PRIVATE AGREEMENT OF THE AUTOMOBILE LEASE
This agreement is drafted between the company, «K.K.KALDIS EPE» which shall be called hereto forth and for reasons of brevity THE LESSOR, as he is legally represented for the signing of the present documents and, on the other hand, THE LEASE, whose name is inscribe on the front page of the present document, and is subject both to the following terms and to those which are inscribed on the front page of this document. By the present document the Lessor leases, delivers and cedes to the Lessee in accordance with the terms and provisions of the present document, the possession and use of the Automobile, its accessories and equipment which are described on the front page of this document. The said automobile, accessories and equipment will hereto forth be called for the reasons of brevity the Automobile.
This document becomes valid immediately upon the signature date of this document and the delivery of the Automobile , which is describe on the front page of this document. The minimum duration is twenty-four hours (one day).
2. LEASE-ADDITIONAL MILEAGE CHARGES
The Automobile Lease is inscribed on the front page of this document.The lease corresponds fully to the leasing value of the Automobile , white the Lessee acknowledges and walves any right to dispute this. The lease remains constant for the entire duration of the present document and will not be adjusted expect in the case of amendment, in accordance with the decision of the competent authorities, of any of the data which is included in the lease in accordance with the following paragraph 3.2 and are inscribed on the front page of this document (indicatively insurance premiums, administrative fees etc) . In this case lease due must be adjusted accordingly. The lease in its entirely is payable in advance and in cash to the lessor by the Lessee prior to the delivery of the Automobile to the lessee only Credit cards which the Lessor has an agreement with will be accepts. Payment of the lease is evidenced by this document which takes the place of a receipt for service rendered (article 13 of this K.B.S.) and precluding any other evidence, oath for any additional charges it will be the responsibility of the Lessor during the course of the delivery of the Automobile to the Lessee, to issue the relevant receipt. The lease includes all the following data.
(a)The minimum mileage Charge, being 100 kilometers per day,
(b) insurance for death and injury to third parties excluding the driver and passengers,
(c) insurance for material damages to third parties,
(d) full maintenance and repair of the Automobile under the condition that it is used in strict
accordance with the terms and provisions of this document.
(e) replacement of tyres due to normal wear and tear stemming by the use of the Automobile .It explicitly agreed upon that wear and tear to the tyres due to misuse in the part of the Lessee, is solely the responsibility of the Lessee.
(f) classification charges and administrative dues,
(g) provision of 24-hours motor assistance in accordance with the terms and provisions included in the standing motor assistance company,
(h) immediate replacement of the Automobile with another, regardless of class or horse-power, in the case of damage or accident until the initial vehicle is repaired or until the lease ands whichever comes first. In case of total damage or theft of the Automobile, a replacement will be provided within two days, provided the relevant clauses (CDW, TW, See below under 7) have been agreed upon at the time of signing the lease.
The lease of the new Automobile is subject to the terms of this document. Any additional charges must be agreed upon by the Lessor and the Lessee in accordance with the Lessor price list valid at the time. This includes any additional insurance Coverage as specified in article 7 of this document. The lease does not include any sum or expense that is not explicitly included in the relevant position on the front page of this document, and it is entirely the responsibility of the Lessee. Indicatively and not restrictively, the lease does not include the following (a) VAT at lawful percentage at the time, (b) fuel Expenses including the value of the fuel that is missing and a refueling service charge (FC) as published in the Lessor’s official Price List at the time of the rental, (c) fine from traffic or other provision violations and administrative charges, (d) additional mileage used beyond the number included in the lease and inscribed on the front page of this document, (e) relevant dues an taxes of any kind which may be imposed . For any additional mileage beyond the total number included in the lease, the Lessee is required to pay to the Lessor the sum inscribed in the Lessor’s Price List at the time. The final total estimate of the additional mileage will be termination of the validity of the lease and return of the Automobile to the Lessor, in which case the entire sum will be payable by the Lessee.
The Lessee has paid to the Lessor , for the correct implementation of this agreement , the sum which is inscribed on the front page of this document. The sum remains with the Lessor for the entire duration of the lease and dose not apply towards any rentals due. Any refund to the lessee will be made without interest upon expiration of the lease and provided that the Lessee has fulfilled all obligations stemming from the lease . In the case where the lease is terminated through the fault of the Lessee, the Lessor has the right to request for the full restitution of any other damage he may have suffered.
4.DELIVERY-RETURN OF THE AUTOMOBILE
The Automobile was delivered to the Lessee today in the condition described on the front page (Condition Out). The Lessee inspected the Automobile carefully and found it to his complete satisfaction and received it with no reservation. The signing of this document constitutes a delivery of the Automobile, along with the registration permit and all other relevant documents in the same condition that he received them, all the time and place inscribed on the front page of this document. The Lessee is required to announce to the Lessor upon return of the Automobile any fines he may have incurred due to traffic violation or any administrative charges which he is obligated to pay immediately. In any case of omission on the part of the Lessee, he is responsible for any charge burdening the Lessor. In case where the Lessee delays to return the Automobile, the Lessee is required to pay the Lessor the value corresponding to the hours or days of delay, in accordance with the Lessor’s price list valid at the time as well as to fully compensate the Lessor to any passive or active damage.
