GENERAL TERMS AND CONDITIONS OF THE VEHICLE RENTAL AGREEMENT
“Owner” is Urban Mobility d.o.o. having its registered office at Zagreb, Zagrebačka cesta 143A, Croatia, VAT number: HR37356306157 (hereinafter referred to as Spin City Rentals), e-mail: email@example.com phone: +385 (0)1 444-0051:
“Renter” is any natural or legal person renting a vehicle or having a vehicle rented for himself/itself, unless the rent is arranged via a commercial agent who received from the User the relevant amount of money for and on behalf of Spin City Rentals for the rent for the agreed term of rent which is indicated on the certificate/voucher from section 4.5 of the Terms and Conditions, in which case the Operator/Operator 1 shall be treated as the renter.
“Operator or Operator 1” is the person taking the vehicle from Spin City Rentals;
“Operator 2, 3, etc.” is person(s) stated in the Agreement who are authorized to operate the vehicle in addition to the Operator (hereinafter: Additional Operator(s); Renter (Operator 1) is responsible that every vehicle operator meets the General Rental Conditions, and every additional operator is responsible for all obligations of Operator 1 in this agreement.
“Consumer” is any natural person using the rent who enters into the rental agreement or acts on the market beyond the scope of its commercial, business, trade or professional activity;
The Renter, Operator and Additional Operator are jointly and severally liable to Spin City Rentals for the fulfllment of and compliance with all provisions of the Terms and Conditions and the Agreement and shall hereinafter be jointly referred to as the “User”, unless the Agreement or context requires otherwise.
“Unauthorized User/Operator” – any person not indicated in the Rental Agreement as an authorized user of the vehicle (except for a person indicated as the user, i.e. operator of the vehicle by a legal person in accordance with Section 9.2.2 of these Terms and Conditions) or any other person not eligible for operating the relevant class and category of vehicle or a person whose authority/driving license has been revoked, was banned and legally sanctioned from operating the vehicle;
“Third Party” shall mean any natural or legal person other than Spin City Rentals and the User of the vehicle being rented
(e.g. passengers in the vehicle, persons outside the vehicle, other participants in traffic, pedestrians, etc.);
“Start of Rent” means the date and time of collecting the vehicle for rent, that is, the time the User is required to collect the vehicle for rent;
“End of Rent” means the date and time of returning the vehicle to Spin City Rentals, that is, the time the User is required to return the vehicle to Spin City Rentals;
“Collecting and Returning Point/drop off” means the Spin City Rental’s place/office where the User collects the vehicle at the beginning of the rent and returns the vehicle at the end of the rent, that is, the location where the User is required to collect and return the vehicle;
“Vehicle” means the vehicle specified in the Rental Agreement, given for rent;
“Rental Agreement” means the individual agreement to be executed at acceptance of a vehicle for rental (hereinafter: Agreement).
2. Subject Matter of Agreement
2.1. These general terms and conditions (hereinafter: General Terms and Conditions) further and more broadly define the contractual relationship define by the basic document – a form signed by the contracting parties as a sign of legal affairs. The terms used in the General Terms have the same meaning as in the Agreement. These General Terms and Conditions contain all forward notice that the consumer and any other User must meet prior to the Lease Agreement. By reserving a rental vehicle by Spin City Rentals or by concluding a rental agreement, the user confirms that he is familiar with these General Terms and agrees to apply them.
2.2. The provisions of the General Terms and Conditions shall be binding on the Contracting Parties in the same way as the provisions of the Agreement. In case of disagreement with the provisions of these General Terms and Conditions of the Contract, the provisions of the Contract are in force. Spin City rentals may change the Contract when it is posible under the General Terms and Conditions. The provisions of the Agreement and these General Terms and Conditions shall apply before the provisions of the enacting clauses regulating the contractual relations of the Contracting Parties.
2.3. Spin City Rentals is entitled to unilaterally amend and supplement these General Terms and Conditions. All modifications to these General Terms and Conditions will be made available to the Renters. It will be considered that the Renter has accepted the amendments to these General Terms and Conditions if within 30 (thirty) days from the day when it becomes available they do not object or otherwise object to any amendments or additions to these General Terms. All Spin City Rentals internal acts are considered to be an integral part of this Agreement.
2.4. Spin City Rentals under this Contract, the Renter shall submit to the use of the vehicle in a condition suitable for the contractual use, while the Renter shall pay the rent, other fees and charges, subject to the terms and conditions set forth in the Contract, the General Conditions and Price Lists of Spin City Rentals. The rent begins on the day of delivery and takeover of the rental object. The duration of the lease as well as the type and brand of the vehicle is the subject of the lease as is specified in the Contract.
