Common use of Lessee’s Rights and Obligations Clause in Contracts

Lessee’s Rights and Obligations. 1. The Lessee undertakes to use the Vehicle solely in accordance with this Agreement and generally binding legislation in force in the country where the Vehicle is used. The Lessee is obliged to use the Vehicle solely for the purposes designated by the manufacturer. The Lessee is obliged to lock the Vehicle when it is not in use and to prevent third parties from accessing the keys or starter card to the Vehicle. 2. To ensure the Vehicle is only used for the purposes specified in this Agreement, the Lessee may not sublet the Vehicle or allow a third party to use the Vehicle without the Lessor’s written consent. 3. To ensure the Vehicle is used in accordance with this Agreement and to prevent or limit the risk of damage to the Vehicle, the Lessee may not use the Vehicle to operate a taxi service, may not use the Vehicle to participate in races or competitions, may not use Vehicle to drive off-road or otherwise subject the Vehicle to more than the permissible load. 4. The Lessee may not let the Vehicle be driven by a person other than the person specified in this Agreement as the person entitled to drive the Vehicle without the Lessor’s written consent. The other person entitled to drive the Vehicle apart from the Lessee is: The Lessee may use the Vehicle to tow trailers or other cars and objects: Not. 5. The Lessee undertakes to look after the Vehicle with due diligence and to keep the Vehicle in a condition fit for operation and to ensure that the state of the Vehicle does not deteriorate compared to the condition the Vehicle was in when handed over to the Lessee, to the extent specified in this Agreement (including the handover protocol) and generally binding legislation. The Lessee may transport animals only in closed transport boxes. It is forbidden to drive the Vehicle into automatic brush car washes or to wash the Vehicle by any other contact method. In order to comply with the Lessee's obligation to maintain the Vehicle in the condition in which it was handed over (e.g. in warm weather it may be impossible to remove insect soiling after a certain period of time), the Lessee is obliged to wash the Vehicle in a non-contact car wash or by himself using a WAP high-pressure cleaner. It is forbidden to use any chemicals to clean and treat the body and interior of the Vehicle and to use any air fresheners. 6. The Lessee undertakes to immediately notify the Lessor of any defects requiring repairs to the Vehicle by phone and subsequently in writing. The Lessee undertakes to notify the Lessor in writing of any damage to the Vehicle, regardless of whether such damage was caused by the Lessee or occurred independently of its will. The Lessee is not entitled to perform repairs or technical modifications to the Vehicle itself or through a third party without the Lessor’s prior written consent, with the exception of the cases specified in Art. VI, paragraph 7 of this Agreement. 7. The Lessee is obliged to perform general maintenance and general repairs of the Vehicle. The term general repairs means any repairs to the Vehicle up to the cost of CZK 5,000, including VAT, per calendar month. The term general maintenance means any maintenance of the Vehicle up to the cost of CZK 5,000, including VAT, per calendar month. The Lessee has the right to the reimbursement of costs for repairs or maintenance from the Lessor exceeding CZK 5,000, including VAT, per calendar month. The Lessee is not entitled to any payment for the maintenance or general repairs of the Vehicle. The Lessee must ensure all repairs are carried out at the authorized service center of the Vehicle’s manufacturer. 8. In order to eliminate or reduce the risk of incurring or increasing damage to the Vehicle and to minimize the cost of restoring the Vehicle to operating condition, the Lessee is also obliged to a) abide by the ban on the use of tobacco products in the Vehicle and regularly check operating fluids, b) notify the Lessor without undue delay of any damage and the need for any repairs to the Vehicle that the Lessor is obliged to perform, c) follow the operating instructions issued by the manufacturer of the Vehicle, in particular, but not limited to, do not load the engine at high speeds before it has warmed up, refrain from aggressive driving (brake - throttle), refrain from hard braking and hard acceleration, d) only fill up the Vehicle with fuel at filling stations with a good reputation (Shell, MOL, Benzina, OMV, RobinOil, Čepro, Pap Oil) and keep fuel receipts for the duration of this Agreement and for 30 days following the end of the rental period, e) refrain from making any changes to the Vehicle without the Lessor’s written consent, f) bring the Vehicle in for repairs and service inspections (including changing from summer to winter tires and vice versa) in a timely manner and accept such restrictions to the use of the Vehicle; the Lessor will not charge the rental fee while the Lessee is unable to use the Vehicle; if the Lessee does not enable the Vehicle to undergo repairs and service inspections in a timely manner, it will be fully liable for any losses or damages that might result, g) immediately notify