General Terms and Conditions
Ideal OÜ in Estonia, Ideal Services SIA in Latvia and UAB Litideal in Lithuania (each company is hereinafter referred to as the Renter) are the franchisees of the Avis, Budget and Payless brands in the Baltics. These general terms and conditions shall apply to all short-term rental agreements concluded with Renter.
1. Rental Period
1.1. The Lessee shall rent the vehicle for the period stated in the rental agreement. Upon agreement of the Parties, the rental period can be extended. Before extending the rental agreement, Renter shall submit a price list for extending the rental period to the Lessee, and the Lessee shall confirm his/her acceptance to the price list in writing by his/her signature or via email. An extension of the rental period for less than 30 days can be agreed by e-mail. Any extension of the rental period more than 30 days shall be executed in writing or digitally signed.
2. Delivery and Return of Vehicle
2.1. Upon delivery of the vehicle to the Lessee, the Lessee shall inspect the vehicle to make sure that the vehicle is in good technical condition, has no faults, and the interior of the vehicle is clean. The Lessee shall verify whether any damage visible upon delivery of the vehicle is recorded on the vehicle’s technical condition sheet. Later complaints about any damage to the vehicle shall not be accepted and any such damage is deemed to be caused by the Lessee and shall be compensated to Renter.
2.2. The Lessee shall return the vehicle at the place, on the date and at the time indicated in the rental agreement. Renter shall apply a 30 minute grace period at the end of the rental before the start of a new 24 hour period; if the vehicle is returned after the expiry of the grace period, a full day rental will be charged.
2.3. If the Lessee fails to return the vehicle at the time and place agreed or immediately after the premature termination of the agreement, Renter is entitled to declare the vehicle to be missing and to use all of the powers arising from the law to regain possession of the vehicle; among other things, the Lessee authorises Renter to immediately take possession of the vehicle (including removal of the vehicle). Should Renter incur any additional expenses in relation to the above, the Lessee shall compensate Renter for those expenses. In the case of removal of the vehicle, Renter shall use its best efforts to ensure the preservation of the belongings left in the vehicle by the Lessee; however, Renter shall not be held liable for any damage caused to such belongings during removal or later.
2.4. The Lessee shall return the vehicle in the same condition as when it was delivered to the Lessee, allowing for normal wear and tear. The Lessee shall return the vehicle along with all tires, equipment and documents to the office of Renter where the vehicle was picked up or to a place designated in the rental agreement.
2.5. The vehicle shall be delivered to the Lessee with a full fuel tank and the Lessee shall also return the vehicle with a full fuel tank, except if the Lessee has paid for the “prepaid fuel” option.
3. Requirements for Use of Vehicle
3.1. As the authorised user of the vehicle according to the rental agreement and holder of a valid driving license, the Lessee must know and obey the applicable traffic rules; if the Lessee violates the traffic rules, he/she shall be liable for any resulting fine or other cost.
3.2. The vehicle may be driven by a person who:
3.2.1. is specified in the rental agreement and has been holding a valid driving licence for at least one year;
3.2.2. another person added to the rental agreement by Renter at the request of the Lessee who meets the requirements applicable to a driver. The Lessee shall be fully responsible for this person and shall verify whether the person complies with the rental agreement and the general terms and conditions.
3.3. It is prohibited to use the vehicle:
3.3.1. for carriage of passengers for commercial purposes (e.g. for providing carriage or taxi services);
3.3.2. for towing any other vehicle or trailer;
3.3.3 for carriage of goods in violation of the customs rules or for any other illegal act;
3.3.4. by a driver who is under the influence of alcohol or drugs or other illegal substance;
3.3.5. by a driver who does not hold a driving license of the appropriate class for the vehicle;
3.3.6. for racing or training for racing competitions;
3.3.7. for driving lessons;
3.3.8. for driving outside roadways.
3.4. Smoking inside the vehicle is prohibited. In the case of violation of this requirement, the Lessee shall pay the cleaning fee described in section 4.3.7 below.
3.5. When leaving the vehicle, the Lessee shall take all necessary precautions (e.g. lock the doors of the vehicle) to avoid possible accidents or theft. The Lessee shall also take the keys and documents (registration certificate and other documents) related to the vehicle with him/her when leaving the vehicle.
