Terms and Conditions for Car Rental
EVASION ALBANIE agrees to rent out to you a motor vehicle on the basis of these General Rental Conditions, which incorporate the information and conditions stated in the Rental Agreement, which you have signed. Through the renting of the said motor vehicle you accept the conditions of the Rental Agreement and those of the General Rental Conditions and you undertake to comply with them in every detail.
- NATURE OF THIS AGREEMENT
The rights and obligations contained in this Agreement govern your use of the car and are not transferable to you. You acknowledge that the car is owned by EVASION ALBANIE and that any attempted transfer or sub-rent of the car by anyone other than EVASION ALBANIE is void. EVASION ALBANIE permits you to use the car under the terms and conditions of this Agreement only.
You must always carry the Rental Agreement and show it to the police on request.
- WHO MAY OPERATE THE CAR
The car must only be driven by you or any other person who has been authorized by EVASION ALBANIE at the commencement of the rental and whose details are noted on the Rental Record (an “Authorized Driver”). You agree that you will not allow anyone to drive the car, including yourself:
- Who does not fulfill the minimum EVASION ALBANIE requirements regarding age and possession of a valid driving license in effect at the time and place of the rental, as well as any other minimum requirements which may be in effect at the time and place of the rental that may be notified to you prior to the commencement of the rental; or
- Who is over-tired or under the influence of alcohol, drugs, medication or any other legal or illegal substance impairing their consciousness or ability to react.
- PICK-UP/DELIVERY AND RETURN
- EVASION ALBANIE will supply the car to you in good overall and operating condition, complete with all necessary documents, parts and accessories.
- You agree to return the car to EVASION ALBANIE in the same condition as you rented it, subject to fair wear and tear, with the same documents, parts and accessories, at the location and on the date and time designated in the Rental Record.
- You and EVASION ALBANIE will check the condition of the car at the start of the rental and upon return of the car. EVASION ALBANIE will provide a record showing any agreed defects. You understand and accept that you will be liable under any circumstances whatsoever to EVASION ALBANIE for any loss of or damage to the car, its documents, its parts or its accessories while on rental.
- The car must be returned to the agreed EVASION ALBANIE location within normal business hours of the location concerned. If you return the car outside of these hours you must comply with the out of hours instructions for that location, in which case you will remain fully responsible for any loss, theft or damage to the car until the location re-opens for business. If you fail to comply with these instructions, you will remain fully responsible for any loss, theft or damage to the car as well as for time charges, charges for optional services or other charges stated in the Rental Record until EVASION ALBANIE personnel are able to access the car.
- If at any time EVASION ALBANIE has agreed that you may return the car to a place other that a EVASION ALBANIE rental location, or if EVASION ALBANIE has agreed to collect it, you will remain fully responsible for any loss, theft or damage to the car until it is collected by EVASION ALBANIE.
- If you fail to return the car to the agreed return or collection point within the grace period (as specified in the next sentence) following the agreed time, you will be charged an extra day’s rental, including charges for any options taken, at the relevant daily rate, for every part of the day that the car is overdue. The “grace period” is the period of time specified as a grace period on the Rental Record or, if the Rental Record does not specify a grace period, a period of 30 minutes.
- You agree that EVASION ALBANIE is entitled to charge you a reasonable additional charge if the car requires more than our standard cleaning on its return to restore it to its pre-rental condition allowing for fair wear and tear.
- EVASION ALBANIE reserves the right to terminate the rental with immediate effect at any time if EVASION ALBANIE considers there is an important reason for doing so (e.g. insolvency proceedings instituted against you) and in such case will repossess the car directly or through an agent at your expense. The same will apply in the event of your failing to comply with the rental conditions in whole or in part. Termination of the rental with immediate effect will result in the immediate cancellation of the limitations of liability; the exclusion of liability, the theft protection, and the personal accident insurance as far as you are concerned.
- YOUR RESPONSIBILITY FOR LOSS OR DAMAGE
As the renter of the vehicle you agree that you will be fully responsible (and will cover relevant costs) for any and all: interior damages of the car (seats, floor mats and carpeting, dashboard, glove compartment, radio, CD player etc.); damages to the trunk; damages and/or loss of the side mirrors; damages and/or loss of tires, rims, and hubcaps; damages to the undercarriage; loss of any documents belonging to the vehicle as well as damages arising from overloading the vehicle. In case of accident you should comply with provisions mentioned in paragraph 11 of this document. Our vehicles are insured with full Casco. This will cover 90% of damages caused by the accident. The Police Accident Report will decide regarding the responsibility of the accident. In cases when you are the cause or have provoked the accident or when you have left the accident location without having the Police Accident Report, you will be responsible of covering 10% of the damage done to the vehicle by the accident.
- PROHIBITED USE OF THE CAR
- You are authorized to drive the car under the conditions contained in this paragraph 5and paragraph 2 above including, at all times, to use the car in a responsible manner. If you do not comply with these conditions, you will be liable to EVASION ALBANIE for any liability or reasonable loss incurred by EVASION ALBANIE or any damages or reasonable expenses EVASION ALBANIE suffers or incurs as a result of your breach. You may additionally lose the benefit of any waivers or insurance selected by you. EVASION ALBANIE reserves the right to take back the car (without notice, unless it is legally required) at any time, and at your expense, if you are in breach of this Agreement.