3. Terms of Rent
3.1. Entering into the agreement for the rent and use of the Vehicle shall be subject to the following conditions: the User must be at least 18 years old, the User must have held a valid driving license allowing him to operate the relevant vehicle category for at least 1 year (365 days of its issuance), the User must have a valid credit card accepted by Spin City Rentals, whereby he shall guarantee for any liabilities arisen from or in connection with the rent of the Vehicle, subject to these Terms and Conditions and the Agreement.
3.2. As a condition precedent to collecting the Vehicle, the User shall at the time of collecting the Vehicle present to Spin City Rentals such original documents (Identity Card, driving license) that shall demonstrate that he meets the above requirements for operating the Vehicle. Spin city Rentals shall retain copies of such documents for its internal purposes.
3.3. The Operator collecting the Vehicle and executing the Rental Agreement for a Renter being a legal person shall warrant that he is authorized to do so and shall warrant and be liable to Spin City Rentals jointly and severally with that legal person for the compliance with and performance of all obligations hereunder.
4. Reservations and Remote Execution of the Agreement
4.1. If the User wishes to reserve a Vehicle for rent, he may contact Spin City Rentals using different channels (Spin City Rentals’s e-mail: firstname.lastname@example.org, telephone, web, via an intermediary, representatives/agents, etc.). The “Reservation” of a Vehicle rent shall represent an Spin City Rentals’s record whereby the User providing his name and other information he shall be required to provide at such time expresses a wish and intention to rent a certain class of Vehicle from Spin City Rentals as of a particular hour and date and at a particular location (time, date and place of collecting the Vehicle) and to return the Vehicle to Spin City Rentals at a particular time, date and place (time, date and place of returning the Vehicle). The reservation Spin City Rentals receives through the established communication channel can be accepted or rejected in accordance with its rental terms.
4.2. Spin City Rentals shall normally only accept reservations for a particular class/type of Vehicle rather than for Vehicles of particular brands, models, manufacture years or models with particular characteristics that are not common to all vehicles in the class, so Spin City Rentals shall not be required to provide a vehicle of the brand reserved by the User.
4.3. When making his reservation using any of the options described in paragraph 1 of this Section of the Terms and Conditions, the User shall be provided with the available information about the basic price of the rent per day inclusive of VAT as well as information about the additional services, additional equipment and their respective prices and protective clauses under Section 15 of these Terms and Conditions, while any additional fees and costs shall be accounted for in accordance with these Terms and Conditions, the Rental Agreement and the applicable Spin City Rentals’s pricelists.
4.4. Spin City Rentals shall administer such received reservation and may accept or reject it subject to its terms applicable to such rental, availability of the Vehicle, etc. and shall notify the User thereof using an available or established channel of communication.
4.5. At confirmation of a reservation, the indication of the reservation number shall mean that the Rental Agreement has been entered into for the period and the vehicle class/type indicated in such confirmed reservation. For a reservation made and confirmed via representative, agents or via web, the User shall receive at his e-mail address provided by him, i.e. representative or agent, a reservation confirmation, i.e. voucher, which shall be treated as confirmation of executed agreement to the consumer within the meaning of the Consumer Protection Act, whereas a Consumer who made his reservation using any other option of remote communication (e-mail, phone) shall receive his agreement and confirmation of executed agreement at the time he begins to use the rental. Each Consumer who made his reservation using a means of remote communication shall sign the individual Rental Agreement at collection of the Vehicle.
4.6. The contract is considered to have been concluded for a specified period of time which will be specified in the confirmed reservation or lease agreement. Each party shall bear its own costs of using the means of distance communication in the sense of this Article.
5. Cancelling the Reservation and Terminating the Agreement
5.1. If the Consumer or the User wishes to cancel or change his reservation (different class of Vehicle, Start of Rent, End of Rent, rental location, etc.), he shall notify Spin City Rentals thereof in a timely manner as soon as possible, but no later than 24 hours prior to the Start of Rent. Cancellation of the reservation less than 24 hours before the beginning of the rental will be charged on the first day of rent and Spin City Rentals will also retain the right to charge any costs incurred by the user (delivery to another city etc.)
5.2. To be entitled to cancel or change his reservation referred to in the preceding paragraph, the Consumer or the User shall send his statement of cancellation or change of reservation to Spin City Rentals on contact number or e-mail.
5.3. If the Consumer or the User changes his reservation prior to the Start of Rent in relation to the class of the Vehicle or the Start of rent, the End of Rent or the rental location, which must be confirmed by Spin City Rentals, Spin City Rentals reserves the right to change the price of the rental according to the applicable prices.
