General vehicle rental terms

1. Agreement – is the instrument that sets out the general rules that apply to vehicle rental under the "HAK RENT A CAR" brand.
2. Rental company – is the legal entity that provides the vehicle rental service for the HAK RENT A CAR brand, as named in the agreement.
3. Vehicle user – is the natural or legal person who accepts all rental terms set out in this agreement (hereinafter the Renter) and undertakes to:
   1. return the vehicle to the Lessor on the agreed date and at the agreed place, as written in the agreement, or earlier if the Lessor insists. If the vehicle is not returned at the agreed time, a fee is charged according to a separate price list,
   2. check the vehicle thoroughly before pick-up,
   3. request a correct report on the condition of the vehicle and additional equipment if there is unrecorded damage or if the list of equipment and the fuel level have been recorded incorrectly.
4. HAK-USLUGE d.o.o., Vinkovačka 3, Kutina, OIB: 27985234094 (hereinafter the Lessor) is the owner of the vehicle rented to the Renter under the terms set out in the rental agreement.
5. Vehicle – The Lessor must provide the vehicle and all prescribed mandatory safety equipment („the vehicle") in good technical condition, with tax duly paid and valid registration. Within the EU, the Lessor must provide vehicles with compulsory third-party liability insurance.
6. Use of the vehicle – The Renter must:
   1. drive and use the vehicle conscientiously and carefully in accordance with the laws of the country in which the vehicle is being driven,
   2. use the correct fuel,
   3. lock the vehicle when it is not in use and make sure that all windows, sunroofs, the convertible roof or the bonnet are properly closed,
   4. stop using the vehicle immediately if a problem is noticed and inform the Lessor.
7. The vehicle must not be used:
   1. for commercial purposes without the Lessor's prior approval, for any motor sport (recreational or professional) or for off-road driving,
   2. under the influence of alcohol, drugs, narcotics or other intoxicating substances that could impair awareness or the ability to react,
   3. to tow another vehicle or trailer, or to transport flammable, explosive, corrosive or combustible materials,
   4. by anyone other than an authorised driver.
8. Young driver:
   1. the minimum age is 21 years
   2. the agreement requires at least 1 year of driving experience
   3. if the driver is younger than 21, a special fee of EUR 4.98 + VAT per rental day will be charged.
9. Rental agreement - is the document that defines all rental terms, with all details about the vehicle, prices, pick-up and return dates, including information on possible charges for liability for the vehicle in the event of damage or failure to respect the return place and time. The Renter will pay the price stated in the open agreement if there is no change to the return time and place, fuel level or damage to the vehicle. Fines and other traffic offences will be charged subsequently, once received from the police or competent institutions, if the Renter did not present them when returning the vehicle.
10. Rental duration - The Renter must pay a higher rental price if the rental period changes or if the agreed mileage is exceeded. The Renter must pay a one-way rental fee if the vehicle is returned to a place other than where it was picked up, and the vehicle must be returned to one of the Lessor's branches. VAT is charged on these prices. The agreement starts at the recorded start time and ends at the end time.
11. Pre-authorisation - is an amount blocked on the credit card provided by the customer when the agreement is opened or the vehicle is booked. Pre-authorisation amounts may vary depending on the vehicle category, additional insurance and rental length. The Renter should make sure sufficient funds are available, as payment is taken at the end of the rental. A charge is made if necessary, i.e. if there are deviations from the initial outgoing invoice for the rental. If payment is made with a different card, the transaction may take between 14 and 30 days, depending on the card-issuing bank.
    1. pre-authorisation amount for basic insurance (CDW/TP) – MBMR, MCMR, MDMR EUR 800.00 (incl. VAT)
    2. pre-authorisation amount for basic insurance (CDW/TP) – EBMR, ECMR, EDMR, EDAR EUR 960.00 (incl. VAT)
    3. pre-authorisation amount for basic insurance (CDW/TP) – CBMR, CCMR, CDMR EUR 1,120.00 (incl. VAT)
    4. pre-authorisation amount for basic insurance (CDW/TP) – CWMR, CGAR, CGMR, IDMR, EWMR EUR 1,200.00 (incl. VAT)
    5. pre-authorisation amount for basic insurance (CDW/TP) – SDMR, GFAR, PVMR EUR 1,440.00 (incl. VAT).
