VEHICLE LEASE AGREEMENT
In accordance with the Vehicle Lease Agreement (hereinafter shall be referred to as the “Agreement”) made by and between the Parties, the Lessor shall undertake to provide the vehicle specified on the first page of the Agreement to the use of the Lessee and the Lessee shall undertake to accept the property and pay the lease to the Lessor in accordance with the terms and conditions specified in the Agreement.
- RIGHTS AND OBLIGATIONS OF THE PARTIES
1.1. Rights of the Lessor:
1.1.1. The movable property specified on the first page of this Agreement shall be transferred to the Lessee for temporary possession and use in accordance with the terms of the agreement and traffic safety rules.
1.1.2. Along with the Lessee, he/ she shall retain the right to use movable property.
1.1.3. If the Lessee refuses to fulfil the obligations under this agreement, or fails perform them properly, the Lessor may unilaterally terminate the agreement and demand the immediate return of the vehicle.
1.1.4. In accordance with the Artıcle 1.1.3. of this Agreement, the Lessor may take the vehicle from its location to any address using a tow truck or a spare key without notice, in case of ignoring the request for the return of the vehicle by the Lessee or the inability to contact the numbers specified in the contract to inform about this request.
1.1.5. He/ she shall require the Lessee to pay the lease on time and in the amount stipulated by the agreement.
1.1.6. He/ she shall prohibit the Lessee from pledging the right of use.
1.2. Obligations of the Lessor:
1.2.1. The vehicle shall be handed over to the Lessee in a condition that is fully usable and complies with the technical safety standards.
1.2.2. He/ she shall timely and properly fulfil his/ her contractual obligations and not allow their violation.
1.2.3. He/ she shall hand over to the Lessee the documents necessary for driving the vehicle.
1.3. Rights of the Lessee:
1.3.1. He/ she shall accept the vehicle for use and use it in accordance with the terms of the Agreement, the rules of operation of the vehicle and traffic rules provided by the legislation of the Republic of Azerbaijan.
1.4. Obligations of the Lessee:
1.4.1. To provide the Lessor for driving vehicle with identification documents and an international driving license of the persons specified in the agreement.
1.4.2. To pay the lease in the manner and amount stipulated by this agreement.
1.4.3. To supply the car with fuel during the term of the agreement.
1.4.4. To use the vehicle in accordance with the terms of the agreement and not allow it to be made unusable on purpose.
1.4.5. Not to pledge the right of use.
1.4.6. Not to lease (sublease) the movable property used by it to other persons without the consent of the Lessor.
1.4.7. To timely and properly fulfil its contractual obligations and not allow their violation.
1.4.8. To drive the vehicle only within the borders of the Republic of Azerbaijan, in the absence of an additional agreement between the parties.
1.4.9. Not drive a vehicle under the influence of alcohol, drugs, psychotropic substances or other substances that have a strong effect.
1.4.10. It shall be forbidden to use the lease object for hiking, sports competitions, off-road conditions and animal hunting, transport animals, transport goods exceeding the permitted weight, provide services for the transportation of goods and passengers, and tow another vehicle. It shall not be allowed to carry more passengers than indicated in the registration document.
1.4.11. It shall not be allowed to use the lease object by the person not specified in the agreement during the lease term. During the lease term, the Lessee shall be responsible for illegal actions committed during the use of the vehicle by a person not specified in the Agreement.
1.4.12. He/ she shall inform the Lessor about all damages to the leased vehicle during the lease term.
1.4.13. The Lessor has the right to unilaterally terminate the agreement if the Lessee refuses to fulfil the obligations assumed under this agreement or does not perform them properly.
2.1. All settlements between the parties shall be carried out on the basis of the defined cash or non-cash payment method. Payments under this agreement shall be made in the currency of the Republic of Azerbaijan – Manat.
2.2. Payment under the lease agreement should be made in advance. If the Lessee wishes to extend the term of the lease agreement, he/ she may pay in advance the amount of lease calculated for the additional term.
2.3. At the time of signing the lease agreement, the Lessee should pay the amount of the deposit to the Lessor. The amount of the deposit shall be paid in addition to the lease fee; and if the vehicle was not damaged at the time of termination of the agreement and if the additional amount is not charged in accordance with the lease agreement, it shall be fully returned to the Lessee. The amount of the deposit shall be returned within 120 hours if paid in cash, within 1 month if paid with a plastic card.
2.4. If the Lessee has an additional debt to the Lessor under the lease agreement, then this amount should be paid immediately. Otherwise, the Lessee shall pay a penalty in the amount of 0.1% of the debt for each past day in favour of the Lessor.
