FOR VEHICLE LEASE CONTRACT
1. Definitions
1.1 Below are the definitions used in these Conditions of the Vehicle Lease Contract (hereinafter referred to as “Conditions”)
Ø LESSOR: Autorent LLP.
Ø LEASEE: An individual temporarily owning and using the Lessor’s vehicle under the Lease
Contract.
Ø CONTRACT: Lease Contract signed between the Lessor and Lessee.
Ø CAR: A vehicle transferred to the Lessee for temporary ownership and use (hereinafter referred to as
“Car”) under the contract and the conditions stipulated thereby.
Ø PARTIES – Lessor and Lessee as a party to the contract (hereinafter referred to as “Lessor and Lessee”)
Ø ACT – A document certifying the fact of good working condition, complete set, and accessories of the car
and other related documents, current damages (the interior, external surface), and a document
reflecting all the data describing the car, the form of which shall be determined by the Lessor at the time
of transfer of the car from the Lessor to the Lessee and return of the car from the Lessee to the Lessor.
2. Transfer and Acceptance
2.1 The parties shall draw up an Act at the time of transfer of the car from the Lessor to the Lessee and return of the car from the Lessee to the Lessor.
2.2 The Lessee should be at the age of 24 and he/she should have at least 2 years of driving experience to sign the rental agreement. The Lessee has no right to hand over to sub-lease the rented Car. If other Drivers than the Renter drive the rented Car, they should also be at the age of 24, have at least 2 years of driving experience, and should present valid driving licenses and passports.
The International Driver's License IDP is mandatory only if the National Driver's License is not valid in the Republic of Kazakhstan or is not provided in Latin letters. The Republic of Kazakhstan accepts driver's licenses issued in countries that have signed the Vienna Convention, 08.11.1968 All other countries’ citizens must have IDP or translated into Kazakh/Russian languages and notarized their local driver’s license.
2.3 The Lessee shall inspect the good working condition, the complete set, accessories and the related documents of the car to be transferred, as well as the current damages (interior, external surface) and all the data describing the vehicle in the presence of the Lessor at the time of acceptance of the car from the Lessor.
2.4 The Lessee shall indicate in the Act all the defects, damages, and conditions describing the condition of the car at the time of acceptance and return of the car to the Lessor, which exist at the time of acceptance and return thereof. At the initiative of the Lessor or the Lessee, photos showing the status of the car and other conditions may be taken at the time of transfer and return of the car, which shall be an integral part of the Act. The Lessee acknowledges that it shall be deprived of the right to announce any other defects further detected, in addition to the ones indicated in the Act at the time of acceptance of the car.
2.5 The lessee shall refuse to accept the vehicle, which is not subject to operation and cannot be operated, is out of order or the Lessor refuses to make any notes and/or sign in the Act regarding the status of the vehicle to be transferred, as well as complete set and/or other data reflecting the condition of the vehicle.
2.6 In signing the Act the Lessee shall accept the car from the Lessor in the same condition and state, as it was at the time of acceptance.
2.7 The Lessee shall return the Lessor the car with all the accessories and documents, complete sets, in good working condition, in the appropriate state, with a clean external appearance and interior conforming to the records made in the Act at the time of acceptance of the car from the Lessor, in consideration of the natural wear.
2.8 As regards the fulfillment of the duties stipulated by Clause 2.6 of this Contract, the Lessee and the Lessor shall draw up an Act. The Lessee shall make appropriate records in the Act and sign it in case of any non-conformity with the data outlined in the Act executed by the Lessor. The Lessee shall not be entitled to completely refuse to sign the Act for any reason, including for the reason that it disagrees with the information and data regarding the car outlined in the Act executed.
2.9 In the event the Lessee breaches the duties stated in Clause 2.7 of this Contract, the Lessor shall be entitled to unilaterally draw up the Act and sign it. In the case stipulated by this clause, the Act unilaterally signed by the Lessor cannot be disputed by the Lessee, which is deemed the only document or proof certifying the condition, the good working order, complete set, existing accessories (interior or external surface) at the time of the return of the car to the Lessor and the related documents and other conditions describing it, which are reliable and acceptable by the parties.
2.10 Transfer and return of the car shall be carried out at the Lessor’s business place (office), on working days and hours, beyond which (out of the office and on non-working days and/or hours) such activities may be carried out only by the Lessor’s consent and for an additional fee. The working days and hours shall be published on the Lessor’s official website.