- You must look after the car, make sure it is locked, secure and parked in a safe place when not in use and set and use any security device provided. You must remove and keep in a safe place any removable radio and/or radio faceplate and mobile navigation devices when the car is unoccupied. You must use seat belts, child seats and other child restraints as appropriate. You must keep your vehicle’s lights on during all the time as foreseen by the Albanian Road Code.
- You must use the correct fuel and check the oil and other fuel gauges beyond 1000 Kms, refilling oil and other fluids as necessary. If you experience any problem due to accident or mechanical failure, you must contact EVASION ALBANIE on the number provided at the time of the rental. No one may service or repair the car without EVASION ALBANIE’s prior express permission.
- You must not use the car or allow it to be used:
- To carry passengers for remuneration;
- To carry cargo for remuneration;
- To tow or push any vehicle, trailer or other object;
- Off road or on roads unsuitable for the car;
- When it is overloaded or when loads are not properly secured;
- For carrying any object or any substance which, because of its condition or smell may harm the car and/or delay EVASION ALBANIE’s ability to rent the car again.
- To take part in any race, rally, test or other contest;
- In contravention of any traffic or other regulations;
- For any illegal purposes;
- For sub-renting;
- To drive or be driven in restricted areas including, but not limited to airport runways, military restricted areas, etc;
- For driver training activity;
- In contravention of any of the driver requirements contained in paragraph 2 above.
- Driving the car abroad is subject to restrictions for insurance-technical reasons. The car may be driven outside Albania however EVASION ALBANIE must be notified of this prior to the start of the rental. The insurance of the vehicles of EVASION ALBANIE is valid only within the borders of Albania, and you must purchase extra insurance at border crossing points to cover the vehicle outside Albania. EVASION ALBANIE vehicles rented in Albania cannot be taken to every country abroad without permission. Failure to comply with these relevant restrictions and conditions will result in your being held fully liable for all (direct or indirect) damages to the car; in the event of loss of the car – under any circumstances whatsoever – you will be liable for the full costs.
- PAYMENT OF CHARGES
- The rental charge payable by you is equivalent to the separately agreed rental charges; in the absence of an express agreement, you will be required to pay a charge equivalent to the tariff published by EVASION ALBANIE and valid at that particular time. EVASION ALBANIE claims arising from rental charges fall due for payment immediately; in the event of delayed payment you undertake to pay default interest rate at the rate of 6% on top of the Euribor rate applicable at that time; in addition you will be required to reimburse EVASION ALBANIE for expenses incurred due to the delayed payment, e.g. costs of collection in particular, including here the costs for the out-of-court collection through agencies and/or a solicitor.
If you wish to pay by credit card you will be required to authorize EVASION ALBANIE – at the time of signing the Rental Agreement – to instruct the credit card issuer to reserve a sufficiently large sum and to obtain the relevant authorizations in order to cover at least the total expected rental costs. You will also be required to authorize EVASION ALBANIE to collect, without further instructions from you, directly from your credit card any additional charges which have arisen from your use of the car and which may include the costs of insurance franchise, damage to the car, the loss of its documents or accessories, charges not stated on the Rental Record such as one-way charges, refueling charges, late return charges, additional driver charges, extra cleaning charges, and any road tolls or fines or charges arising from traffic or parking offences during the rental period (including an administration fee).
- You and person to whom, with EVASION ALBANIE’s consent, you expressly direct the charges to be billed are jointly and severally responsible for payment of the charges. If you direct the charges to be billed to any person, you represent that you are authorized to do so.
- CHARGES
- For any rental you make under this Agreement, the charges stated on the Rental Record reflect your use of the car as agreed at the start of your rental. These include the basic rental charge, additional compulsory charges and any optional or ancillary services chosen by you either at the time of reservation or rental, plus applicable taxes at the prevailing rate.
- The basic rental charge is made for a minimum of one rental day (the 24 hour period starting from the time the rental begins) and includes compulsory third party insurance and any other services as specified on the Rental Record.
All inclusive fees with a different minimum rental period can be arranged.
- Additional compulsory charges may apply at certain locations and include a Vehicle Licensing Fee (which passes on your share of any compulsory charge incurred by EVASION ALBANIE for keeping the car on the road), a Location Service Charge (which reflects the higher costs of renting from certain locations), and a Young Driver Surcharge (which may apply if you, or an additional driver are under 25 years old, and/or with less than 5 years of driving experience).
- In addition to the charges stated on your Rental Record, charges may arise from your use of the car during the rental and may include, amongst others, loss of or damage to the car, a refueling service charge, late return charge, additional driver charges, extra cleaning charge, and any road toll or fines or charges arising from traffic or parking offences during the rental (including a reasonable administrative charge in accordance with paragraph 13(b)).
- A valet charge of 10 Euro will be levied in case of not properly cleaned vehicle.