4. Charges
4.1. At the time concluding the rental agreement, a hold shall be placed on the Lessee’s credit card in the amount of the rental fee (described in section 4.3.1) and surcharges (described in section 4.3.2) plus 30%.
4.2. Renter is entitled to unilaterally alter the rental charge within the rental period, giving the Lessee at least one month’s advance notice. If the new price is not acceptable to the Lessee, the Lessee is entitled to premature termination of the rental agreement.
4.3. The Lessee shall pay the following charges to Renter:
4.3.1. a rental charge according to the applicable rates calculated based on the number of rental days and the mileage covered. If there is a delay of more than 30 minutes in returning the vehicle compared to the time of return agreed upon in the rental agreement, the Lessee shall pay for the rental period calculated based on the actual time of return. If the Lessee returns the vehicle before the end of the rental period, Renter is entitled to request the payment of the full rental charge set out in the rental agreement;
4.3.2. all extra charges (insurance, delivery charge, etc.) along with the applicable VAT to which the Lessee has agreed when signing the rental agreement;
4.3.3. a charge for refilling the fuel tank if the Lessee fails to meet the obligation established in section 2.5 above;
4.3.4. a fine for driving the vehicle in a state of intoxication, for violating the traffic rules or for other illegal activities if the fine is collected from Renter, including in cases where Renter is fined for permitting a person not entitled to drive motor vehicles to drive the vehicle;
4.3.5. If the Lessee has received the requisite consent of Renter for leaving the Baltic states and the vehicle becomes unroadworthy outside the Baltic states, the Lessee shall pay all the costs related to bringing the vehicle back to the Baltic states (Estonia, Latvia or Lithuania depending on pickup location) to the office of Renter. The rental agreement is valid until the transfer of possession of the vehicle to Renter;
4.3.6. any parking ticket submitted to Renter, delay interest, and charges for towing the vehicle to a car park due to a parking violation or other reason, plus Renter’s administration fee of 35 EUR in case of traffic fine or damage;
4.3.7. an extra cleaning charge of 200 euros if the Lessee has smoked in the car or if the interior of the car is so dirty that dry cleaning is necessary for restoring the vehicle to the same condition as at the time of rental;
4.3.8. compensation for damage caused to the vehicle if the Lessee returned the vehicle to Renter outside business hours (from 18:15 pm to 8:15 am) or in a way that it could not be inspected by the employee of Renter and Renter discovers the damage in the course of a later inspection;
4.3.9. a charge 25 euros for leaving the vehicle in the relevant general car park in Tallinn Airport, Riga Airport or in Vilnius Airport (depending on pickup location). The Lessee is entitled to leave the vehicle to the parking space allocated to Renter in the airport’s car park for rental vehicles without an extra charge.
4.3.10. Late service fee 40 EUR if the Lessee wants to receive the vehicle outside business hours of Renter (from 18:15 pm to 8:15 am).
4.4. The Lessee shall pay Renter by credit card or bank transfer. In the case of late payment of the rental charge or any other charge set out in the rental agreement and/or the general terms and conditions, the Lessee shall pay late interest of 0.2 per cent of the outstanding amount per each day of delay. In the case of late payment, any sum received shall first be applied towards interest and fines and only thereafter the principal amount of the fee. Upon failing to fulfill and/or late fulfillment of the Lessor’s contractual obligations under the rental agreement, Renter is entitled to publish information concerning the Lessee in a credit register (including but not limited to the database maintained by Creditinfo and the global database of Renter).
5. Liability
5.1. The Lessee as the possessor of the vehicle, is liable for compliance with the vehicle maintenance requirements during the rental period if the period of use of the vehicle in the rental agreement is longer than 30 days. The permissible deviation of the vehicle maintenance schedule must not exceed 300 km. The contractual penalty for exceeding the permitted deviation of the vehicle maintenance schedule is 500 EUR.
5.2. The Lessee is fully responsible for the preservation of the vehicle and all damages caused to it (incl. the risk of accidental destruction and damage to the vehicle) that has occurred before the vehicle is inspected and accepted by the Renter's employee.
5.3. If the Lessee discovers defects of the vehicle, the vehicle is involved in an accident or vandalized during the rental period, the Lessee shall immediately inform Renter thereof and shall follow the instructions of Renter on how to proceed. The Lessee is not entitled to repair any defects of the vehicle. If the Lessee fails to comply with this requirement, the Lessee shall compensate Renter for any damage (e.g. if the original parts of the vehicle have been replaced by parts of low quality).