5.4. In case the Consumer or the User fails to collect the Vehicle on the date and at the time of the Start of Rent without providing a prior notice thereof to Spin City Rentals through the above mentioned contact channels, the reservation shall be deemed cancelled 3 hours following the intended Start of Rent. In such case, Spin City Rentals reserves the right to charge the basic price for the relevant Vehicle class in accordance with the agreed term of the rental.
5.5. A reservation with paid deposit confirms and provides a reservation and is non-refundable if canceled.
5.6. In case the Consumer or the User returns the Vehicle prior to the agreed End of Rent contrary to the preceding paragraph, Spin City Rentals shall be entitled to charge the Consumer or the User for the rental up to the agreed End of Rent and, if the Vehicle is used after the End of Rent, Spin City Rentals shall be entitled to charge the User or the Consumer the Renter up to such time the Vehicle is returned to Spin City Rentals as well as the relevant additional fees payable for returning the Vehicle late.
6. Basic Price of the Rental, Additional Services, Fees and Costs
6.1. Vehicles are rented on a daily basis in accordance with the agreed tariff, where one day means any period of 24 hours since the beginning of the rental contract. After the expiration of that time, an additional day will be charged.
6.2. The basic price of Vehicle rental shall normally only pertain to the price of renting the Vehicle, unless otherwise defined in the pricelist or the Rental Agreement.
6.3. Additional services, fees and charges that are subject to these Terms and Conditions, Rental Agreement and Price Lists of Spin City Rentals are not specifically included in the rental price. The user is obligated to pay Spin City Rentals the basic rental price and additional services he has used (eg, child seats, GPS, additional driver, etc.) as well as any additional charges, services and costs specified in the rental agreement, General terms, legal regulations, pricelist and tariffs of Spin City Rentals.
6.4. The amounts payable for rentals, additional services, fees and costs shall be subject to change according to Spin City Rentals’s business decisions or any changes to tax rates, government levies or regulations. The User may contact Spin City Rentals to obtain information about vehicle rental prices using different channels, including telephone lines, websites, travel agents, representatives, and intermediaries, provided that such information shall be indicative and shall not create any rights or obligations.
6.5. The fees and costs payable separately prior to or on expiration of the rental according to Spin City Rentals’s applicable pricelists and rates shall include but not be limited to:
- the fee for the Additional Operator;
- the fee for Operators younger than 21 years old;
- the fee for one-way rentals, that is, such rentals where the User collects the Vehicle for rental at one Spin City Rentals’s office and returns it at another (not applicable to offices in the same city) or at such location where Spin City Rentals does not have an office;
- the fee for the change of location for the collecting/returning the vehicle
- additional fees for exceeding the relevant number of kilometers compared to the agreed or approved;
- fuel and compensation for pouring fuel, if the vehicle is not returned with the amount of fuel it was rented with;
- the late Vehicle return fee,
- the fee for collecting, delivery or returning the Vehicle after the relevant office’s hours of operation or during non-working days, holidays or memorial days prescribed by the Law on Holidays, Memorial Days and Non-Working Days in the Republic of Croatia;
- the fees for damage to or repair of the Vehicle (depending on other provisions of the Terms and Conditions and the Rental Agreement), as well as any other costs pertaining to resolving, collecting compensation for or repairing such damage (including the relevant legal expenses);
- the liquidated damages from section 15.2.
- damage processing and reporting fees
- the fees for damaged or lost parts, keys or equipment of the Vehicle;
- the fee for lost or damaged Vehicle documents;
- the fee for cleaning the interior of the Vehicle if the Vehicle is returned in a particularly dirty condition, which requires additional cleaning or freshening of the Vehicle. This includes but is not limited to spilt fluids, food, vomit, and any other stains or unpleasant odors including cigarette smoke, etc.;
- any traffic and/or parking charges/fines as well as any other similar fees arisen in connection with the use or operation of the Vehicle (e.g. road tolls, bridge tolls, etc.);
- ferry fees
- airport fees
- the administration fees specified in these Terms and Conditions, the Rental Agreement or Spin City Rentals’s pricelists and rates.
- the fee for GPS
7. Payment terms
7.1. Spin City Rentals accepts credit cards of internationally recognized credit card companies such as American Express, Diners Club, MasterCard and Visa.
7.2. Prior to collecting the Vehicle for rental, the User shall provide his credit card so that Spin City Rentals could have the amount determined at its sole discretion, depending on the Vehicle’s class, term of the rental, etc., preauthorized, or shall give a cash deposit, all as a guarantee of payment of rent, all fees and expenses of these Terms and Rental Agreement. Every person, different from the User, which in the Rental Agreement provides deposit or pre-authorizes their credit/debit card as a guarantee for the obligations of the Agreement, assumes guarantee for all financial obligations of the Rental Agreement as paying guarantor to the amount of the deposit or pre-authorization.
