Liability of the Lessee. 9.1. Since the beginning of use of the Vehicle (Section 5.1.1 of the Rules) until the end (Section 5.1.7 of the Rules), the Lessee shall be fully liable for the Vehicle and he shall assume the risk and liability of hazardous source manager. 9.2. In any case, application of penalties determined in the Agreement and/or the Rules does not release the Lessee from the obligation to perform undertakings indicated in the Agreement and/or the Rules. 9.3. Failure to execute the rights provided in the Agreement and/or the Rules by the Lessee shall not constitute a waiver of such rights and partial execution of such rights shall not preclude further execution of such rights. 9.4. In case the Lessee fails to inform the Lessor about the damage, defects and/or other incompatibilities of the Vehicle, its equipment and/or documentation until the actual use of the Vehicle, the Lessee shall be liable for all the latter unveiled damages, incompatibilities and defects of the aforementioned. 9.5. In case the Lessee breaches the Road Traffic Rules and/or other legal acts which results in additional actions being performed by the Lessor (e.g. forwarding police notices, etc.), the Lessee shall pay the penalty set forth in the List of Penalties, as well as reimburse all the losses of the Lessor incurred due to such breach. 9.6. In case the Lessee breaches the Rules/Agreement, penalties determined in the List of Penalties and in the Agreement shall be applied. The Lessee acknowledges that such penalty is modest and reasonable and agrees that it should not be reduced because upon agreement of the Parties, such penalty is considered as minimal and needless of proof losses of the Lessor, incurred due to the activities of the Lessee that breached the Rules/Agreement.
Appears in 3 contracts
Samples: Vehicle Lease and Services Agreement, Vehicle Lease and Services Agreement, Vehicle Lease and Services Agreement
Liability of the Lessee. 9.1. Since a) The Lessee is fully liable to the beginning of use contractually agreed deductible in accordance with the general statutory provisions for damage to the operational state of the Vehicle vehicle, in particular as a result of operating errors, breakage, damage caused by cargo, and loss of or damage to vehicle documents or accessories.
b) The Lessee is liable to the Lessor for vehicle damage, vehicle loss (Section 5.1.1 including vehicle parts), and any FURTHER damage caused by the Lessor as a result of the Rulesbreach of contract obligations, as far as the Lessee is responsible for the damage or loss, according to the following provisions:
c) until In the end (Section 5.1.7 case of the Rules)slight negligence, the Lessee shall be is only liable to the contractually agreed deductible per claim for the duration of the agreed use in case of vehicle damage and vehicle loss insofar as these Terms and Conditions do not impose any extended liability. If the Lessee is late in returning the vehicle, he/she is fully liable for all damages resulting from the Vehicle and he shall assume occurrence of the risk and liability of hazardous source managerdelay in accordance with the legal requirements.
9.2d) The limitation of liability to the contractually agreed deductible shall not apply to damage caused intentionally by the Lessee. In any this case, application of penalties determined in the Agreement and/or the Rules does not release the Lessee from is liable for the obligation to perform undertakings indicated in full amount. In the Agreement and/or the Rules.
9.3. Failure to execute the rights provided in the Agreement and/or the Rules by event that the Lessee shall not constitute a waiver causes the damage by gross negligence during the agreed period of such rights and partial execution of such rights shall not preclude further execution of such rights.
9.4. In case the Lessee fails to inform the Lessor about the damage, defects and/or other incompatibilities of the Vehicle, its equipment and/or documentation until the actual use of the Vehicleuse, the Lessee shall be liable to the Lessor for all damage to the latter unveiled damages, incompatibilities vehicle and defects loss of the aforementioned.
9.5vehicle proportionate to the extent of the culpably caused damage up to total loss or damage. The limitation of liability on the contractually agreed deductible shall also not apply insofar as the Lessee breached any of the provisions set out in Clauses 2 (minimum age of the driver), 8 (vehicle return and acceptance), 10 b,d,e,f (obligations), and 11 (what to do in case of accident or damage). In such cases, the Lessee is liable for the full amount of any damages for which he/she is responsible. In case of gross negligent breach of these contractual obligations during the Lessee breaches the Road Traffic Rules and/or other legal acts which results in additional actions being performed by the Lessor (e.g. forwarding police notices, etc.)agreed period of use, the Lessee shall pay be liable to the penalty set forth Lessor for damage to the vehicle and loss of the vehicle in an extent corresponding to the List severity of Penaltiesthe fault up to the full amount of the loss or damage. The Lessee shall bear the burden of proof for the non-existence of gross negligence. The limitation of liability is not excluded if the infringement of the contractual obligation has no influence on the occurrence of damage or the determination of the damage, as well as reimburse all the losses existence of the Lessor incurred due to such breachprerequisites for the limitation of liability. This does not apply in the case of malicious behavior.
9.6. In case e) Otherwise and after the expiration of the agreed rental period, the Lessee breaches is fully liable according to the Rulesgeneral legal regulations.
f) Multiple Lessees are jointly and severally liable.
g) The Lessee is liable without limitation for all violations of traffic regulations, laws, or other statutory provisions, as well as for any unlawful entry which he/Agreement, penalties determined in she or third parties to whom the List of Penalties and in Lessee gave the Agreement shall be appliedvehicle have perpetrated. The Lessee acknowledges that such penalty is modest undertakes to release the Lessor from liability in full for all charges, duties, fines, penalties, and reasonable and agrees that it should not be reduced because upon agreement other costs incurred during the use of the Parties, rented vehicle. Notices of any such penalty is considered as minimal and needless of proof losses of charges received by the Lessor, incurred due Lessor will be passed on to the activities Lessee with the addition of a processing fee according to current price list, unless the Lessee proves that breached the Rules/AgreementLessor has incurred no expense or a lesser expense and/or damage. The Lessee must pay any toll fees in full and on time for the use of toll roads.
h) As long as the debt issue is not clear, the Lessor is entitled to withhold the deposit.
Appears in 2 contracts
Samples: Rental Agreement, Rental Agreement