the Lessor and the Police of the Czech Republic (or the investigative body outside the Czech Republic in case of a trip abroad) in the event of its involvement in a road accident, draw up an accident report on the common European Accident Statement form, provide a list of all persons involved, witnesses, vehicles and other affected items/property, take photographs and proceed in accordance with applicable laws to avoid any reduction in the indemnity to be provided by the insurance company, or to prevent any unauthorized drawing of motor third party liability insurance. The Lessee is not entitled to admit liability to any third party without the Lessor's consent. Likewise, the Lessee is obliged to immediately notify the Lessor, that the Vehicle or its accessories have been damaged by vandalism or stolen, to verbally file a criminal report to the Police of the Czech Republic (or the investigative body outside the Czech Republic in case of a trip abroad) and to subsequently send a copy of the criminal report to the Lessor. h) in the event of damage to the Vehicle (theft, total damage, partial damage, etc.), to assist in the settlement of the claim by providing all necessary cooperation; i) if the Vehicle is stolen or destroyed, immediately return the keys/ starter card and documents relating to the Vehicle to the Lessor, j) notify the Lessor in writing of all changes on the part of the Lessee during the course of the rental period, e.g. a change of company name, a change of registered office, a change of contact telephone number, the company’s statutory bodies and report all such changes immediately. 9. If the Vehicle is damaged or not completely fit for use (e.g. if the Vehicle smells of smoke), the Lessee is obliged to pay the Lessor the rental fee for the entire time the resulting damage needs to be repaired, namely for each day that the repair was carried out. This does not apply in cases where such damage is the result of a road accident caused by another road user, for which the Lessor will be able to successfully claim compensation for damage from the liability insurance of the person who caused the accident. The duration of repairs pursuant to the above means each calendar day, or even part thereof, on which the repair was carried out on the Vehicle, including technological delays. Other delays (e.g. caused by a shortage of spare parts, outages, holidays, etc.) are not included in the duration of repairs. 10. If the rental is terminated, the Lessee is obliged to return the Vehicle to the Lessor in a timely manner. The Lessee is obliged to return all of the Vehicle’s accessories to the Lessor, including the amount of fuel with which it was provided to the Lessee at the start of the rental period. 11. To ensure that the Lessor is able to assert its rights to the Vehicle without unforeseen costs and to reduce the risk of theft of the Vehicle, the Lessee is not entitled to use the Vehicle for trips outside the Czech Republic, or to transport the Vehicle outside the Czech Republic in any other way, without the Lessor’s prior written consent. The Lessor's consent for trips outside the Czech Republic may be granted for certain countries, cities or routes. No fee is charged for the Lessor's consent to travel outside the Czech Republic. In the event of travelling outside the Czech Republic, the Lessee (if he/she will be using toll sections of motorways or other roads) is obliged to purchase a vignette or its equivalent for the entire period during which he/she will be using the toll sections of motorways or other roads. The Lessee shall keep the documents evidencing the purchase of the vignette or its equivalent for the duration of this Agreement and for 30 days following the termination of the lease. 12. When using the Vehicle, the Lessee is obliged to comply with all applicable regulations and laws, particularly road traffic rules and to avoid damaging property or causing bodily harm. The Lessee is aware that any violation of traffic regulations, in particular exceeding speed limits, increases the risk of a traffic accident and thus increases the risk of damage to the Lessor and that it is in the Lessor's legitimate interest to ensure repeated and significant exceeding of speed limits set forth in this Agreement by means of a contractual penalty. In countries where speed limits are not set or are not set for a particular type of road, the Lessee undertakes to comply with the speed limits set out in this Agreement. 13. The Lessee is aware of the fact that the Lessor has entrusted the Lessee with a Vehicle of high value for the rental period and that the reasonable arrangement of the relationship corresponds to the obligation of the Lessee or a person acting on behalf of the Lessee to issue a security blank promissory note to secure the Lessor's claims under this Agreement. The terms and conditions under which the Lessor shall be entitled to fill in the promissory note if the Lessor's claims arising out of this Agreement or in connection with the lease of the Vehicle are not duly and timely paid are agreed in an agreement on a promissory note filling right to be entered into by the Lessor and the drawer of the promissory note at the time of issuance of the promissory note.