2.5. While returning the vehicle, if the fuel in the tank is less than the amount available at the time of the lease, a fine in the amount of 10 manats and the cost of the missing part of the fuel is paid by the Lessee to the Lessor based on prices and taxes established by the Tariff Council of the Republic of Azerbaijan.
III. OTHER TERMS
3.1. During the lease term, all obligations arising from the action or inaction of the Lessee in relation to state bodies and third parties related to the vehicle should be fully paid by the Lessee.
3.2. If the Lessee violates the traffic rules during the lease term, he/ she shall be fully responsible for the violation committed by him and at the time of termination of the lease agreement, the Lessee shall pay the fine provided for each known violation of traffic rules and an additional fine of 20 manats. If the Lessee is held legally liable by the state authorities for violating the rules regarding the lease object during the lease term, the Lessor should be provided detailed and reliable information about this, while terminating the lease agreement.
3.3. If information about the violation committed by the Lessee becomes known to the Lessor after termination of the lease agreement, the Lessor shall immediately inform the Lessee about the violation and the Lessee shall fully pay the fine and an additional fine in the amount of 20 manats within 10 days from that date.
3.4. The lessee should return the leased vehicle on the day and time specified in the Agreement. If the Lessee returns the leased vehicle more than 59 (fifty nine) minutes after the return time specified in the Agreement, he should pay the next full day.
3.5. If the Lessee keeps the vehicle for more than the period specified in the Agreement and does not notify the Lessor about it, the incident shall be considered as theft of the vehicle.
3.6 The Lessee returns the leased vehicle to the address specified in the agreement. If he/ she wants to deliver the vehicle to an address not specified in the agreement, he/ she shall inform the Lessor about this and may deliver it to another address, paying an additional fee in the amount of 20 to 50 manats, depending on the distance.
3.7. The Lessee should return the vehicle within the business hours specified by the Lessor. If the Lessee intends to return the vehicle during non-working hours, he shall inform the Lessor about this and, as agreed by the parties, return it to the specified address at the specified address after making an additional payment.
3.8. GPS monitoring equipment may be installed by the Lessor in the vehicle in order to monitor the fleet and ensure safety, and the Lessee shall not be object to monitoring the location of the leased item and the speed of movement.
3.9. If the vehicle leased under the leasing agreement becomes unusable during the leasing period, he/ she may be replaced by another on the voluntary initiative of the Lessor and with the consent of the Lessee.
- REIMBURSEMENT OF DAMAGES
4.1. When returning the vehicle, the defect found in comparison with the delivered condition should be completely eliminated by the Lessee. If the items delivered with the vehicle are lost or unsuitable for return, the Lessee shall pay the Lessor a fine in the following amounts for each lost or damaged item: – Car jack 50 manat, wrench 100-1000 manat, mat 50-200 manat, tire 100-200 manat. It is forbidden to smoke in the vehicle, a fine for smoking shall be charged in the amount of 50 manat. If the vehicle is leased in a dirty condition, 20 manats should be paid for car washing, and 200 manats for dry cleaning.
4.2. If the damage and additional deductions are less than the amount of the deposit, upon termination of the contract, the Lessor withholds this amount from the amount of the deposit and returns the unused balance to the Lessee. If the amount of losses and additional deductions exceeds the amount of the security deposit, the Lessor withholds the full amount of the security deposit and requires an additional amount from the Lessee.
4.3. In the event of a traffic accident, the Lessee should immediately notify the Lessor. During the event, the Lessee should perform in accordance with the requirements established by the insurance company. The Lessee shall undertake to obtain the documents required by the Insurance Company from the state authorities to compensate for the damage caused in connection with the insured event. If the insurance company refuses to pay, the damage should be fully reimbursed by the Lessee.
4.4. When the damage is reimbursed by the insurance company, the Lessee should fully pay the franchise (exemption) amount.
4.5. If the car is leased without casco insurance at the time of concluding the lease agreement, the damage caused to the vehicle will be paid in full by the Lessee.
4.6. In case of damage to the vehicle during the lease period under the lease agreement, the lease fee shall be paid in full by the Lessee for the period the vehicle is under repair. If the lease period ends when the car is being repaired, the Lessee should pay an additional payment of up to 50% of the daily lease for each day that has passed until the car is out of repair.