2.11 When accepting the car the Lessee shall sign the announcement-consent regarding the assumption of responsibility for the legal violation(s), including administrative one(s) committed by the car. The Lessor shall be entitled to manage this announcement at its discretion and provide it to any individual, including state bodies.
2.12 Lessor has the right to set a GPS device on the vehicle and make impossible the exploitation (using) of the vehicle with the device in case of non-performance of the obligation to return the vehicle by the Lease.
3. Operating Conditions
3.1 All the costs regarding the operation of the car and other expenses related thereto and/or arising out of it shall be borne by the Lessee, including fuel, penalties payable for the administrative legal violations committed by the car, the dues stipulated for paid private parking’s, as well as transportation expenses as a consequence of the inaccurate operation of the car or accident.
3.2 The Lessee shall be entitled to operate the vehicle only within the Republic of Kazakhstan, in case of operating in the Republic of Kyrgyzstan the Lessee shall receive the permission of the company.
3.3 When in possession of the Lessee the car cannot be used for races, studying, speed tests, or other similar purposes, it cannot be loaded with more luggage than allowed and used for transportation of animals.
3.4 The car cannot seat more than the maximum permissible number of passengers.
3.5 The Lessee shall get acquainted with the rules of operation and use of the vehicle before the latter’s operation. The Lessee shall be deemed acquainted with the rules of operation and use of the car upon signing the contract.
3.6 The Lessee shall not be authorized to perform repairs, renovations, equipment, constructive or any other procedures of the car, install additional devices or types of equipment, technical means, or facilities in the car without the preliminary written consent of the Lessor.
3.7 The Lessee acknowledges that failure to return the car to the Lessor at the place and within the stipulated period shall be deemed as abduction, and 6 hours later the Lessor shall be entitled to report the crime to the police unless there was a notice from the customer about the delay. In case of the return of the car after the deadline, the Lessee shall pay a penalty as per these conditions.
3.8 The Lessee shall promptly notify the Lessor of all the technical defects of the leased car, which have arisen upon acceptance thereof from the Lessor.
3.9 The Lessor at its own expense shall carry out operations directed at eliminating all the technical defects of the leased car if such defects have arisen for no reason of the Lessee.
3.10 In the context of this contract the Lessor shall respond to the elimination of the defects preventing the operation and use of the car by the Lessee, including by giving instructions as to the elimination of such defects via the phone, and where appropriate, by directly eliminating such defects on the spot with the support of a respective specialist. If after receiving information from the Lessee as regards the defects stated in this clause and other circumstances preventing the operation and use of the vehicle the Lessor’s specialist finds out that there are no defects and/or other circumstances preventing the operation and use of the car, then the Lessee shall reimburse for the invitation of the specialist in the amount prescribed by this contract. In this case, the specialist shall draw up a protocol about the defects and/or other circumstances preventing the operation and use of the car on the spot and submit it to the Lessee for signing. The Lessee shall sign in the protocol stated in this clause, regardless of the fact whether it agrees to the records stated in the protocol or not, by expressing its remarks and objections in the protocol. In case the Lessee breaches the duty stipulated by this clause, the Lessor’s specialist shall be entitled to unilaterally draw up a protocol and sign it. In the case stipulated by this clause, the Lessee shall be entitled to dispute the protocol unilaterally signed by the Lessor’s specialist, it shall be the only reliable document or proof acceptable for the parties reflecting the defects and/or other circumstances preventing the operation and use of the car at the time of invitation of the
specialist.
3.11 If the defects and other circumstances preventing the operation and use of the car have arisen as a result of inaccurate operation and use of the vehicle by the Lessee, then the latter shall pay the Lessor the costs incurred for the elimination of the defects and other circumstances preventing the operation and use of the car.
4. Lessee’s Obligations
4.1 The Lessee undertakes to
4.1.1 Pay the rental fee to the Lessor within the stipulated period and all other sums payable under these conditions.
4.1.2 Return the car to the Lessor and sign the Act within 1 hour, in case of termination of the contract
4.1.3 Promptly notify the Lessor of all defects, failures, technical and/or circumstances preventing the operation and use of the car
4.1.4 Not drive, use, or operate the car under the effect of alcohol, psychotropic drugs, or substances
4.1.5 constantly observe the good working condition of the car, carry out all other necessary activities at such regular intervals which are determined by the manufacturer under the rules and conditions for the operation and use of the car, as well as check the presence of engine oil, fill the car only with the fuel allowed for filling, observe the signal lights regarding the function ability of these or those parts of the car and the devices.