7.3. The User agrees to pay immediately or by the deadline defined by Spin City Rentals, according to the current price list, the rent, expenses, fees, contractual penalties and all other amounts arising or that may arise regarding the rent and use of the vehicle. The responsibility of the Renters, Operator and Additional Operator for the payment of all obligations hereunder and the Rental Agreement, or the related rent and use of the vehicle to Spin City Rentals is joint and several.
7.4. By reserving a rental and signing the Rental Agreement, the User, as well as any other giver of deposit/guarantee, i.e. credit card, authorizes Spin City Rentals to charge his account for all amounts, fees, expenses, contractual penalties, damages, etc., payable according to these Terms and Conditions, the Rental Agreement and Spin City Rentals’s pricelists and rates by charging User’s account, i.e. other giver of credit card, or by collecting from the deposit. The User’s account, or account of other giver of credit card, shall mean the account relevant to the credit or debit card used to preauthorize the relevant amount or any other account as agreed.
7.5. Spin City Rentals may charge the User’s account for the relevant amounts payable during or after the term of the rental if it finds the User to have a liability, or the User may pay such costs as agreed with Spin City Rentals, in any event at Spin City Rentals’s sole discretion.
7.6. If the User fails to pay any amount payable under these Terms and Conditions or the Rental Agreement within the time limit indicated in the invoice, or in the Rental Agreement, or a notice or any other document, Spin City Rentals may, without compromising any other rights it has, charge the User all additional costs as stated below:
- the statutory default interest accruing at the rate defined by the relevant Croatian regulations;
- any costs incurred by Spin City Rentals in connection with any action taken for the purpose of collecting any amount payable to it, whether Spin City Rentals takes such action itself or through a debt collection agency or any other external agency or law firm.
8. Collecting and Returning the Vehicle
8.1. Spin City Rentals shall deliver the Vehicle to the User eligible to rent it in a good and roadworthy condition, including all required documents, parts, accessories and mandatory equipment. The Users shall make any comments regarding the condition of the Vehicle immediately, prior to driving the Vehicle away from the location of its collection.
8.2. The User may not invoke any material defects if it has not acted in accordance with the provision of the preceding paragraph and shall be held liable for the same defects, as well as for vehicle repair, cleaning and any other costs incurred in connection with the established shortcomings.
8.3. The User, by signing a Rental Agreement (with integral part of it – the Record of Vehicle Takeover and Control) confirms that he / she is taking the vehicle in the correct condition, suitable for contractual use, with all relevant equipment and all accompanying documents.
8.4. The User shall return the Vehicle complete with all documents, spare parts and equipment, in the same condition it was in at the time of collecting it, in the place, on the day and at the time indicated in the Rental Agreement and containing the same amount of fuel it contained at the time he collected it for rental.
8.5. Taking over and returning a vehicle out of the office hours is possible at the request of the User, for which Spin City Rentals has the right to charge a fee according to their valid price list. In that case, the User must behave in accordance with the instructions for returning out of working hours, in which case he will remain fully responsible for the vehicle while not returning it to the Spin City Rentals.
8.6. Delivery of the vehicle to the User and takeover of the vehicle from the User outside the Spin City Rentals office, if delivery or return is performed within the city where the branch office which carries or receives the vehicle is not charged by Spin City Rentals. Delivery and takeovers outside of the city branch will be possible if the user accepts a special offer that Spin City Rentals will provide for such a case.