4.7. If the vehicle is damaged during the lease period under the lease agreement, the repair works should be carried out at the repair centre specified by the Lessor. In the case of the Lessee’s initiative, to carry out the purchase of spare parts and repair work at a different address, and if the Lessor does not object to this, the Lessee should agree with the requirements of the Lessor regarding the quality of repairs and spare parts. If the quality of the repair performed and the installed spare parts do not meet the requirements of the Lessor, the car shall be delivered to the repair centre specified by the Lessor; and the costs of eliminating non-compliances (repairs, the cost of spare parts and up to 50% of the lease fee for each day of downtime) shall be paid by the Lessee in full.
- MODIFICATION, TERMINATION, EXTENSION AND ADDITIONAL TERMS OF THE AGREEMENT
5.1. This agreement shall enter into force from the moment of its conclusion.
5.2. In case of early termination of the lease agreement at the request of the Lessee, the lease fee should be paid in full within the period specified in the agreement.
If the lease fee has been paid to the Lessor in advance, the lease fee paid for the unexpired term of the agreement under the agreement shall not be returned to the Lessee;
5.3. In cases of force majeure, the parties shall not bear any financial or other liability in relation to each other for non-fulfilment of the terms of the agreement.
5.4. It shall be allowed to change the terms of this agreement and make additions to it with the consent of the parties. All additions and changes made to the agreement become legally binding after being approved by the signatures of the parties and are added to the contract as an integral and integral part of the contract. Additions and changes made unilaterally shall not have any legal force.
5.5. The act of acceptance of the leased vehicle under the lease agreement is an integral part of this agreement and shall come into force from the moment it is approved by the signatures of the parties. The act of acceptance consists of 2 parts, the condition of the vehicle before and after the lease shall be determined based on the mentioned act.
- SETTLEMENT OF DISPUTES
6.1. The disputes between the parties related to the execution of this agreement shall be resolved by mutual agreement. The place of execution of this agreement shall be the legal address of the Lessor (Baku city, Yasamal district, N.Narimanov street 205), and if the parties fails to resolve all disputes related to the agreement through negotiations, the disputes shall be resolved in the Yasamal District Court in Baku city.
6.2. Relations not regulated by this agreement shall be regulated by the Civil Code of the Republic of Azerbaijan and other legal acts.
TERMS OF HANDOVER ACT
- This act shall reflect the internal and external current condition of the leased vehicle at the time of its handing over by the Lessor and acceptance under the lease agreement.
- When returning the vehicle, the deterioration found in comparison with the delivered condition should be completely eliminated by the Lessee.
- The Lessee shall not be responsible for changes in wear and tear that occurred during the using of the vehicle in accordance with the terms of the Lease Agreement and the rules of operation.
- The amount calculated to eliminate the damage caused by the Lessee should be paid on the basis of a document provided by the Lessor.
- If the Lessee improves the object of leasing at his/ her own expense without the written consent of the Lessor and can not leave without damaging the object of leasing, upon termination of the lease agreement, the Lessee shall not be entitled to claim compensation for the cost of such improvements.
- At the time of return, the amount of fuel in the tank of the automobile should not be less than the amount available at the time of lease; otherwise the cost of the missing part of the fuel in the tank of the automobile and the fine of 10AZN shall be paid by the Lessee to the Lessor, calculated according to the price determined by the Tariff Council of the Republic of Azerbaijan.
- At the time of return, the vehicle should be in a clean condition. Otherwise, the cost of washing the automobile should be paid by the Lessee.
- The Lessee shall be obliged to ensure that all levels of liquids (oil, water and etc.) in the vehicle are in the required quantity and, if necessary, inform the Lessor about this. Any damage caused by non-compliance with this requirement shall be borne by the Lessee.
- In the event of a traffic accident, the Lessee should immediately notify the Lessor and the insurance company. During the event, the Lessee should perform in accordance with the requirements established by the insurance company. The Lessee shall undertake to obtain the documents required by the Insurance Company from the state authorities to compensate for the damage caused in connection with the insured event. If the insurance company refuses to pay, the damage should be fully reimbursed by the Lessee.
- When the damage is reimbursed by the insurance company, the Lessee should fully pay the franchise amount.
- If the Lessee refuses to insure the automobile at the conclusion of the lease agreement, the damage caused to the car is fully paid by the Lessee.
- When returning the vehicle, the Lessee should hand over things and documents related to the lease object. If items or documents related to the lease object are not returned, the Lessor has the right to demand from the Lessee the current market price of this item or the amount of the penalty determined between the parties.
- All disputes arising from these Terms or arising from the Terms shall be resolved by mutual agreement of the parties. If the parties cannot reach an agreement, the dispute shall be resolved in the relevant courts of the Republic of Azerbaijan.
