CAR HIRE AGREEMENT
This hire agreement (hereinafter the "Agreement") has been entered into in [Place of signing] on [Date of signing] between the following parties:
1. PARTIES
1.1 [Name of the lessor]
Registry code / personal identification code: [Registry code / personal identification code of the lessor]
(hereinafter the "Lessor")
1.2 [Name of the hirer]
Personal identification code: [Personal identification code of the hirer]
Driving licence number: [Driving licence number of the hirer]
(hereinafter the "Hirer")
1.3 The Lessor grants the Hirer the use of the vehicle specified in clause 2 (hereinafter the "Vehicle") for the hire period and the Hirer pays a hire fee for this.
2. VEHICLE
2.1 Make and model: [Make and model of the vehicle].
2.2 Registration plate: [Registration plate].
2.3 VIN code: [VIN code].
2.4 The Lessor hands over the Vehicle in good technical order and in a condition suitable for use in accordance with the contract (Law of Obligations Act (VÕS) § 276 (1)) together with the keys, the registration certificate and the mandatory equipment. The Lessor confirms that the Vehicle has valid motor third party liability insurance.
3. HIRE PERIOD
3.1 The hire begins on [Start of the hire] and ends on [End of the hire].
3.2 The Parties agree on any extension of the hire period before the end of the hire period in a form reproducible in writing.
4. MILEAGE
4.1 The mileage upon handover is [Mileage upon handover (km)] km.
4.2 The mileage is not limited unless a mileage limit is specified below. The mileage limit is [Mileage limit (km)] km (0 means that there is no limit). For each kilometre exceeding the limit, the Hirer pays [Price per additional kilometre (€)] euros.
5. FEE AND SECURITY DEPOSIT
5.1 The hire fee is [Hire fee (€)] euros.
5.2 The hire fee is paid at the time agreed by the Parties; in the absence of an agreement, it is paid upon the termination of the Agreement (VÕS § 294). In the event of delay in payment, the Lessor may demand late interest at the statutory rate (VÕS § 113 (1)).
5.3 The security deposit is [Security deposit (€)] euros (0 means that no security deposit is paid). If a security deposit has been paid, the Lessor returns it after the return and inspection of the Vehicle, less the amounts collectible under the Agreement; the Lessor submits a statement of any amount retained.
6. FUEL
6.1 The Vehicle is returned with the same fuel level as when it was handed over.
6.2 Any missing fuel is filled by the Lessor at the Hirer's expense. The Hirer compensates the cost of the missing fuel and the reasonable costs of refuelling. The Hirer uses only fuel suitable for the Vehicle and compensates for damage caused by the use of the wrong fuel.
7. PERMITTED USE
7.1 The Vehicle may be driven only by the Hirer and the additional drivers named in the Agreement. Additional drivers:
[Additional drivers]
7.2 The person driving the Vehicle must hold a valid right to drive of the relevant category and must not drive the Vehicle under the influence of alcohol, a narcotic or a psychotropic substance. The Hirer is liable for the activities of the additional drivers as for its own activities and does not allow other persons to drive the Vehicle.
7.3 Driving the Vehicle abroad is not permitted.
7.4 The Vehicle must not be used for racing, driving instruction, sub-hiring or towing another vehicle. Furthermore, the Vehicle must not be used to carry dangerous substances or used in a manner that does not correspond to its intended purpose (VÕS § 276 (2)).
7.5 The Hirer pays the fines, parking fees and other parking-related claims, road tolls and fuel costs incurred during the hire period. If these are collected from the Lessor, the Hirer reimburses the amounts paid. The Lessor is entitled to notify the competent authority or the parking operator of the details of the person who used the Vehicle during the hire period.
8. INSURANCE AND DEDUCTIBLE
8.1 Insurance of the Vehicle: [Insurance].
8.2 The Hirer's deductible in the event of an insured event is [Deductible (€)] euros.
8.3 The deductible does not apply and the Hirer is liable for the full extent of the damage if the damage arose due to a breach of the terms of the Agreement, in particular if the Vehicle was driven under the influence of alcohol, a narcotic or a psychotropic substance, without a right to drive or by a person not named in the Agreement, or if the damage was caused intentionally or through gross negligence, and also if the insurer refuses compensation for that reason.
8.4 Motor third party liability insurance compensates for damage caused to third parties in the use of the Vehicle, but not for damage to the Vehicle itself. The Hirer compensates for damage to the Vehicle if the Hirer is liable for it under clause 10.5.
