and regulations. If the Lessee is a legal entity, the above requirements must be met by its employee who drives the vehicle in accordance with the terms of the Agreement.
3.2. The Lessee is prohibited from:
3.2.1. Drive the vehicle while under the influence of alcohol (with a blood alcohol level exceeding 0.00‰) or under the influence of narcotic, psychotropic, or other psychoactive substances.
3.2.2. Drive the vehicle without having the legal right to do so, while the right to drive has been suspended or revoked, or where the driving licence held does not entitle the Lessee to drive a vehicle of the relevant category.
3.2.3. The Lessee must not drive while ill or fatigued if this could endanger road safety or the vehicle.
3.2.4. Smoking is prohibited in the Lessor’s vehicles provided to the Lessee.
3.2.5. Allow another person to drive the vehicle without the Lessor’s consent. With the Lessor’s consent, the Lessee may, in accordance with the terms of the Agreement, transfer the vehicle to or permit it to be driven only by a person who meets all the requirements applicable to the vehicle driver as specified in the Agreement.
3.2.6. Without the Lessor’s consent, the Lessee must not sublet the vehicle or transfer it to third parties on any other basis.
3.2.7. Animals must not be transported in the vehicle unless kept in specially adapted carriers that ensure the vehicle remains clean.
3.2.8. The Lessee must not leave the vehicle unattended while unlocked or with the windows or sunroof open.
3.2.9. The Lessee must not operate the vehicle when its participation in road traffic is restricted.
3.2.10. Use the vehicle:
3.2.10.1. The Lessee must not use the vehicle to carry passengers for payment.
3.2.10.2. The Lessee must not use the vehicle provided for driving instruction.
3.2.10.3. The Lessee must not use the vehicle to tow other vehicles or trailers.
3.2.10.4. The Lessee must not use the vehicle to commit criminal acts or administrative offences.
3.2.10.5. The Lessee must not use the vehicle in motor races, sporting events, or other events where road safety requirements or traffic rules are not observed.
3.2.10.6. The Lessee must not drive the vehicle through water, on frozen bodies of water, off-road, on beaches, or on surfaces unsuitable for vehicle traffic.
3.2.10.7. The Lessee must not use the vehicle to transport flammable liquids and substances, explosives, or items whose transportation, possession, or use is prohibited by the laws of the Republic of Lithuania or the country where the vehicle is located.
3.2.10.8. The Lessee must not use the vehicle to carry heavy loads.
3.3. The Lessee must:
3.3.1. The Lessee shall and undertakes to use the vehicle with the care of a prudent owner (attentively, carefully, and cautiously), in accordance with its intended purpose, the requirements and recommendations of the manufacturer and the Lessor, and the provisions of this Agreement, and to ensure its security throughout the rental period.
3.3.2. The Lessee shall and undertakes to use the vehicle in compliance with applicable Road Traffic Rules and the prohibitions laid down in the Criminal Code and the Code of Administrative Offences of the Republic of Lithuania. When using the vehicle abroad as permitted by this Agreement, the Lessee shall comply with that country’s traffic rules and applicable prohibitions.
3.3.3. If the vehicle breaks down, a dashboard warning light comes on, suspicious unusual sounds are heard, or a traffic accident occurs, the Lessee shall immediately notify the Lessor on +37068504545 or +37062128301, refrain from operating the vehicle without the Lessor’s consent, and follow the Lessor’s instructions.
3.3.4. If any circumstances arise that may affect proper performance of the Lessee’s obligations under this Agreement, a traffic accident occurs, or any circumstances cause or may cause damage to the vehicle, the Lessee shall immediately notify the Lessor on +37068504545 or +37062128301, refrain from operating the vehicle without the Lessor’s consent, and follow the Lessor’s instructions. The Lessee shall also notify the appropriate emergency services if the incident falls within their remit and explain the circumstances in detail.
3.3.5. Whenever refuelling the vehicle, the Lessee shall ensure that the fuel is suitable for the rented vehicle. Before using the vehicle, the Lessee shall check the oil, coolant, and windscreen washer fluid levels and tyre pressure, ensure that the vehicle is operated only when the required minimum levels and pressure are met, and inspect both the interior and exterior for possible damage.
3.3.6. The Lessee shall arrange for the vehicle to be serviced, maintained, and repaired by the Lessor or at a service centre designated by the Lessor.
3.3.7. When using the vehicle, the Lessee shall comply with the insurance rules, instructions, and requirements established by the vehicle’s insurer.
3.3.8. Comply with the provisions of the Agreement.
3.4. If the Lessee is a natural person, the vehicle may be driven only by the Lessee and other persons listed in the Agreement. If the Lessee is a legal entity, the vehicle may be driven by its employee who meets the requirements specified in the Agreement. The Lessee and the person to whom the Lessee has entrusted the vehicle shall be jointly and severally liable to the Lessor.
3.5. While using the vehicle, the Lessee shall at its own expense refuel it, clean the exterior and interior, replenish windscreen washer fluid, pay road tolls, access and parking charges, and cover all other running expenses.