- For the loss of the technical passport or the state registration plate of the automobile, the Lessee should pay separately 600 manats.
In the case of accident: +994 55 204 08 44
In every technical failure: +994 55 204 91 00
TERMS OF RENT A CAR
– The Lessee should have valid driving license with driving experience not less than 3 years;
– For foreigners – valid international driving license;
– The Lessee should have valid identification card, for foreigners having temporary registration – temporary residence permit, for guests and tourists – passport.
– For car rent the Lessee should have valid credit card;
– There are age limits for cars of Prestigious, Luxury, 4×4 classes. The Lessee should be older than 21.
– Total amount for car rent includes:
- Mileage limitations – 250 km per day or 5000 km per months;
- Mandatory Third Party Liability (MTPL)
– Total amount for car rent does not include:
- VAT 18 %;
– The payment is made in Azerbaijani manats;
– The payment may be made in cash or by card systems: Visa, VisaElectron, Master Card
– On rent the Lessee should deposit according to automobile category (this amount is blocked on credit card);
– On car rent the cash deposit may be made in one of Lessor’s office and the car return should be made at the same office where is was rented (this rule is valid only on the territory of Azerbaijan);
|Cash / CC*
|Cash / CC*
|Cash / CC*
|Cash / CC*
|Cash / CC*
|Cash / CC*
|Cash / CC*
|Cash / CC*
|Cash / CC*
|Cash / CC*
|Cash / CC*
|Cash / CC*
|Cash / CC*
|Cash / CC*
|Full Size Elite
|Toyota Land Cruiser
|Cash / CC*
|Cash / CC*
|Cash / CC*
*CC – Credit Card
INSURANCE TERMS FOR CAR RENT
Mandatory Third Party Liability (MTPL):
– All automobiles are insured on the civil liability risk.
– The insurance does not cover cases if the automobile was used with breach of rent-a-car contract and/or insurance terms. Such cases are: transportation of dangerous and flammable substances, driving a car in alcoholic or drug intoxication or refusal to pass alcohol test, etc. In these cases the Lessee is liable for traffic accident.
– In case of an accident or any other damage to the car, it is mandatory to call +994552040844 an employee of our company. Otherwise any damage is the responsibility of the renter.
PICK-UP and RETURN OF AUTOMOBILES
On working hours
– Baku Main Office (N.Narimanov str. 205) from 09:00 till 18:00 – free of charge;
– To all locations in Baku (excluded Baku Main Office) delivery fee is – 20 AZN
– Rent-a-car at the airport is – 20 AZN
On non-working hours, days off and holidays
– Pick-up and return – 20 AZN.
RENT-A-CAR with return to other office or other towns
– Rent-a-car with return to other office is possible only within Baku;
– Rent-a-car with return to other office is possible
Baku – Gabala – 130 AZN;
Baku – Ganja – 150 AZN;
Qabala – Ganja – 50 AZN;
Rent-a-car with return to other office is not possible
– Rent prolongation
Rent prolongation is possible only at the same rent-a-car point.
AREA LIMITS AND OPERATION ABROAD
– Exit of automobile beyond the borders of Azerbaijan is prohibited.
– Exit of automobile to the territory of Georgia and Turkey is possible only upon Company’s permission under Company’s power of attorney and payment of all costs for rent:
ADDITIONAL SERVICES AND ADDITIONAL PAYMENTS
Driving right for additional driver
– Payment for each additional authorized driver is 5 AZN per day and 250 per month.
Payment for additional mileage
– If the mileage exceeds determined by tariff the payments is calculated as 0.2 AZN per km.
PAYMENT FOR REFUELLING
– The rented car should be returned with as much fuel as was presented to the Lessee, otherwise the Lessee will be charged with fixed amount per one liter of refueling.
Car seat (0 months/7 years): 8 AZN per day.
Wi-Fi Portable: 49 AZN (Unlimited 30 GB , after 30 GB speed 64 kb/s)
– VAT – 18 %;
– All tariffs for rent-a-car do not include VAT;
RENT-A-CAR CANCELLATION TERMS
Order should be cancelled 24 hours prior booking date and rent time.
If the order is cancelled less than 24 hours prior booking – the customer will be charged for 50 % of daily rent
The Lessor is entitled to reject potential Lessee’s request for car rent without explanation prior to conclusion of contract (even if the booking has been already made).
|TYPE OF VEHICLE
|SIZE OF VEHICLE
|A / C
|Full Size Elite
|Open Air All Terrain
|Commercial Van / Truck
|Pick up Regular