- Charges are subject to final calculation after the return of the car.
- Payment and deposit of warranty can be done by credit card, bank transfer, or cash.
- REFUELLING SERVICE CHARGE
- The car will be supplied to you with a full tank of fuel. If you return the car with less than a full tank of fuel, a refueling service charge will be payable by you for fuel and the service of refueling at the applicable rate specified on the Rental Record.
- However, if you have, as indicated on the Rental Record, elected to purchase a full tank of fuel at the commencement of the rental by accepting the Fuel Purchase Option, then there will be no refueling service charge on the return of the car (although you will not receive any credit for fuel remaining). Instead you will pay the amount indicated on the Rental Record for the fuel you purchase at the commencement of the rental.
- RESPONSIBILITY FOR PROPERTY
EVASION ALBANIE is not liable to you or any authorized driver or passenger for loss of or damage to property left in the car either during or after the period of the rental. Such property is entirely your responsibility and at your own risk.
- THIRD PARTY LIABILITY INSURANCE; INDEMNITY
- EVASION ALBANIE has a legal requirement to provide third party insurance coverage. This coverage is included in the basic rental charge.
- You agree to reimburse EVASION ALBANIE if EVASION ALBANIE is obliged to compensate the insurers for any payment they make to a third party on your behalf and/or any third party, if that party suffers death, personal injury, or damage to property caused by your use of the car by you or any authorized driver in breach of paragraphs 2 or 5 of this Agreement.
- ACCIDENTS, THEFT AND VANDALISM
- You must, where possible, report any traffic accident, loss, damage or theft involving the car to the police and to EVASION ALBANIE immediately.
- You must not admit any liability, release any party from liability, or settle any claim nor accept any disclaimer in the event of an accident, but should take the names and addresses of everyone involved, including any witnesses.
- A EVASION ALBANIE accident or theft report form must always be completed and submitted to EVASION ALBANIE when you return the car. In the event of theft, you must return the keys and any remote controlled anti-theft devices to EVASION ALBANIE. If you do not comply with the requirements of this paragraph 11, any optional coverage you take to reduce or eliminate your liability will be void.
- You agree to cooperate with EVASION ALBANIE and our insurers in any investigation or subsequent legal proceedings arising out of loss or damage to the car.
- LIMITS ON LIABILITY
- Subject to paragraph 12(b), EVASION ALBANIE shall not be liable to you or any third party for any loss or damage arising from the rental other than as a result of our negligence or willful misconduct or any breach by EVASION ALBANIE of this Agreement. EVASION ALBANIE shall not be liable for any indirect or unforeseeable loss or damages, including costs of profits or loss of opportunity.
- Nothing in paragraph 12(a) shall exclude or restrict EVASION ALBANIE’s liability for death or personal injury resulting from acts or omissions of EVASION ALBANIE or any other liability which cannot be excluded as a matter of law.
- PARKING AND TRAFFIC VIOLATIONS
- You are fully responsible for all road tolls, parking fees and any fines or other consequences of the violation of traffic regulations, orders or prohibitions, or any other laws or regulations during the rental. If the customer does not declare them on the drop of the car, or the fines comes with post after the period of rental, the customer will be charged directly in his credit card.
- If EVASION ALBANIE is required to pay and/or process such road tolls, fines, charges or associated costs, you agree that EVASION ALBANIE may charge you with the amount we are required to pay plus a reasonable administration charge for dealing with these matters.
- EVASION ALBANIE shall, upon request, supply you with a copy of any traffic violation notice which EVASION ALBANIE receives.
- YOUR PERSONAL DATA
- With your signing of this Rental Agreement, you declare that you have no objection to your personal data being electronically stored and processed together with this Rental Agreement by us and used by us for the purpose of our lawful interests, including statistical evaluation, credit worthiness checks, and the protection of our assets. In the event of this Rental Agreement being violated by you, we may pass on your personal data to third parties should this be necessary in order to ensure the satisfaction of our claims or to prevent our incurring pecuniary damage.
- You understand and accept that you use of a CDP Number associated with a commercial enterprise compels us to make your personal data accessible to that commercial enterprise.
- SALVATORY CLAUSE
In the event of a provision of this Rental Agreement being or becoming wholly or in part invalid, unlawful, or impracticable according to the governing law, it is agreed that the provision or that part of that provision is no longer valid part of this Rental Agreement; however the remaining provisions remain fully operative.
- GOVERNING LAW
We always endeavor to settle any disputes amicably. Should this not be possible, it is hereby agreed that Albanian law shall be the governing law and the competent Albanian courts shall be the sole legal venue for any legal dispute.
- ACCEPTANCE
By signing the attached Rental Agreement you agree to all of the above terms as well as:
- To cover all costs derived from any vehicle documents lost by you during the rental period, including lost income for the period that the vehicle remains un-operational due to missing documents.
- To inform EVASION ALBANIE about all fines received by the police during your period of rental of the vehicle even when they have been paid.
- To cover all costs relevant to the fines received during your period of rental.
- To inform EVASION ALBANIE about all incidents occurred during your period of rental, even when no consequences are involved.