Common use of Rights of the Lessee Clause in Contracts

Rights of the Lessee. regarding the vehicle 1. Lessor represents and Lessee acknowledges that the vehicle constitutes the exclusive property of Lessor. Lessor notifies Lessee that for the purpose of purchasing the vehicle it has concluded or may in the future conclude a bank loan agreement and a collateral agreement to secure the loan, pursuant to which the vehicle is, or may be encumbered. 2. The Lessee acknowledges that with the rental agreement Lessee shall obtain only and exclusively a right of possession and use in respect of the vehicle. During the term of the rental agreement, the Lessor warrants to the Lessee the undisturbed use of the vehicle, except for the cases specified in these GTC. 3. In the absence of a written agreement between the Parties to contrary effect, or a written authorisation by the Lessor, the Lessee may not relinquish the use of the vehicle to any third party either free of charge or for a valuable consideration. Persons to whom the Lessor has issued a written authorisation shall not be deemed as third parties, however, both in the case of use constituting breach of contract and authorised assignment of use, the Lessee shall be liable for the conduct of persons whom it has allowed use of the vehicle, as well as for damage or costs arising therefrom. Lessor hereby notifies lessees that if the Lessee rents a car with a foreign license plate, it shall comply with the rules included in Act I of 1988 on Road Traffic when using the vehicle, including keeping a copy of the rental agreement, the lessor’s permission and proof of payment of the registration tax on the lessee’s person. Lessor shall not be held liable for the consequences of the absence of such documents. 4. The Lessee may not dispose over the vehicle as its own, in particular it may not sell the vehicle, pledge the vehicle, or encumber it in any other way, and may not bind it by a contract or otherwise under terms of any kind. 5. Should a third party put forth a claim on the vehicle for any reason, or wish to take any measure in connection with the vehicle that would affect the legal relationship between the Parties in any way, the Parties shall mutually, immediately inform such third party that the vehicle constitutes the exclusive property of the Lessor, that the Lessee is the legitimate user of the vehicle, and that it may be encumbered by the above rights instituted in favour of the Bank. If despite the information provided according to the aforesaid such third party implements any kind of measure in respect of the vehicle, the Parties shall mutually inform one another of this within 24 hours in writing, summarily (by e-mail), and shall independently take all necessary measures by which they shall protect themselves as well as the other Party from loss or other unexpected costs. If any third party implements any kind of measure in respect of the vehicle according to the above, any damage, cost or payment obligation arising therefrom shall be borne by the Party due to which the measure was taken, however, notwithstanding the above, any damage, cost or payment obligation arising from any default under this clause shall be borne by the defaulting Party in each case.

Rights of the Lessee. regarding the vehicle 1. Lessor represents and Lessee acknowledges that the vehicle constitutes the exclusive property of Lessor. Lessor notifies Lessee that for the purpose of purchasing the vehicle it has concluded or may in the future conclude a bank loan agreement and a collateral agreement to secure the loan, pursuant to which the vehicle is, or may be encumbered. 2. The Lessee acknowledges that with the rental agreement Lessee shall obtain only and exclusively a right of possession and use in respect of the vehicle. During the term of the rental agreement, the Lessor warrants to the Lessee the undisturbed use of the vehicle, except for the cases specified in these GTC. 3. In the absence of a written agreement between the Parties to contrary effect, or a written authorisation by the Lessor, the Lessee may not relinquish the use of the vehicle to any third party either free of charge or for a valuable consideration. Persons to whom the Lessor has issued a written authorisation shall not be deemed as third parties, however, both in the case of use constituting breach of contract and authorised assignment of use, the Lessee shall be liable for the conduct of persons whom it has allowed use of the vehicle, as well as for damage or costs arising therefrom. Lessor hereby notifies lessees that if the Lessee rents a car with a foreign license plate, it shall comply with the rules included in Act I of 1988 on Road Traffic when using the vehicle, including keeping a copy of the rental agreement, the lessor’s permission and proof of payment of the registration tax on the lessee’s person. Lessor shall not be held liable for the consequences of the absence of such documents. 4. The Lessee may not dispose over the vehicle as its own, in particular it may not sell the vehicle, pledge the vehicle, or encumber it in any other way, and may not bind it by a contract or otherwise under terms of any kind. 5. Should a third party put forth a claim on the vehicle for any reason, or wish to take any measure in connection with the vehicle that would affect the legal relationship between the Parties in any way, the Parties shall mutually, immediately inform such third party that the vehicle constitutes the exclusive property of the Lessor, that the Lessee is the legitimate user of the vehicle, and that it may be encumbered by the above rights instituted in favour of the Bank. If despite the information provided according to the aforesaid such third party implements any kind of measure in respect of the vehicle, the Parties shall mutually inform one another of this within 24 hours in writing, summarily (by e-mailemail), and shall independently take all necessary measures by which they shall protect themselves as well as the other Party from loss or other unexpected costs. If any third party implements any kind of measure in respect of the vehicle according to the above, any damage, cost or payment obligation arising therefrom shall be borne by the Party due to which the measure was taken, however, notwithstanding the above, any damage, cost or payment obligation arising from any default under this clause shall be borne by the defaulting Party in each case.