9. DAMAGE AND FAILURES
9.1 The Hirer notifies the Lessor without delay of any failure, damage or traffic accident.
9.2 In the event of a traffic accident, the Hirer calls the police to the scene or completes a report in accordance with the insurer's requirements.
9.3 In the event of a traffic accident, the Hirer calls an ambulance if necessary, documents the scene (including photographs and details of witnesses) and does not admit liability on behalf of the Lessor or enter into agreements on behalf of the Lessor.
9.4 If a failure of the Vehicle occurs, the Hirer stops using the Vehicle if further driving may damage the Vehicle or endanger traffic safety, and follows the Lessor's instructions. The Lessor remedies a failure for which the Hirer is not liable within a reasonable time or replaces the Vehicle with an equivalent one (VÕS § 279 (2)); the Hirer is not required to pay the hire fee for the time during which the Hirer could not use the Vehicle due to such a failure (VÕS § 296 (1)). The Hirer does not repair the Vehicle without the Lessor's consent.
9.5 In the event of theft of the Vehicle, the Hirer notifies the police and the Lessor thereof without delay and hands over the keys and documents of the Vehicle to the Lessor.
10. RETURN
10.1 The Vehicle is returned at the agreed time and in the same condition, taking into account normal wear and tear.
10.2 Upon handover and return, the Parties record the condition, mileage and fuel level of the Vehicle in a handover and acceptance report, to which photographs are attached where possible. The Vehicle is presumed to have been handed over in the condition described in the report (VÕS § 334 (1)).
10.3 If the Hirer does not return the Vehicle at the agreed time, the Lessor may demand, as compensation for the period of delay, a fee corresponding to the agreed hire fee for each commenced 24-hour period, as well as compensation for damage exceeding this (VÕS § 335).
10.4 The Vehicle is returned at the place where it was handed over unless the Parties have agreed otherwise (VÕS § 334 (6)). If the Vehicle requires more than ordinary cleaning upon return, the Hirer compensates the reasonable costs of cleaning.
10.5 The Hirer is liable for the destruction, loss and damage of the Vehicle occurring during the hire period unless the Hirer proves that it occurred in circumstances that did not arise from the Hirer or from a person to whom the Hirer handed over the use of the Vehicle in accordance with the Agreement (VÕS § 334 (2)). Upon the return of the Vehicle, the Lessor inspects it and notifies the Hirer without delay of any defects for which the Hirer is liable (VÕS § 336 (1)).
11. TERMINATION OF THE AGREEMENT
11.1 Either Party may cancel the Agreement extraordinarily for a good reason (VÕS § 313 (1)). The Lessor may cancel the Agreement and demand the immediate return of the Vehicle if the Hirer uses the Vehicle contrary to the Agreement and continues to do so despite a warning, or if the breach is material or intentional (VÕS § 315 (1)).
11.2 If the Hirer is a consumer and the Lessor leases the Vehicle in its economic or professional activities, the Hirer may cancel the Agreement by giving 30 days' advance notice thereof, without the Lessor being entitled to demand compensation for damage caused thereby (VÕS § 322).
12. FINAL PROVISIONS
12.1 A Party is not liable for breach of the obligations arising from the Agreement if the breach is excusable due to force majeure (VÕS § 103). A Party notifies the other Party of a circumstance of force majeure without delay.
12.2 Notices related to the Agreement that have legal consequences are given in writing or in a form reproducible in writing (including by e-mail) using the contact details communicated by the Parties to each other. Amendments to the Agreement are made in the same form.
12.3 Disputes are resolved through negotiations and, failing agreement, in court. If the Hirer is a consumer, the terms of the Agreement do not restrict the Hirer's statutory rights from which a derogation to the detriment of the consumer is void.
12.4 If any provision of the Agreement is or becomes invalid, this does not affect the validity of the remaining provisions. The Agreement enters into force once both Parties have signed it.
13. LEGAL BASIS
13.1 The Agreement is governed by the law of the Republic of Estonia, in particular the Law of Obligations Act. Notwithstanding the title "hire agreement" ("rendileping"), the Agreement is a lease contract of a movable within the meaning of the Law of Obligations Act (VÕS § 271 et seq.), as the Hirer receives the Vehicle solely for use; a contract that also grants the right to the fruits of the thing is deemed a usufructuary lease contract (VÕS § 339).