3.6. If the Lessor receives a notice concerning an unpaid road toll, the Lessee undertakes and agrees to reimburse the Lessor’s expenses.
3.7. For an additional fee, the Lessor may provide a vehicle rental service with a driver.
3.8. The Lessee shall not drive the vehicle more than 400 km per day. Mileage is calculated over the total rental period, with a maximum of 6000 km per month. Each additional 100 km is charged at EUR 20.00 (twenty euros and 00 cents).
3.9. Unless otherwise agreed, the vehicle may be used only within the European Union, excluding Great Britain.
4. PAYMENT FOR SERVICES
4.1. The vehicle rental fee, including VAT, is specified in the “Acceptance-Transfer Act”.
4.2. For short-term vehicle rental, the Lessee shall pay the entire rental fee when signing this Agreement.
4.3. For long-term rental, before handing over the vehicle, the Lessor may require the Lessee to make an advance payment, which shall be credited towards the rental fee. The advance amount is specified in the pro forma invoice provided by the Lessor.
4.4. In the case of long-term rental, the Lessee undertakes to pay the rental fee by the 10th day of each month.
4.5. The vehicle rental fee includes the charge for renting the vehicle, motor third-party liability and comprehensive insurance (CASCO), and vehicle servicing.
4.6. All amounts payable under this Agreement shall be paid in euros (EUR) by bank transfer to the Lessor’s bank account against a pro forma invoice. The payment date shall be the date when the payment is credited to the Lessor’s bank account or an accounting document confirming receipt of cash is issued.
4.7. The Lessee agrees that invoices issued by the Lessor under this Agreement may be in paper or electronic form. Electronic invoices sent by the Lessor to the Lessee’s email address specified in this Agreement shall be deemed duly delivered on the next working day after dispatch.
4.8. If VAT changes in accordance with the legislation applicable on the invoice date (the VAT rate in force on the date of this Agreement is 21% (twenty-one percent)), the price of the Services shall be recalculated using the new applicable VAT rate in force when the obligation to calculate VAT arises.
4.9. Without the Lessor’s prior written consent, the Lessee may not set off or deduct any amounts from the rental fee or other amounts payable to the Lessor.
5. SECURITY DEPOSIT
5.1. The Lessor may require the Lessee to pay a security deposit to secure proper performance of the Lessee’s obligations under this Agreement. The deposit shall be returned within 1 (one) working day after the vehicle is returned to the Lessor, or at the time of return, less contractual penalties, losses, and any damage suffered by the Lessor due to improper performance of the Lessee’s obligations. The Parties agree that if this Agreement is terminated due to the Lessee’s fault before the rental period expires, the unused portion of the deposit shall be treated as a contractual penalty and shall not be refunded. Retention of the unused portion does not release the Lessee from the obligation to compensate the Lessor for losses exceeding the retained deposit.
5.2. The security deposit amount is specified in the vehicle’s “Acceptance-Transfer Act”.
5.3. The Lessor is not required to pay interest on the security deposit.
6. LIABILITY
6.1. The Lessee is fully responsible for the vehicle from handover to the Lessee until proper return to the Lessor. The Lessee also bears liability as the person in control of the vehicle as a source of increased danger.
6.2. If, from the time the vehicle is handed over to the Lessee until its proper return to the Lessor, the vehicle is confiscated, damaged, destroyed, stolen, or otherwise lost without the Lessor’s consent, the Lessee undertakes to inform the Lessor within 1 day of the event. Failure to do so shall render the Lessee liable for the full amount of the resulting damage. The Lessee undertakes to compensate the Lessor for any damage not covered by the vehicle insurer and, in the event of an uninsured incident, to compensate the Lessor for the full amount of the damage suffered, as well as to pay the rental fee for the entire period of use of the vehicle. In the above cases, other legal consequences provided for in the Agreement shall also apply (contractual penalties, compensation for losses, etc.).
6.3. If an insured event occurs and the insurer applies an unconditional deductible (excess), or if the damage does not exceed that deductible, the Lessee shall reimburse the Lessor’s expenses accordingly by paying the EUR 800 deductible (excess) or compensating the Lessor for the damage caused.
6.4. If, when returned to the Lessor, the vehicle’s interior and/or exterior is dirtier than would result from normal use, the Lessee shall, pay a penalty of EUR 50. If the vehicle-related expenses exceed this penalty or the dirt cannot be removed by ordinary means, the Lessee shall reimburse all losses incurred by the Lessor, including replacement of parts or materials where necessary.
6.5. The Lessee shall be liable for all violations of applicable laws committed from the time the vehicle is handed over to the Lessee until its proper return to the Lessor. If the Lessor pays any fines or charges on behalf of the Lessee or as a result of the Lessee’s fault, the Lessee undertakes to reimburse the Lessor for such expenses. For any violation of law committed while using the vehicle during the rental period, the Lessee shall pay the Lessor a penalty of EUR 50 for each violation. If the Lessee exceeds the permitted speed limit by more than 30 (thirty) kilometres per hour while using the vehicle, the Lessee shall pay the Lessor a penalty of EUR 50 for each such violation.