Appears in 3 contracts

Samples: Rental Agreement, Rental Agreement, Rental Agreement

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Lessee’s Rights and Obligations. 1. The Lessee undertakes to use the Vehicle solely in accordance with this Agreement and generally binding legislation in force in the country where the Vehicle is used. The Lessee is obliged to use the Vehicle solely for the purposes designated by the manufacturer. The Lessee is obliged to lock the Vehicle when it is not in use and to prevent third parties from accessing the keys or starter card to the Vehicle. 2. To ensure the Vehicle is only used for the purposes specified in this Agreement, the Lessee may not sublet the Vehicle or allow a third party to use the Vehicle without the Lessor’s written consent. 3. To ensure the Vehicle is used in accordance with this Agreement and to prevent or limit the risk of damage to the Vehicle, the Lessee may not use the Vehicle to operate a taxi service, may not use the Vehicle to participate in races or competitions, may not use Vehicle to drive off-road or otherwise subject the Vehicle to more than the permissible load. 4. The Lessee may not let the Vehicle be driven by a person other than the person specified in this Agreement as the person entitled to drive the Vehicle without the Lessor’s written consent. The other person entitled to drive the Vehicle apart from the Lessee is: . There is no charge for an additional driver. The Lessee may use the Vehicle to tow trailers or other cars and objects: Not. 5. The Lessee undertakes to look after the Vehicle with due diligence and to keep the Vehicle in a condition fit for operation and to ensure that the state of the Vehicle does not deteriorate compared to the condition the Vehicle was in when handed over to the Lessee, to the extent specified in this Agreement (including the handover protocol) and generally binding legislation. The Lessee may transport animals only in closed transport boxes. It is forbidden to drive the Vehicle into automatic brush car washes or to wash the Vehicle by any other contact method. In order to comply with the Lessee's obligation to maintain the Vehicle in the condition in which it was handed over (e.g. in warm weather it may be impossible to remove insect soiling after a certain period of time), the Lessee is obliged to wash the Vehicle in a non-contact car wash or by himself using a WAP high-pressure cleaner. It is forbidden to use any chemicals to clean and treat the body and interior of the Vehicle and to use any air fresheners. 6. The Lessee undertakes to immediately notify the Lessor of any defects requiring repairs to the Vehicle by phone and subsequently in writing. The Lessee undertakes to notify the Lessor in writing of any damage to the Vehicle, regardless of whether such damage was caused by the Lessee or occurred independently of its will. The Lessee is not entitled to perform repairs or technical modifications to the Vehicle itself or through a third party without the Lessor’s prior written consent, with the exception of the cases specified in Art. VI, paragraph 7 of this Agreement. 7. The Lessee is obliged to perform general maintenance and general repairs of the Vehicle. The term general repairs means any repairs to the Vehicle up to the cost of CZK 5,000, including VAT, per calendar month. The term general maintenance means any maintenance of the Vehicle up to the cost of CZK 5,000, including VAT, per calendar month. The Lessee has the right to the reimbursement of costs for repairs or maintenance from the Lessor exceeding CZK 5,000, including VAT, per calendar month. The Lessee is not entitled to any payment for the maintenance or general repairs of the Vehicle. The Lessee must ensure all repairs are carried out at the authorized service center of the Vehicle’s manufacturer. 8. In order to eliminate or reduce the risk of incurring or increasing damage to the Vehicle and to minimize the cost of restoring the Vehicle to operating condition, the Lessee is also obliged to to a) abide by the ban on the use of tobacco products in the Vehicle and regularly check operating fluids, , b) notify the Lessor without undue delay of any damage and the need for any repairs to the Vehicle that the Lessor is obliged to perform, Vehicle, c) follow the operating instructions issued by the manufacturer of the Vehicle, in particular, but not limited to, do not load the engine at high speeds before it has warmed up, refrain from aggressive driving (brake - throttle), refrain from hard braking and hard acceleration, , d) only fill up the Vehicle with fuel at filling stations with a good reputation (Shell, MOL, Benzina, OMV, RobinOil, Čepro, Pap Oil) and keep fuel receipts for the duration of this Agreement and for 30 days following the end of the rental period, , e) refrain from making any changes to the Vehicle without the Lessor’s written consent, , f) bring the Vehicle in for repairs and service inspections (including changing from summer to winter tires and vice versa) in a timely manner and accept such restrictions to the use of the Vehicle; the Lessor will not charge the rental fee while the Lessee is unable to use the Vehicle; if the Lessee does not enable the Vehicle to undergo repairs and service inspections in a timely manner, it will be fully liable for any losses or damages that might result, , g) immediately notify the Lessor and the