12. Payment - The Renter must pay the total amount of the concluded agreement to the Lessor's account, together with all associated costs of extending the rental and of theft of or damage to the vehicle and equipment. The Renter must accept all subsequent costs such as traffic fines, illegal parking, damage to third-party property and the like incurred during the rental. The calculation will use the current price lists for original parts and labour hours in the Republic of Croatia approved by the Lessor, as well as other costs incurred by the Lessor during the time spent on repairs. If the booking is calculated in a foreign currency, the bank's selling rate increased by 4% for possible exchange rate fluctuations will be used.
13. By signing the rental agreement, the Renter agrees to be charged for all costs incurred during the rental.
14. Damage excess – is the amount of the Renter's liability in the event of damage to the vehicle. Additional insurance that can be purchased at vehicle pick-up is used to cover damage, bodily injury to the driver, and damage to and bodily injury of third parties. The current price lists for all services are published on the Lessor's official website www.hak-rentacar.hr. The Renter will be liable for the total damage to the vehicle up to the total estimated value of the vehicle if the damage is caused intentionally or through gross negligence. The Renter must pay a damage handling fee in all cases where damage or missing equipment and parts on the vehicle are established.
    1. damage handling fee: EUR 50.43 + VAT
    2. parking fine handling fee: EUR 29.86 + VAT
    3. lost documents: EUR 331.81 + VAT
    4. lost keys: according to the current price list of the authorised service centre
    5. fuel tank refuelling service: EUR 26.54 + VAT, plus the number of litres of fuel needed to restore the original level
    6. lost licence plate: EUR 132.72 + VAT.
15. HAK assistance (24/7) for short-term rentals includes the services listed below and is available by calling +385 1 4693 755:
    1. arrival at the breakdown location within 45 minutes
    2. call-out of a qualified mechanic (for faults that can be fixed on the spot),
    3. if necessary, transport of the vehicle to the nearest authorised car repair workshop or the nearest competent workshop,
    4. transport of a vehicle damaged in a traffic accident to the nearest authorised car repair workshop or the nearest competent workshop,
    The fee for these services is EUR 10 + VAT per day. If the Renter does not choose the additional HAK assistance service, they must pay all possible roadside assistance costs and HAK contact center service costs of EUR 30.00 + VAT per opened case.
16. The Renter must notify (I) the police immediately, (II) the HAK contact center immediately (tel: +385 1 4693 755) and (III) HAK Rent a Car (tel: +385 72 1987 00) during working hours if the vehicle has been involved in a traffic accident; or contact (II) the HAK contact center immediately and (III) HAK Rent a Car during working hours if the vehicle has been immobilised for any other reason; or (I) the police immediately and (III) HAK Rent a Car during working hours if the vehicle has been damaged, even if no third party is involved. If the vehicle is lost, stolen or damaged, the Renter must, to the extent permitted by law, pay the damage excess stated in this rental agreement, all taxes and the compensation or handling fee. The Renter must pay for any damage (damage, loss, theft of parts, loss of profit), regardless of any add-ons paid, if the damage occurred through use of the vehicle contrary to the provisions of the Agreement and the General Terms, or through gross negligence or intent. Insurance in no case covers damage to the interior of the vehicle, damage caused by a lack of engine oil or filling with the wrong type of fuel, damage caused by a driver under the influence of alcohol, drugs or other intoxicating substances, damage caused by an unauthorised driver, or a traffic accident that was not reported to the competent police station, regardless of who is at fault. The Renter undertakes to take part in all proceedings to recover damages from a third party; otherwise, the Renter must bear the costs of the accident alone.
17. The damage excess will not apply in the circumstances set out in chapters 12 and 18 on Limitations of liability. The Lessor will try to recover the excess and other costs from the party at fault if the Renter can prove that the damage, theft or loss was not caused by their fault, wilful breach, fraud or gross negligence (to the extent these terms are used under applicable law). For this purpose, the Renter must hand the Lessor a properly completed traffic accident report form, including the contact details of the other parties involved, within 48 hours of the traffic accident. To the extent permitted by law, the Lessor will charge the Renter a fee to cover the costs incurred by the Lessor in contacting the Renter to obtain a properly completed traffic accident report form. The Renter is not liable for the costs of loss or damage to the extent that they can be attributed to the Lessor's failure to maintain the vehicle, or for those covered by the manufacturer's warranty.
18. Limitations of liability – A limitation reduces the amount of the damage excess the Renter must pay if the vehicle is damaged or stolen. Prices include a basic level of liability, and the Lessor will not charge more than the stated excess plus tax (where applicable, plus the damage or theft handling fee). The damage excess can be reduced further by purchasing additional liability cover. The limitations will not apply if the loss or damage can be attributed to (I) intent or fraud of the Renter, omission or gross negligence (to the extent such terms are used in accordance with applicable law) or (II) a wilful breach of chapters 6.6 (Use of the vehicle) and 7.7 (Accidents, theft and damage). The Lessor is entitled to claim compensation for loss or damage in an amount equal to the cost incurred through negligence, up to the full amount of the damage or loss that has been or will be incurred. In that case, the damage excess does not apply.