The Automobile is permitted to be used exclusively and only in accordance with the terms and provisions of his document and only by the Lessee an/or the authorized drivers, the identification information of which is inscribed on this document. The Lessee and authorized drivers are required to pay attention to the Automobile, meticulously inspect its mechanical condition, oil and water valves , the tyres etc. as well as to show every care and take every necessary measure for the regular and smooth operation of the Automobile. Any repair and in general intervention on the Automobile by the Lessee, authorized drivers or any third party is strictly prohibited without prior approval in writing by the Lessor. The Automobile cannot be used (a) individuals under the age of 23 and under the age of 25 depending on the vehicle category as mentioned in the Lessor’s official Price List at the time of rental. By any person who while possessing a drivers license had it revoked during the past 12 months , (b) by any person who does not possess a valid drivers license or has obtained one in the last twelve months, (c) to transport persons or objects for a fee , (d) to tow automobile or other objects, (e) to sublet to other parties, (f) by any third party excluding the Lessee and authorized drivers inscribed on the front page of this document, (g) to transport or move heavy luggage or objects , flammable materials, dirty or malodorous objects, the possessions and transport of which is prohibited by the provisions in force, or which may cause any danger to the safety of the Automobile, its passengers or third parties , (h) outside of Greece without the prior written approval of the Lesser. It is also prohibited to load the Automobile upon a ship without the prior written approval of the Lessor, (i) it is strictly prohibited to drove the Automobile under the influence of alcohol, hallucinogenic drugs, Barbiturates or any other substance which may affect the ability of the driver to operate safely or if he is in a state of reduced ability to drive anything, (j) in violation of any traffic, customs or any other provision in force,(k) for any unlawful purpose or criminal activity, (l) to teach driving to third parties, (m) in violation of any provision of the present document, (g) to participate or spectate motor sports.
In the case of accident or any other incident (fire, theft, loss etc.) the Lessee and / or the authorized driver is required to fallow these procedures within 24 hours : a) Alert the police , b) Note the full name and address of any witness along with any person involved in the incident, c) not recognize any claims made third parties, d) communicate with the Lesser immediately by any means, e) collect any relevant information from any third party and any relevant document or Data (e.g. photographs) and send to the Lesser, f) complete and sing any relevant statement.
7. INSURANCE COVERAGE
The insurance coverage provided is valid under the condition that the Automobile is used in complete accordance with the terms and provisions of this document along with the relevant insurance policies. In any event to be contrary the Lessee and authorized drivers are fully, jointly and completely responsible for the full restitution of any damages that have occurred and have no claim whatsoever against towards the Lessor. The Lessee and authorized drivers are also responsible to fully compensate any damage that is not covered by the relevant insurance policies, which were received and inspected thoroughly upon the delivery of The Automobile. More specifically : a)In case of material damage during the course of the lease, that Lessee is required it pay the Lessor regardless of party of fault, the total of damages and / or expenses that have arisen. This includes any expenses incurred for the repossession and storage of the Automobile, as well as compensation for the inability of its use unless the Lessee has signed acceptance to the C.D.W. on the front of the page of the page of this document.The Lessee and the authorized drivers are also required to pay the Lessor , regardless of C.D.W. acceptance, a deductible amount based on the Lessor’s policy at the time of the incident as published on the Lessor’s official pricelist. The deductible can be waived only if F.D.W. coverage is purchased by signing on the front page, b) in the event of total theft of the Automobile during the course of the lease, the Lessee and authorized drivers are required to pay the Lessor regardless of party at fault, the value of the Automobile based on the retail price offered by the official dealership of the manufacturer in Greece including license plate costs and other expenses which may arise , as well as compensation for inability of its use unless the Lessee has signed acceptance of Theft Waiver upon commencement of the lease in the front page pf this document. The Lessee and the authorized drivers are also required amount based on the lessor’s policy at the time of the incident as published in the Lessor’s official price list. The deductible can be waived only if F.D.W. coverage in purchased by signing on the front page, b) in the event of total theft of the Automobile during the course of the lease, the Lessee and authorized drivers are required to pay the lessor regardless of party at fault, the value of the Automobile based on the retail price offered by the official dealership on the manufacturer in Greece including license plate costs and other expenses which may arise, as well as compensation for inability of its use unless the Lessee has signed acceptance of Theft Waiver upon commencement of the front page of this document. The Lessee and authorized drivers are also required to pay a deductible amount based on the lessor’s policy at the time of the incident as published in the Lessor’s official Price List. The deductible can be waived only if F.T.W. coverage in purchased by signing on the front page. c) The Lessee, authorized drivers and passengers of the Automobile are not covered by personal insurance unless the Lessee has signed acceptance of Personal Accident insurance upon commencement of the lease on the front page of this document up to 15.000 EURO . d) Indicatively and not restrictively, the insurance coverage provided, including the above clauses, does not cover, i) Damages to the underside of the Automobile whilst being driven on the edge of the road (gutter) or on unsealed roads, the repair of which is the full, joint complete responsibility of the authorized drivers , ii)Any damage or loss of luggage of which is not covered by insurance and for which the Lessor has absolutely no responsibility, iii) Damages and tear to the Automobile. The Lessor has the right to collect directly any sums which are paid by the insurance company by force of the present provisions in the case any of the insured events should accur. The Lessee and the authorized drivers do not have, and will not acquire and the right or claim in the said sums. All vehicles are covered by Third Party Liability insurance up to amount of 100.000 EURO for materials damages and the amount of 500.000 EURO for bodily injuries. The Lessee and authorized are fully responsible for any all material damages and/or bodily injuries valued beyond the above mentioned coverage amounts. If any of the above mentioned in clients taxes place the Lessee will be charged an Accident Administration Fee (AF) as published in the Lessor’s official Price List the time of the incident.