9. Use of the Vehicle
9.1. The User shall:
- return the Vehicle on expiration of the term of the rental at the place and within the period defined by the Agreement, in such condition, with such equipment and containing such amount of fuel as at the time of its collection or earlier at Spin City Rentals’s request, provided that any extension of the agreed term of the rental shall be requested from Spin City Rentals at least 24 hours prior to the expiration of the original term of the rental; otherwise, the User shall be deemed to hold the Vehicle illegally,
- not overload the Vehicle or use it for driver training or transport or towing of other vehicles or trailers, for paid transport of passengers, for races, for testing durability, speed tests, or for committing any illegal acts;
- ensure that only the Operator or the Additional Operator use the Vehicle for their own purposes in accordance with the intended use of the Vehicle;
- not allow any Unauthorized User/Operators or Third Parties to use the Vehicle,
- use the Vehicle properly and treat the Vehicle according to the best business practices,
- not smoke or allow anyone else to smoke in the Vehicle;
- always brake the Vehicle, and lock it after leaving it with its windows closed and take the Vehicle’s keys and document with him and always have them under his personal control, activating all safety systems in case the vehicle has them;
- only drive on public roads, not being under the influence of alcohol or narcotics, in compliance with all relevant traffic regulations and flows,
- ensure that the Vehicle is technically functional i.e. regularly check the coolant, oil and tire pressure levels, etc.;
- refrain from making any modifications on the Vehicle;
- be responsible for all costs in connection with the operation of the Vehicle, fuel, road tolls, bridge tolls, parking charges, fines for violations, and other similar charges,
- not allow for passengers or cargo in excess of the maximum allowed levels stated in the Vehicle’s registration document to be transported in the Vehicle;
- not drive the Vehicle beyond the borders of the EU, unless he notifies Spin City Rentals in advance when making his reservation or collecting the Vehicle, for which Spin City Rentals may charge additional fees in accordance with the Pricelist (cross-border fee). In case of violating such cross-border and territorial restrictions with respect to the use of the Vehicle, the protective clauses applicable to the User as specified in Sections 14 and 15 of these Terms and Conditions shall cease to apply; not assume and is not authorized to assume any obligations on behalf of Spin City Rentals in connection with the Vehicle or its use and operation. The User is liable for all damages caused by insufficient maintenance of the vehicle.
9.2. As an exception and subject to prior written notice given to and consent given by Spin City Rentals, a Renter who is a legal person may allow its eligible employee to use the Vehicle and shall in such case acquaint such employee with the Terms and Conditions of the rental and Operator’s responsibilities, which shall in no case reduce such legal person’s responsibility for complying with these Terms and Conditions and the Rental Agreement.
10. User’s Obligations
10.1. During the term of the rental, the User shall:
- act in a reasonable manner and according to the best business practices when driving and parking the vehicle;
- maintain the coolant and battery fluid in the Vehicle at the required level;
- maintain the oil in the Vehicle at the required level;
- only use the type of fuel specified for the Vehicle in question;
- maintain the tire pressure at the required level;
- refrain from altering the speedometer or odometer readings;
- discontinue driving and immediately notify Spin City Rentals in case a light signal is activated or if the User considers the Vehicle to need a mechanical inspection or repair; and
- ensure that all Operators authorized to use the Vehicle during the term of the rental are fully familiar with and aware of the provisions of the Rental Agreement and these Terms and Conditions.
11. Traffic Violations
11.1. The Renter, Operator, and Additional Operators shall be jointly and severally responsible to Spin City Rentals for any fines or charges relating to traffic and/or parking. In case Spin City Rentals receives a notice of traffic or parking violation/fine committed or incurred during the term of the rental, it may send to the Renter, Operator and/or Additional Operator a copy of such notice as soon as possible and provide the necessary information to the authority responsible for issuing such notice, penalty or fee to the Operator, Additional Operator and/or Renter.
11.2. Spin City Rentals is entitled to charge the Operator/Additional Operator an administration fee of HRK 160 + VAT (if the User is not a Croatian citizen, such fee shall be converted to EUR or the currency of the User’s country at the Croatian National Bank’s exchange rate applicable on the date such charge/invoice is issued to the User) to cover the costs of administration and sending the notice to the relevant authority, the Operator, Additional Operator or the Renter in connection with such traffic and/or parking violations and charges/fines.
11.3. In the event that Spin City Rentals is required to pay for traffic or parking violations, Spin City Rentals will charge the User or his account for the amount of the fee paid, plus interest and other charges. Spin City Rentals reserves the right to charge the above costs without prior notice to the User.
11.4. The User is responsible for traffic offenses and parking fines and after the Rental Agreement is completed. The bill for traffic offenses and parking fines applies even after the final calculation if they are known about only later.
12. Damage, Defect, Traffic Accident, Stolen/Lost Vehicle and Lost Documents
12.1. If the Vehicle is involved in a traffic accident or is damaged, broken or requires to be repaired or salvaged, irrespective of the cause, the User shall stop the vehicle without delay, immediately notify Spin City Rentals and the police of such incident and request a record be made of the event, shall complete a report of such event/damage and shall ensure that the Vehicle does not deteriorate or suffers additional damage.
12.2. The User shall not procure or undertake any repairs without Spin City Rentals’s approval, except to the extent necessary to prevent further damage to the Vehicle or any other property. If the Vehicle requires to be repaired or replaced only Spin City Rentals may provide another vehicle to the User at its sole discretion.
12.3. Particularly in case of a traffic accident, or if the Vehicle is stolen/missing, collision with an animal, fire, burning vehicle, or explosion of Vehicle, the User shall call the police and request a report of the event be made.