Rights of the Lessee. regarding the vehicle 1. Lessor represents and Lessee acknowledges that the vehicle constitutes the exclusive property of Lessor. Lessor notifies Lessee that for the purpose of purchasing the vehicle it has concluded or concludedor may in the future conclude a bank loan agreement and a collateral agreement to secure the loan, pursuant to which the vehicle is, or may be encumbered. 2. The Lessee acknowledges that the vehicle can only be driven by the person who has a permission to drive the vehicle signed by the Lessor. The permission to drive the vehicle is an integral part of the rental contract. 3. The Lessee acknowledges that with the rental agreement Lessee shall obtain only and exclusively a right of possession and use in respect of the vehicle. During the term of the rental agreement, the Lessor warrants to the Lessee the undisturbed use of the vehicle, except for the cases specified in these GTC. 34. In the absence of a written agreement between the Parties to contrary effect, or a written authorisation permission to drive the vehicle signed by the Lessor, the Lessee may not relinquish the use of the vehicle to any third party either free of charge or for a valuable consideration. Persons to whom the Lessor has issued a written authorisation permission to drive the vehicle shall not be deemed as third parties, however, both in the case of use constituting breach of contract and authorised authorized assignment of use, the Lessee shall be liable for the conduct of persons whom it has allowed use of the vehicle, as well as for damage or costs arising therefrom. In the event of unlawful transfer of the use of the vehicle, in addition to constituting a serious breach of contract on the part of the Lessee, the Lessee shall be liable for all damages and costs arising therefrom. Lessor hereby notifies lessees Lessee that if the Lessee rents a car with a foreign license plate, it shall comply with the rules included in Act I of 1988 on Road Traffic when using the vehicle, including keeping a copy of the rental agreement, the lessor’s permission permission, and proof of payment of the registration tax on the lessee’s person. Lessor shall not be held liable for the consequences of the absence of such documents. 45. The Lessee may not dispose over the vehicle as its own, in particular it may not sell the vehicle, pledge the vehicle, or encumber it in any other way, and may not bind it by a contract or otherwise under terms of any kind. 56. Should a third party put forth a claim on the vehicle for any reason, or wish to take any measure in connection with the vehicle that would affect the legal relationship between the Parties in any way, the Parties shall mutually, immediately inform such third party that the vehicle constitutes the exclusive property of the Lessor, that the Lessee is the legitimate user of the vehicle, and that it may be encumbered by the above rights a lien instituted in favour favor of the Bankbank. If despite the information provided according to the aforesaid such third party implements any kind of measure in respect of the vehicle, the Parties shall mutually inform one another of this within 24 hours in writing, summarily (by e-mailemail), and shall independently take all necessary measures by which they shall protect themselves as well as the other Party from loss or other unexpected costs. If any third party implements any kind of measure in respect of the vehicle according to the above, any damage, cost or payment obligation arising therefrom shall be borne by the Party due to which the measure was taken, however, notwithstanding the above, any damage, cost or payment obligation arising from any default under this clause shall be borne by the defaulting Party in each case.