6.6. If the Lessee misses the payment deadline for any amount due under this Agreement, it shall pay the Lessor late-payment interest of 0.02% of the overdue amount for each day of delay.
6.7.1. If the Lessee loses or damages the vehicle’s ignition key, registration certificate, or mandatory technical inspection document, EUR 200.00 (two hundred euros and 00 cents) shall be payable for each violation.
6.7.2. For a violation of Clause 3.3.4 of this Agreement – a penalty of EUR 300.
6.7.3. The Lessee undertakes to compensate in full for damage arising in the circumstances specified in clause 2.11.
6.7.4. For a violation of Clause 2.10 of this Agreement – EUR 2 for each litre of missing fuel.
6.7.5. Už šios sutarties 3.2.2, 3.3.5 ar 3.4 p. pažeidimą – po 500 Eur už kiekvieną pažeidimą. Už 3.2.1 pažeidimą 1000 Eur bauda.
6.7.6. For a violation of Clause 3.2.9, 3.2.10, or 3.3.3 of this Agreement – a penalty of EUR 500 for each violation. For a violation of Clause 3.2.4 – a penalty of EUR 100.
6.8. All contractual penalties provided for in this Agreement shall be deemed the injured Party’s minimum losses, which need not be proven.
7. FINAL PROVISIONS
7.1. This Agreement takes effect on the date of signing and remains in force until the Parties have fulfilled all their obligations.
7.2. The Lessor may at any time suspend a reservation and/or performance of this Agreement and require the vehicle to be returned immediately, but no later than within 4 (four) hours, if the Lessee breaches any provision of this Agreement or there is a real risk that the Lessee will breach it.
7.3. If the Lessee fails to return the vehicle within 24 hours after the expiry of the return deadline specified in the vehicle acceptance and handover certificate, following the Lessor’s demand, or after termination of the Agreement, the Lessor shall in all cases report the vehicle as stolen to the police, unless the Parties agree otherwise due to objective circumstances affecting the Lessee.
7.4. Either Party has the right to terminate the Agreement out of court for any reason by giving the other Party written notice no later than 2 (two) months in advance (in the case of long-term rental). If the Lessee terminates the Agreement before the end of the rental period specified in the acceptance and handover certificate, the Lessee must pay the Lessor compensation equal to half of the rental amount payable for the remaining rental period.
7.5. The Lessor may unilaterally terminate this Agreement out of court by giving the Lessee at least 7 (seven) days’ notice if the Lessee commits a material breach. The following shall constitute a material breach:
7.5.1. the Lessee pays the rental fee late on three occasions during the term of this Agreement;
7.5.2. the Lessee is more than 7 (seven) days late on one occasion in paying the rental fee or making any other payment under this Agreement;
7.5.3. the Lessee repeatedly breaches any provision of this Agreement;
7.6. The Lessor may unilaterally transfer all or part of its rights and obligations under this Agreement to a third party without the Lessee’s consent.
7.7. The Lessee agrees that the Lessor may process the Lessee’s data specified in this Agreement, including personal data, and any other data about the Lessee obtained in performing this Agreement.
7.8. By signing this Agreement, the Lessor gives the Lessor consent to process the Lessee’s personal data by automated or other means for the administration and performance of this Agreement, payment or recovery of any penalties or fees, and the Lessor’s marketing purposes. The Lessee may object to, or withdraw consent for, processing for the Lessor’s marketing purposes at any time by giving the Lessor prior written notice.
7.9. The Lessee declares and confirms that it has thoroughly reviewed the insurance terms and conditions, both compulsory and comprehensive (CASCO), and has the opportunity to review them again at any time on the insurer’s website.
7.10. Any additions or amendments to this Agreement shall be made in writing and approved by the Parties.
7.11. This Agreement, its form, and its content are governed by the laws of the Republic of Lithuania. The Parties shall seek to resolve all disputes arising from or relating to this Agreement amicably. If no amicable resolution is reached, disputes shall be resolved in accordance with Lithuanian law in Vilnius Regional Court or Vilnius City District Court.
7.12. If a Party’s name, registration or registered office address, address for notices or invoices, telephone number, email address, bank details, or legal registration details change, that Party shall immediately notify the other Party in writing. In the absence of such notice, all documents or notices relating to this Agreement shall be sent to the Party’s last known address and deemed duly delivered.
7.13. All correspondence sent under this Agreement may be sent or delivered by one or more of the following methods: (I) by personal delivery against signature, (II) by email, (III) by registered mail, or (IV) by courier (with proof of delivery). For the purposes of this Clause, the Parties must use the contact details provided in the Agreement for correspondence and communication.
7.14. Correspondence sent by email shall be deemed delivered on the next working day.
7.15. This Agreement is executed in two counterparts of equal legal force, one for each Party.
7.16. Annexes to this Agreement:
7.16.1. Acceptance-Transfer Act.