12.4. The costs of reporting lost and obtaining new supporting documents for the Vehicle shall be payable by the User according to the applicable Pricelist.
12.5. Spin City Rentals shall reimburse the User for all necessary costs of oil, lubricant, regular maintenance and minor repairs required during the term of the rental, provided such costs are notified to Spin City Rentals in advance and approved by it, except for the cost of washing the rented Vehicle, subject to presentation of a paid bill. Such bill must be issued in Urban Mobility d.o.o. name and shall be recognized by Spin City Rentals if paid in cash to a legal entity.
12.6. If the User is found to have unreasonably or unnecessarily replaced an assembly, part or device on the Vehicle, Spin City Rentals shall not pay the User the value of such part, assembly or device.
12.7. The reimbursement of User’s costs is subject to consent of Spin City Rentals’s authorized person; otherwise, such costs shall not be reimbursed.
12.8. Spin City Rentals shall not be liable for any damage incurred by the User or any passengers in the Vehicle or third persons and their property.
13. User’s Liability for Damage
13.1. The User shall reimburse Spin City Rentals for all the damages incurred to the vehicle or connected to the vehicle and for the damages incurred connected to the use of the vehicle, relating to but not limited to:
- any loss, theft or disappearance of or any damage to the Vehicle or any of its parts, accessories or additional equipment;
- any consequential damage, loss or costs incurred by Spin City Rentals, including the costs of any repair, salvage, losses resulting from the inability to rent the Vehicle, storage charges, damage administration, legal expenses, etc.;
- any loss or damage incurred by any passengers in the Vehicle, Third Parties or their vehicles or property during the term of the rental, i.e. use of vehicle.
13.2. Within the meaning of the preceding paragraph, the User shall in particular be liable for any damage or loss resulting from:
- failure to comply with these Terms and Conditions (in particular Sections 9 and 10 hereof), the Rental Agreement or the applicable regulations,
- improper use of the Vehicle or any action of the User resulting in damage to the engine or its drivetrain;
- insufficient oil levels, filling inappropriate oil or fuel, lack of transmission or differential fluid, coolant or any damage to the oil tank, clutch or any damage to the Vehicle’s undercarriage,
- If such damage has been caused by an unauthorized user or driver. 13.3. The User shall be liable for all other damages incurred as a result of non-compliance with these Terms, Leases and Regulations.
- Spin City Rental will not be liable for any damages that may occur to the user or passengers in the vehicle.
13.3. The User shall also be liable for any other damage resulting from his failure to comply with the provisions of these Terms and Conditions, the Rental Agreement and the applicable regulations.
14. Insurance Against Third Party Liability
14.1. Spin City Rentals vehicles are secured against liability for damage caused by the use of the vehicle to a third party. This security may be invalid if the user violates any of the terms of this agreement, in which case the user fully accepts, without limitation, the possibility of promptly reimbursing any claims against Spin City Rentals by third parties or their insurer, in any case of compensation for damages, additional expenses or the like.
15. Responsibility for the return of vehicles and protective provisions/clauses
15.1. The User shall return the Vehicle undamaged, in the same condition as when rented, in accordance with the other provisions of these Terms and the Rental Agreement.
15.2. Should the User fail to return the Vehicle in accordance with the previous section, undamaged and in the condition in which it was taken, the User shall pay to Spin City Rentals a penal sanction of up to 7,000.00 kn or, if such a contractual penalty is foreseen by the price list, according to the valid price list of Spin City Rentals.
15.3. In addition to the penal sanction, the User shall compensate entire damage to the vehicle or in connection with the vehicle, in accordance with section 13.1. of these Terms and with the Rental Agreement.
15.4. The User’s liability referred to in Section 15.2 and 13, 1a) of these Terms and Conditions (other than the liability for missing additional equipment or parts of the Vehicle) can be limited by contracting the protective provisions/clauses, which must be indicated I the Agreement, and payment within the period referred to under 7.3. these Terms, daily extra/fee for the agreed protective clause referred to in section 15.5. of the Terms according to the applied Spin City Rentals’s pricelist.
15.5. Spin City Rentals offers to the User the possibility of contracting the below indicated protective provisions/clauses and fees :
- CDW (Collision Damage Waiver) – by contracting and paying the fee for this clause, the User’s obligation is reduced/limited to the obligation to pay liquidated damages for section 15.2 of the Terms and Conditions, according to the Spin City Rentals’s pricelist for the relevant class of vehicle. CDW clause does not limit the User’s liability for: destruction of/damage to car tires, wheels or wheel trims, destruction/damage to the Vehicle’s undercarriage, interior or glass, in which case the User, in addition to penal sanction damages, shall compensate to Spin City Rentals for damage to those parts of the vehicle in the full amount of repair.