Police of the Czech Republic (or the investigative body outside the Czech Republic in case of a trip abroad) in the event of its involvement in a road accident, draw up an accident report on the common European Accident Statement form, provide a list of all persons involved, witnesses, vehicles and other affected items/propertyitems /property, take photographs and proceed in accordance with applicable laws to avoid any reduction in the indemnity to be provided by the insurance company, or to prevent any unauthorized drawing of motor third party liability insurance. The Lessee is not entitled to admit liability to any third party without the Lessor's consent. Likewise, the Lessee is obliged to immediately notify the Lessor, that the Vehicle or its accessories have been damaged by vandalism or stolen, to verbally file a criminal report to the Police of the Czech Republic (or the investigative body outside the Czech Republic in case of a trip abroad) and to subsequently send a copy of the criminal report to the Lessor. . h) in the event of damage to the Vehicle (theft, total damage, partial damage, etc.), to assist in the settlement of the claim by providing all necessary cooperation; ; i) if the Vehicle is stolen or destroyed, immediately return the keys/ keys / starter card and documents relating to the Vehicle to the Lessor, , j) notify the Lessor in writing of all changes on the part of the Lessee during the course of the rental period, e.g. a change of company name, a change of registered officehome address, a change of contact telephone number, the company’s statutory bodies and report all such changes immediately. 98. If the Vehicle is damaged or not completely fit for use (e.g. if the Vehicle smells of smoke), the Lessee is obliged to pay the Lessor the rental fee for the entire time the resulting damage needs to be repaired, namely for each day that the repair was carried out. This does not apply in cases where such damage is the result of a road accident caused by another road user, for which the Lessor will be able to successfully claim compensation for damage from the liability insurance of the person who caused the accident. The duration of repairs pursuant to the above means each calendar day, or even part thereof, on which the repair was carried out on the Vehicle, including technological delays. Other delays (e.g. caused by a shortage of spare parts, outages, holidays, etc.) are not included in the duration of repairs. 109. If the rental is terminated, the Lessee is obliged to return the Vehicle to the Lessor in a timely manner. The Lessee is obliged to return all of the Vehicle’s accessories to the Lessor, including the amount of fuel with which it was provided to the Lessee at the start of the rental period. 1110. To ensure that the Lessor is able to assert its rights to the Vehicle without unforeseen costs and to reduce the risk of theft of the Vehicle, the Lessee is not entitled to use the Vehicle for trips outside the Czech Republic, or to transport the Vehicle outside the Czech Republic in any other way, without the Lessor’s prior written consent. The Lessor's consent for trips outside the Czech Republic may be granted for certain countries, cities or routes. No fee is charged for the Lessor's consent to travel outside the Czech Republic. In the event of travelling outside the Czech Republic, the Lessee (if he/she will be using toll sections of motorways or other roads) is obliged to purchase a vignette or its equivalent for the entire period during which he/she will be using the toll sections of motorways or other roads. The Lessee shall keep the documents evidencing the purchase of the vignette or its equivalent for the duration of this Agreement and for 30 days following the termination of the lease. 1211. When using the Vehicle, the Lessee is obliged to comply with all applicable regulations and laws, particularly road traffic rules and to avoid damaging property or causing bodily harm. The Lessee is aware that any violation of traffic regulations, in particular exceeding speed limits, increases the risk of a traffic accident and thus increases the risk of damage to the Lessor and that it is in the Lessor's legitimate interest to ensure repeated and significant exceeding of speed limits set forth in this Agreement by means of a contractual penaltypenalty . In countries where speed limits are not set or are not set for a particular type of road, the Lessee undertakes to comply with the speed limits set out in this Agreement. 1312. The Lessee is aware of the fact that the Lessor has entrusted the Lessee with a Vehicle of high value for the rental period and that the reasonable arrangement of the relationship corresponds to the obligation of the Lessee or a person acting on behalf of the Lessee to issue a security blank promissory note to secure the Lessor's claims under this Agreement. The terms and conditions under which the Lessor shall be entitled to fill in the promissory note if the Lessor's claims arising out of this Agreement or in connection with the lease of the Vehicle are not duly and timely paid are agreed in an agreement on a promissory note filling right to be entered into by the Lessor and the drawer of the promissory note at the time of issuance of the promissory note.

Appears in 2 contracts

Samples: Rental Agreement, Rental Agreement

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