8.EXEPTION FROM RESPONSIBILITY
The Lessor is only responsible in case of malice or gross negligence. In all other (including slight negligence, accident or force majeure ) the Lessor has absolutely no responsibility and no claim can be made against him. Also the Lessor has absolutely no responsibility for the loss of objects transported by the Automobile or abandoned in it after its return.
The Lessor has the right in his own judgment and by a relevant written statement to the lease to indicate any third physical or legal entity which will substitute for him in part or in whole with respect to the rights and obligations stemming from the agreement. The Lessee does not have the right to cede any of his rights or responsibilities stemming from this agreement.
The full ownership and possession of the Automobile belongs to the Lessor for the entire duration of the lease. This document is strictly and solely a leasing Agreement and the Lessee recognizes that he does not have and will not acquire any rights other that those mentions restrictively on this document. The Lessee is prohibited from availing in any way, ceding the use or transfer of any rights on the Automobile to any third parties. The Lessee is not and cannot in no way be considered a representative of the Lessor.
Both the Lessee and the authorized drivers of the Automobile are fully jointly and responsible for the full and faithful upholding of all terms and provisions of this document. 11.2. In any case in which the Lessee or authorized drivers violate or attempt to violate any of their obligations stemming from this document, or in the case where the information and other data they provide the Lessor is inaccurate, the Lessor, has the right to either insist on this matter contact or five notice of termination of this leasing Agreement demanding in any way event, the fully restitution of any passive or active damage and payment of any outstanding fees. In the case where notice of termination is given, all dues of the Lessee stemming from this document are rendered automatically and de jure payable and can be claimed. 11.3. In case where the Lessee unilaterally gives notice of this Leasing Agreement prior to its expiration, he is required to have fulfilled all his obligations stemming from his document, particularly those mentioned in the previous article. Any fees paid for the remaining duration of the lease retain with the Lessor by force of a fair and reasonable clause. 11.4. This Agreement is terminated automatically and de jure in the event that the Lessee, if he is physical entity passes away or is placed under legal or judicial restrain, or if it is a legal entry, it is dismantled or placed under liquidation. This document is terminated automatically and de jure in the case of bankruptcy, application for bankruptcy or the arrest of payments on behalf of the Lessee, an any doubts with regards to its solvency as for example, in the case of seizure, auction, compulsory administration of any of his assets.
The failure to exercise or the delay in exercising his rights on the Lessor by force of this document does not constitute and the can in no way be taken to constitute as waiving these
Any differences stemming from the present document including differences regarding its interpretation, force or execution is exclusively the province of the Athens Courts.
14. GENERAL PROVISION
a) All the terms of this present document are considered capital. A breach of any one of them brings about the consequences described in the above article 11. This document, as well as the relevant Special Lease, constitute the full and exclusive agreement between the relevant contacting parties and supersede any contrary agreement written or verbal. The headings of the article have been included solely for the convenience of the contracting parties and cannot be used to interpret this document. b) Since in the present document the contractor are more than one Lessees of the Automobile, they are responsible to the Lessor as a hole with regards to the obligations responsibilities stemming from this document. The default, the reminder and the violation of one of the Lessees as well as any court decision against any of them or any judicial or extra judicial statement of the Lessor to one of them, or his appointed attorney with special authority applies de jure to the others as well.
Any amendment of the terms of this document is valid unless drafted in writing.
Any notification or announcement with regard to this document, whether addressed to the Lessee or the Lessor will communicated to the address inscribed on the front page.