- CDW + by paying the fee for this clause, in addition to the obligation to compensate the damage referred to in item 13.1.a), the User shall also be released from the obligation to pay the contractual penalty referred to in point 15.2. of Conditions. The CDW + clause does not limit the User’s liability for: destruction / damage to automotive tires, rims or rim covers, destruction of the lower vehicle compartment, interior of the vehicle and the glass, in which case the User, in addition to the contractual penalty, is obligated to compensate Spin City Rentals for damages on those parts of the vehicle in full amount of repairs.
- TP (Theft Protection) – by contracting and paying the fee for this clause in the event of theft of the Vehicle, User’s liability is limited to the payment of penal sanction damages from section 15.2 of the Terms and Conditions.
- WUG (Wheel, Underside & Glass Insurance) –by contracting and paying the fee for this clause, the User is exempted from the liability for the destruction/damage to car tires, wheels or wheel trims, destruction /damage to the Vehicle’s undercarriage or glass. WUG clause does not exempt the User from the liability for damage to the Vehicle’s interior.
By paying a daily surcharge for insurance of passengers (PAI), the Operator and the passengers in the vehicle shall be insured against accidental death and disability up to the amounts specified by the insurer of Spin City Rentals’s Vehicle.
15.6. To be able to exercise its right to limitation of liability referred to in the preceding Section 15.5. of these Terms and Conditions, the User is required to demonstrate that he used the Vehicle properly, complied with these Terms and Conditions, Rental Agreement and regulations, as well as a possible liability of a Third Party for the damage by providing authentic documentation (police report) no later than the time of returning the Vehicle/Rental End or at the time Spin City Rentals provides a statement of the prices, fees and damage; otherwise, he shall not be entitled to the limitation of liability. Without a police record, the full amount of damage or theft will be charged to the client, regardless of the type of insurance purchased. The record should be made even in cases when the customer was not present when the vehicle was damaged (eg the vehicle was damaged by a stranger on the parking lot).
16. Loss of right to protective provisions/clauses
16.1. The User accepts that the Payment of fees for CDW, CDW+, WUG and TP clause shall not limit , or reduce or exclude the material liability of the User under Section 15 of these Terms and Conditions in any of the following events, including but not limited to the following:
- The User operates the Vehicle under the influence of alcohol, drugs or narcotics;
- The User operates the Vehicle at a time when it was unsafe and unfit for driving and became of such condition during the term of the rental, which caused or contributed to its damage and the User was or should have been aware that the Vehicle was unsafe or unfit;
- a mechanical defect, damage to the engine or drivetrain of the Vehicle and/or any electrical or electronic defect occurs as a result of misusing the Vehicle. This exemption also applies to any damage to the engine or transmission as a direct result of any mechanical defect or breakage;
- damage is caused as a result of insufficient engine oil levels, continued driving without oil, using inappropriate oil or fuel, insufficient level of transmission or differential fluids, coolant, or in case of any damage to the oil tank, clutch, transmission or any damage to the Vehicle’s undercarriage;
- The Vehicle is used for races, driver training, durability testing, speed testing, reliability testing, rally races or competitions, or for testing or preparing for any of the foregoing;
- the User failed to brake, and lock the Vehicle with its windows closed and take the keys and Vehicle’s documents with him after leaving the Vehicle and always have them with him and under his personal control or is unable to present the Vehicle’s keys and documents;
- the Vehicle is driven on unclassified roads;
- The Vehicle is operated by an Unauthorized User/Operator or any damage is caused by an Unauthorized User/Operator;
- The Vehicle is operated by an Operator who does not hold a driving license or his driving license has been revoked, or he was banned from operating the Vehicle;
- The User is in violation of any cross-border or territorial restrictions i.e. the User drives the Vehicle beyond the borders of the EU without notifying this to Spin City Rentals when making his reservation or collecting the Vehicle and paying a special fee for that,
- The Vehicle is damaged as a result of violating any traffic regulations, restrictions or prohibitions due to willful misconduct or gross negligence on the part of the User or any persons under his control or responsibility; the Vehicle is overloaded in relation to the manufacturer’s specification provided in the registration document or is used to carry more persons than allowed;
- The Vehicle is loaded or unloaded while on a road;
- The User fails to stop the Vehicle or remain at the scene after an accident and obtain a police report of the event;
- A tire is ruptured or damaged or tires are damaged as a result of using the brakes;
- Any damage is incurred as a result of any cargo transported in or on the Vehicle;
- Any damage is caused to the Vehicle after the agreed term of the rental or after the end of an authorized extension of the rental term.