4.1.6 Suspend the operation and driving of the car if there are failures, defects, technical and/or circumstances preventing the operation and use of the car.
4.1.7 abide by the traffic rules and on its own assume liability for the violations committed by paying the stipulated amounts of penalty
4.1.8 Park the car at the places allowable for parking and close the doors and luggage compartment of the car when parking, turn on the anti-theft system and not leave the keys to the car and documents. The keys and documents shall be kept with the Lease and under the latter’s constant control. In case of abduction of the car the Lease shall return the keys and original documents of the car.
4.1.9 Promptly notify the Lessor of technical defects detected without moving the vehicle.
4.1.10 Bear responsibility for the technical failures or defects and loss of the components of the car which may arise through its fault. Should any technical failures or defects arise through no fault of the Lessor during the operation of the car and further operation of the car has become dangerous, then the Lessor shall be entitled to claim replacement of the leased car with a similar car.
4.1.11 Immediately notify the Lessor and the police of any accident, as well as loss of the car or any of its components and support in preparing protocols and proper references in the manner prescribed by law and hand them to the Lessor.
5. Lessor’s Obligations
5.1 The Lessor undertakes to
5.1.1 Replace the car with another vehicle, if the car has defects, is not fit for use or its further use may be the reason for the defect.
5.1.2 Eliminate the defects preventing the operation and use of the car at its own expense during the contract period, which are caused by the actions or inactivity of the Lessee.
5.1.3 Perform the activities as stipulated by Clause 5.1.2 of this Contract within the reasonable time, by refraining from causing incontinence and trouble to the Leasee to the extent possible.
5.1.4 Provide the Leasee with all the documents required for the operation and use of the car.
6. Rental and Other Fees
6.1 The Lessee undertakes to pay the fee (hereinafter referred to as “Rental fee”) in the amount stipulated by the contract for the use of the car.
6.2 The rental fee shall be paid in advance if no other payment procedure and terms and periods are stipulated by the contract
6.3 In addition to the rental fee the Lessee shall also pay all the sums payable to the Lessor on the grounds stipulated by RA Legislation.
6.4 To ensure the fulfillment of all monetary (payment) obligations to the Lessor, the Lessee shall transfer the funds as a deposit to the Lessor in the amount stipulated by these Terms and Conditions at the time of signing the Contract. For failure or improper performance by the Lessee of its monetary obligations to the Lessor, the Lessor shall have the right to fulfill its claims to the Lessee using the deposited funds.
6.5 The deposited amount may be provided to the Lessor via a bank card or by transfer to the Lessor’s bank account. The deposit amount is blocked on the lessee's card and held for up to 60 (sixty) days.
6.6 After the accomplishment of all the liabilities before the Lessor by the Lessee, the deposited shall be returned in full or in part. If the number of the Lessee’s liabilities exceeds the deposited amount, then the Lessor shall be entitled to use the deposited cash in full for the fulfillment of the Lessee’s obligations and require the Lessee to pay the number of obligations unsecured by the deposited amount.
6.7 The amount of the deposited shall total KZT 220.000-300.000.
7. Insurance and Damages
7.1 The car transferred to the Lessee under this Contract shall be insured by the Lessor subject to OSAGO and CASCO contract conditions on the territory of the Republic of Kazakhstan and in the Republic of Kyrgyzstan. By signing a contract, the Lessee acknowledges that it has read, understood, and also accepted the provisions of the insurance contract, and based on the contract it shall be deemed an individual who legally owns the car at the time of acceptance thereof from the Lessor.
7.2 The Lessee acknowledges that as an individual owning the car, it shall be held liable for immediately notifying the Lessor of any insurance accident (incident, traffic accident), the driver is obliged to stop the car at the scene of the accident. Immediately inform the police and the company representative and such an obligation shall be fulfilled in the manner and within the periods provided for by the law and insurance contract. It is not allowed to move the vehicle without the Police or insurance officer's permission.
7.3 In case the insurance company fails to reimburse the damage caused to the car or the third party (their property, health, passengers), when the rejection of providing insurance reimbursement is attributed to the Lessee’s activities or inactivity, the damage caused to the car or third parties (their property, health) shall be reimbursed by the Lessee.
7.4 in case of concealment of damage or deception on the part, the lessor must notify the customer of the detected breakdown within 48 hours and only after that it is entitled to submit claims to the client during the entire term of the deposit retention and demand full compensation for damage.