6. Insurance
6.1. Renter shall insure the vehicle being used by the Lessee against any damage that may be caused to a third party according to the applicable law. In the case of an insured event, the terms of insurance agreed upon between Renter and its insurer shall apply. The Lessee undertakes to read the relevant insurance terms at Renter’s reception desk before entry into the rental agreement.
6.2. In case of an insured event, the Lessee shall be liable to Renter to the extent of the excess. The amount of the excess depends on the category of the vehicle and has been set out in the rental agreement. The Lessee may reduce the amount of the excess, paying an extra charge for each day of rental according to the category of the vehicle chosen by the Lessee.
6.3. Notwithstanding clause 6.2 above, insurance coverage shall not apply to the following types of damage:
6.3.1. damage caused to the interior, control system, bottom or engine compartment of the vehicle, driving with flat tires, damage caused by snow or ice (e.g. snow or ice falling from the roof of a building) or damage caused by driving outside roads designated for vehicle traffic;
6.3.2. in case the vehicle is stolen and the Lessee has not taken the car documents and/or the key with him/her when leaving the vehicle as required under section 3.5 above. If, in the event of theft of the vehicle, the Lessee returns the vehicle’s keys and documents (registration certificate) to Renter and proves that he/she took the necessary precautions to ensure the safety of the vehicle, the liability of the Lessee is limited to the excess.
7. Accidents
7.1. The Lessee and each driver authorised to drive the vehicle shall take all appropriate measures to protect the interests of Renter and the insurer in the case of an accident during the rental period; among other things, they shall:
7.1.1. find out the names and contact information of everyone involved in the accident and any possible witnesses;
7.1.2. not admit their guilt or liability without the prior consent of Renter;
7.1.3. after the accident, not leave the vehicle unattended or without taking measures to protects its safety;
7.1.4. immediately inform Renter and, if necessary, the police of the accident or theft and stay at the accident scene until the police has granted permission to leave;
7.1.5. prepare a letter of explanation concerning the accident or theft and deliver it to Renter within 24 hours of the accident or theft.
8. Amendment and Termination
8.1. Agreement to amend the rental agreement for less than 30 days may be concluded by e-mail. Agreement to amend the rental agreement for more than 30 days must be made in writing or signed digitally.
8.2. The rental agreement shall expire on the last day of the rental period set out in the rental agreement upon return of the vehicle by the Lessee.
8.3. The Lessee is entitled to terminate the rental agreement before the end of the rental period but Renter is entitled to request full payment of the rental charge set out in the rental agreement. The fee for early termination of the rental agreement is a maximum of 1-month’s rental charge.
8.4. Renter is entitled to terminate the rental agreement before the end of the rental period if the Lessee has materially breached the agreement. Among others, the following instances shall be deemed a material breach of the agreement:
8.4.1. the Lessee fails to pay the rental charge on time;
8.4.2. the Lessee uses the vehicle for a purpose other than the intended purpose of the vehicle, e.g. in a manner described in section 3.3 above;
8.4.3. the Lessee fails to return the on time and does not inform Renter of late return in writing or by e-mail.
9. Processing of personal data
9.1. Renter processes personal data on the bases and pursuant to the procedure specified in the applicable legislation. The principles of Renter’s personal data processing can be found in more detail in Renter's office, rental station and on Renter's website: avis.ee; myavis.ee, budget.ee.
10. Miscellaneous
10.1. The general terms and conditions constitute an integral part of the rental agreement concluded between the Lessee and Renter.
10.2. The rental agreement and the general terms and conditions have been prepared based on and are subject to Estonian, Latvian or Lithuanian law (depending on the origin of Renter).
10.3. Any dispute, controversy or claim relating to the performance or interpretation of the agreement shall be resolved by negotiations between the parties. If no consensus is reached, the dispute shall be resolved at the courts of Estonia, Latvia or Lithuania (depending on the origin of Renter).
10.4. The Lessee confirms that he/she has examined all the terms and conditions and guidelines applicable to the rental of the vehicle available at the website of Renter’s respective trademark before concluding the rental agreement.