- Damage caused intentionally or by gross fault/negligence of the User;
- If prior to the rent or occurrence of damage, protective clauses were not already agreed upon and listed on the Rental Agreement.
16.2. The payment of fees for CDW, TP, WUG and CDW+ clauses does not limit or exclude User’s liability in other circumstances provided for by the relevant regulations and insurance rules defining the forfeiting of insurance rights. In addition, such clauses do exclude or limit the liability for the damage on vehicle caused by war operations or riots or any damage due to the loss of/damage to Vehicle’s additional and mandatory equipment, keys or documents.
16.3. User’s liability for any missing or damaged parts, additional equipment or keys and documents of the Vehicle is not limited or excluded by CDW, TP, WUG and CDW+ clauses.
16.4. CDW, TP, WUG and CDW+ clauses do not in any way limit or exclude User’s liability for damage incurred to third parties and their property.
17. User’s Complaints
17.1. The User may submit any complaint or objection in connection with the rental of the Vehicle and the exercise of contractual rights and performance of contractual obligations to Spin City Rentals by mail or by email to: Ø Urban Mobility, Zagrebačka cesta 143A, Zagreb, Croatia, Ø e-mail: email@example.com. Spin City Rentals will respond to the received complaint within 15 days of receipt of the complaint, and reply to the Customer by post or by electronic mail. The Spin City Rentals decision regarding the objection is final.
18. Personal Information and notification
18.1. The User voluntarily agrees to provide to Spin City Rentals its personal information (full name, address, driving license, passport, etc.) as part of the process of reserving the Vehicle and entering into the Rental Agreement. No rental shall be possible without providing such personal information.
18.2. Spin City Rentals shall use such personal information for the purpose of performing the requested service, for further mutual communication and for resolving any disputes. The User authorizes the use of his personal information for such purposes and the provision of his personal information to competent authorities in connection with any traffic/parking violations, for Spin City Rentals’s marketing purposes, and to debt collection agencies/offices.
18.3. Mutual notification, unless otherwise provided in these General Terms and Conditions, will be effected electronically with the obligation to postpone the written notification by post, as recommended. (Notification does not include the sending of such a letter / reminder, etc., in connection with the fulfillment of the financial and other obligations of the User Lessee). The addresses to be notified will be those indicated in the Agreement. The User shall without delay notify Spin City Rentals of the change of address. In the event of failure to do so, it will be considered to be duly notified and to notify the address in the Contract or another address to which the User notified Spin City Rentals if Spin City Rentals has evidence of notification to such address; in such case, when the receipt of the letter is received, the date on which the User will be notified is to be considered (this applies also to the statement of termination).
19. Loss of Personal Property
19.1. Spin City Rentals shall not be liable to the User or any passengers in the Vehicle for any loss of or damage to any items left in the Vehicle neither during the rental nor after the Rental End. By signing the Rental Agreement, the User specifically waives any claims against Spin CityRentals for such losses or damage.
20. Termination of the Rental Agreement
20.1. Spin City Rentals shall be entitled to terminate the Rental Agreement and immediately repossess the Vehicle if the User fails to act in compliance with any provision of these Terms and Conditions or the Rental Agreement, or if the Vehicle is damaged. Such termination of the rental shall not compromise any other rights Spin city Rentals may have under these Terms and Conditions and the Rental Agreement.
20.2. The User has no right to terminate the contract in any case if the rental has begun and if the rental contract is fully completed, ie. after the rental service has been performed and the vehicle is returned.
21. Jurisdiction and Applicable Law
21.1. Spin City Rentals aims to resolve any disputes amicably. These Terms and Conditions are governed by the laws of the Republic of Croatia and any unresolved disputes arisen from or in connection with these Terms and Conditions, and this Rental Agreement shall be subject to the exclusive jurisdiction of Croatian courts relevant to Spin City Rentals’s registered office.
21.2. For all that is not regulated by these Terms or the Rental Agreement, Croatian law applies.
22. Final Provisions
22.1. The provisions of these Terms are subject to change by Spin City Rentals, and the amended terms will be published on the Spin City Rentals website as of when come into effect, unless otherwise stated.
21.2. Spin City Rentals must provide the User with one copy of the Rental Agreement when collecting the vehicle, which must be kept in the vehicle during the rental period and must be presented to the police or other authorized persons upon request.
23.1. Any nullity and / or rejection of any of the provisions of the Agreement or of the General Terms shall not render ineffective the entire Agreement. In that case, the party will replace the invalid provision with the valid one, or the one corresponding to the purpose of the Contract.
23.2. Any addition, supplement or amendment of the Agreement will be valid only if made in writing.
Applied from 1. of June 2017.