19. Rental length – the minimum billing period is twenty-four (24) hours according to the current price lists of HAK-USLUGE d.o.o.
20. Fuel – The Renter must return the vehicle with a full tank, or with as much fuel as there was at the start of the rental. If the agreement is closed with less fuel than at pick-up, an additional charge will be made, consisting of the cost of the fuel used plus a refuelling fee according to the current price list. This charge does not apply to agreements with a prepaid full tank.
21. Towing capacity - The maximum towing capacity of the Lessor's vehicles must not exceed 2000 kg.
22. Additional drivers and passengers – The Renter is responsible for ensuring that all additional drivers added to the rental agreement and any passengers given access to the vehicle are familiar with these terms. The Renter is responsible for all costs and fees incurred because an additional driver or passenger did not comply with these terms.
23. Fines resulting from traffic offences – The Renter acknowledges and agrees that, in the event of any traffic fine or offence while using the vehicle, they bear all costs, i.e. they will be charged the full amount of the traffic offence, plus item II of Article 11, Parking fine handling fees. The Renter is responsible for the vehicle taken over and for its proper use during the rental, and for using designated roads and not areas off paved roads, i.e. „off-road" areas with a high risk of damage. The Renter agrees that all personal data about the driver may be passed on as needed when requested by the competent institutions.
24. Penalties for late return of the vehicle – The Renter will pay a late penalty of EUR 50.00 per day including VAT, plus the daily rental price, if the car is returned late. Customers should also be aware that the vehicle insurance will no longer be valid and that the Renter will be liable for any damage.
25. Vehicle tracking – Vehicles may be fitted with geolocation systems and devices for tracking and locating the vehicle if it is stolen or not returned to the rental location, or for locating it in the event of a traffic accident or breakdown. All vehicles owned by the Lessor are fitted with Hrvatski telekom d.d. devices for tracking vehicle movements, fuel consumption and mileage readings.
26. Use of the Renter's personal data. By signing the General Terms and Conditions, the Renter confirms that they have been informed of the purpose for which their personal data is used. By signing, the Renter consents to their personal data being used to: (a) provide the rental service and (b) offer further services. The Lessor will provide the Renter's personal data to the extent permitted by law and, where necessary, with the Renter's explicit consent:
    1. to the Renteon vehicle rental platform and to the 365id platform for verifying identity and the validity of travel documents, with the Renter's consent,
    2. to law enforcement / local government authorities and parking service companies if they are entitled to this data and the law allows the Lessor to do so or allows it to check the validity of the driving licence; if personal data is provided under this paragraph, the Lessor undertakes to inform the Renter within 24 hours, unless there is a legal prohibition on doing so,
    3. to third parties acting on the Lessor's behalf in managing claims, collecting amounts the Renter owes the Lessor, and conducting customer surveys the Lessor uses to improve its services, with the Renter's consent,
    4. the Renter has the legal right to access the personal data held by the Lessor (subject to payment of a fee, where permitted by law) and, where justified, may request that the personal data be corrected, amended, blocked or deleted. The data controller is the vehicle rental provider, as stated in the rental agreement.
27. Lost property. The Renter must contact the Lessor about any personal belongings found in the vehicle. All items containing personal or financial data will be disposed of within 30 days, in accordance with the Lessor's privacy rules and the General Rental Terms. All other items will be disposed of within 3 months.
28. The Renter agrees that the Lessor may charge the credit card without the Renter being present if the vehicle is extremely dirty.
29. To use the vehicle outside the territory of the Republic of Croatia, the Renter must request the Lessor's approval and pay the cross-border fee.
30. Governing law. The Agreement is governed by and must be interpreted in accordance with the laws of the Republic of Croatia. Each party submits to the non-exclusive jurisdiction of the Commercial Court in Zagreb in relation to any dispute connected with the Agreement.
31. Copies of the Agreement: The Agreement is signed in identical copies, each of which is an original and all of which constitute the same Agreement. Once concluded, the Agreement may be sent to the Renter by e-mail.
32. Advance payment; When a vehicle is booked, the Lessor is entitled to ask the Renter for an advance payment of 30% of the vehicle rental amount, as protection in case the Renter cancels the rental. If the Renter cancels the booking, the Lessor reserves the right to keep the advance payment and duly invoice the amount to the Renter.