FOR VEHICLE LEASE CONTRACT
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 temporary owning and using the Lessor’s vehicle by virtue of the Lease
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”) by virtue of 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, 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 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 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.
2.3 The Lessee shall indicate in the Act all the defects, damages and all the 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 make an announcement about any other defects further detected, in addition to the ones indicated in the Act at the time of acceptance of the car.
2.4 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.
2.5 In signing the Act the Lessee shall accept the car form the Lessor in the same condition and state, as it was at the time of acceptance.
2.6 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 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.
2.7 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 nonconformity with the data set forth 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 to the information and data regarding the car set forth in the Act executed.
2.8 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 return of the car to the Lessor and the related documents and other conditions describing it, which are reliable and acceptable by the parties.
2.9 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 additional fee. The working days and hours shall be published in the Lessor’s official website.
2.10 When accepting the car the Lessee shall sign the announcement-consent regarding assumption of responsibility for legal violation(s), including administrative one(s) committed by the car. The Lessor shall be entitled to manage this announcement at its own discretion, provide it to any individual, including state bodies.
2.11 Lessor has the right to set 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 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 Republic of Artsakh or in 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 prior to the latter’s operation. The Lessee shall be deemed acquainted with the rules of operation and use of the car upon signing of the contract.
3.6 The Lessee shall not be authorized to perform repairs, renovations, equipments, constructive or any other procedures of the car, install additional devices or equipments, technical means or facilities in the car without a preliminary written consent of the Lessor.
3.7 The Lessee acknowledges that for failure to return the car to the Lessor at the place and within the stipulated period shall be deemed as abduction, and 24 hours later the Lessor shall be entitled to report about the crime to the authorized bodies. In case of 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 thereof. 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
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 and 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 a 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 a 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 of 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 timely pay the fee (hereinafter referred to “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 the pecuniary (payment) obligations before the Lessor, the Lessee shall hand the cash as a deposit to the Lessor in the amount stipulated by these Conditions at the time of signing of the contract. For nonperformance or improper fulfillment of the pecuniary liabilities by the Lessee before the Lessor the latter shall be entitled to meet its requirements before the Lessee using the deposited cash.
6.5 The deposited amount may be provided to the Lessor via a bank card, in cash or by transfer to the Lessor’s bank account. In the case of the bank card, the deposit in the amount of the cash shall be frozen from the card.
6.6 After accomplishment of all the liabilities before the Lessor by the Lessee, the deposited cash shall be returned in full or in part. If the amount of the Lessee’s liabilities exceed 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 from the Lessee to pay the amount of obligations unsecured by the deposited amount.
6.7 The amount of the deposited cash shall total KZT 155.000-170.000.
7. Insurance and Damages
7.1 The car transferred to the Lessee under this Contract shall be insured by the Lessor subject to APPA and KASCO contract conditions on the territory of the Republic of Kazakhstan, Republic of Artsakh and in 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 on basis of 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) 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 Lessor’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 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.
7.5 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.
7.6 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.
7.7 In case of loss, damage of the components of the car or abduction, fire of the car, the Lessee’s responsibility before the Lessor shall not exceed the deposited sum, regardless of the amount of the damage caused.
7.8 The Lessor shall not assume any responsibility for the personal items of the Lessee and other persons, as well as health problems of the passengers of the car.
8. Fees, Fines 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 400 KZT
2. Penalty for violation of the obligations to return the car (overdue return), including
2.1 For the first 2 hour 0 KZT
2.2 In case of expiry of the period between 2 nd and 4 th hours. 3000 KZT per hour.
2.3 In case of expiry of the period between 4 th and 24 hours KZT In the amount of daily rent
3. In case of presence of the conditions as stipulated by Clause 3.10 of this Contract 25000 KZT
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 5000 KZT
1.2 Outside Almaty 100 KZT for 1km
1.3 At the Kazakhstan Airport area 7000 KZT
2. In case of delivery and/or acceptance of the car beyond the working days and/or hours 3000 KZT
3. Additional driver (daily) 16000 KZT
4. Baby car seat (daily) 3500 KZT
5. Full insurance (daily) 6000-7500 KZT
6. Wi-Fi device (daily) 1600 KZT
7. Driver service (daily) 15000 KZT
8. GPS device (daily) 3500 AMD
Additional fees in points 3-7 are paid only for first 10 days, from 11 th day these fees are not paid.
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 become 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, carry out similar actions.
9.4 These Conditions and the Act shall be an integral of 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 deliver 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.