7.5 During the whole period of the Lessee’s ownership of the car, the Lessor shall not be responsible for any damage caused by the Lessee to the third injured party.
7.6 In case of any accident, loss, or damage, the Lessee shall submit a protocol drawn up in the manner prescribed by law, as well as sufficient data about the other parties or witnesses involved in the accident. The Lessee shall not be entitled to accept a claim from any person.
7.7 If the guilty party of the insurance accident is the Lessee (the guilty party is missing or cannot be identified), then the Lessee shall reimburse the Lessor in the amount of the maximum deposited sum.
7.8 In case of damage to the components of the car or fire of the car, the Lessee's liability to the Lessor shall not exceed the deposit amount, regardless of the amount of damage caused, provided that all rental and insurance rules are observed.
7.9 The Lessor shall not assume any responsibility for the personal items of the Lessee and other persons, as well as the health problems of the passengers of the car.
7.10 None of the insurance packages covers the following costs: damage/loss, car tires; all glass; interior; incorrect refueling; the bottom of the car, which was damaged off-road and due to the negligence of the driver; license plate; car ID (Technical passport); key, or any other additional items (GPS, WIFI, child car seat, etc.)
7.11 It is forbidden to drive off-road. The rented car must be used on public roads or on light off-road where there are all visible prerequisites that the road exists there are no difficult sections and there is no danger to driving. In case of damage to the car off-road or the inability to continue the drive due to the negligence of the driver, all responsibility falls on him and must cover all of the lessor's losses related to the rented car and its downtime.
8. Fees and Penalties
8.1 Penalties Below are the amounts and cases of paying fines and penalties to the Lessor by the Lessee:
1. Penalty for each less liter, in case of return of the partially-filled car 500 KZT
2. Penalty for violation of the obligations to return the car (overdue return), including
2.1 For the first hour 0 KZT
2.2 In case of expiry of the period between the 2nd and 3rd hours. 5000 KZT per hour.
2.3 In case of expiry of the period between 3rd and 24 hours KZT In the amount of daily rent
3. In case of the presence of the conditions as stipulated by Clause 3.10 of this Contract 25000 KZT
Please note, that penalties for traffic rules violations are charged in full amount with the addition of taxes, a banking commission and a service charge of 17500 KZT per each penalty, regardless of when the notification was received.
8.2 Fees
Below are the additional fees and their amounts payable by the Lessee to the Lessor:
1. In case of transfer and/or delivery of the car outside Lessor’s business place (office)
1.1 In the territory of Almaty 10000 KZT
1.2 Outside Almaty 300 KZT for 1km
1.3 At the Kazakhstan Airport area 10000 KZT
2. In case of delivery and/or acceptance of the car beyond the working days and/or hours 5000 KZT
3. Additional driver (daily) 2500 KZT. Max 15000 KZT per rent.
4. Baby car seat (daily) 3000 KZT. Max 15000 KZT per rent.
5. Full insurance (daily) 10000 KZT. Max 100000 KZT per rent.
6. Wi-Fi device (daily) 1500 KZT. Max 9000 KZT per rent.
7. Driver service (daily) 35000 KZT
9. Other Conditions
9.1 The words in singular used in these Conditions (including the concepts used in these Conditions) shall also include the plural of the same words, and the words in plural shall also include the singular of the same words and shall be interpreted as per the conditions stated in this clause.
9.2 If any clause or condition of these Conditions becomes illegal, void, or invalidated either in full or in part or inapplicable, then it cannot affect the validation and applicability of other clauses of these Conditions.
9.3 The Lessee shall not be entitled to assign its rights and obligations under this Contract to other parties, sublease the car or transfer it to other third parties with other rights, enter into a transportation contract, or carry out similar actions.
9.4 These Conditions and the Act shall be integral to the contract.
9.5 Disputes of any kind conflict arising in connection with, or arising out of, the Contract shall be submitted for examination by the first instance court of general jurisdiction in the Lessor’s location
9.6 This Contract and these Conditions shall be effective upon signing and sealing of the Act regarding the delivery and acceptance of the car and shall remain in effect till the accomplishment of the duties assumed by the contractual parties under these Conditions and the Contract.
The working days and hours:
Downtown office Monday - Friday: 09:00 - 17:00, Saturday 10:00 – 15:00 Sunday and holidays: non-working
Airport - 24/7