1. Under this agreement Aris Panagioti Dimitroulias hereinafter called in brief the Lessor, leases to the signatory Lessee the Automobile, as hereinafter called in brief (including accessories and equipment) described in this document (including any other automobile replacing the Automobile), according to the following terms and provisions, as well as those inscribed on the front page of this document, which the Lessee fully accepts.
2. DRIVER’S AGE/ LICENSE Driver’s age 23 - 75 yrs, driving license at least 3 yrs.
3. DURATION The Lessor leases the Automobile for the period indicated in this document. Failure by the Lessee to return the Automobile in the agreed period, violates the terms and provisions of this agreement. The Lessor reserves the right to charge the Lessee for every additional day that the Lessee withholds the Automobile, according to the relevant price list. The Lessee is obliged to pay the Lessor for any damages, either incidental or consequential, incurred by the Lessee. The Lessor reserves the right to gain repossession and use of Automobile at any time without notice and without Lessee's consent, but at Lessee's expense, from wherever and by any means, if at the discretion of the Lessor there is danger of damage or loss of Automobile as well as risk of not receiving the rental charge or any other due compensation. The Lessor has the right beside the above mentioned case to gain repossession and use of Automobile, if it has been used in violation of this agreement or of designated rental period.
4. MEANS OF PAYMENT The Lessor accepts: Visa, MasterCard, American Express credit cards and cash. In cash payment, a valid card must be shown for all necessary pre-authorization amounts (500 EUR for category A and B, 700 EUR for cat. C and SUV and 1.000 EUR for Minivan).
5. RENT The Automobile's rent is stated on the front page of the document. The rent corresponds fully to the leasing value of the Automobile, while the Lessee acknowledges and waives any right to dispute this or ask for its reduction. The payment of the rent is proven by this document, which has the value of a receipt of payment, except otherwise is agreed in written.
6. EXPENSES, COSTS AND FEES The Lessee shall bear the following costs, expenses and fees: a) The rent. b) The charges for any additional services the Lessee decided to use and are described in the document. c) Fuel expenses, including the value of the fuel that is missing and the refueling service charge of 20 euros. d) Any charge for loss or damage resulting from breaching by the Lessee of his obligations deriving from the relevant articles of the present agreement. e) Any fines and processing fees for violations of traffic taws, plus the charge of 20 euros for administrative fees to cover the operating costs of the Lessor. f) The amounts of liability, as described in the front page of the present agreement, which have been already agreed. g) Any damage to the Automobile resulting from violation of the Greek Traffic Law. h) VAT and any other taxes or dues levied on all the above expenses and fees. i) Any Lessor’s costs, including attorney’s fees and default interest incurred in collection any kind of payments due to this rental or related to the repossession of the Automobile by the Lessor. j) Any amount necessary for replacement or repairing of destroyed tires or wheels or any sums for restoring damages on the lower part of the Automobile. k) Any amount necessary for replacement or repairing any damage to the Automobile, unless relevant damage waivers have been already agreed. i) The additional charge for delivering or returning of Automobile and also the charge for its return to a location different from the one designated on the front side of this agreement, without Lessor’s written consent, which is at least 0,5 €/km. m) The charge for the additional distance driven by the Lessee (for one day 100 km free-two days 200 km free- from three days unlimited km), which is 0,20 €/km or 0,40 €/km for Minivan.
The Lessee agrees and accepts that all charges are subject to final audit by the Lessor and the Lessee accepts them fully in their entirety with this agreement. In that case, the Lessee authorizes the Lessor to charge his credit card anytime in the future for these charges.
7. INDEMNITY Lessee expressly agrees that the Lessor is not responses for any loss or damage suffered by Lessee or third parties, during the rental period and no claim be raised against Lessor for the above reason.
9. DELIVERY AND RECEIPT The Automobile was delivered today to the Lessee in the condition described in the relevant part of the front page of this document. The Lessee has carefully inspected the Automobile, performed a test drive, found it to his/her complete satisfaction and received it with no reservation. The signing of this document constitutes delivery of the Automobile to the Lessee and receipt of it by him. Upon the expiration of this agreement, the Lessee is obliged to return and deliver the Automobile to the Lessor, along with the registration permit and other relevant documents, in the same condition as originally delivered to him and at the place and time indicated in the relevant part of the front page of this document.
10. ACCIDENTS In case of any accident or any other incident (fire, theft etc), Lessee or the additional driver(s) are obliged to immediately do the following: a) Notify the Police to investigate the liability of the third party and provide care to any injurers. b) Note the names and the addresses of eye witnesses and also the name and the address of the driver and the data of the vehicle, with which Automobile may have collided, c) Not acknowledge liability or guilt and claims of third parties in any way, direct or indirect. d) Contact with the Lessor immediately by phone or other means (fax etc), e) Obtain all relevant information from any third party and photograph the location of the accident and the vehicles participating in the accident, if possible. e) Renter must complete and sign an accident/theft report latest within twenty four (24) hours at the nearest Lessor's branch and send any relevant documents or information to the Lessor. In case of theft or loss of Automobile, Lessee must report the incident in writing at the nearest police department within twenty four (24) hours.
11. INSURANCE COVERAGE The Lessee has been informed that in case he/she has not broken the Law or has not violated any terms or provisions of this agreement, he is covered against the following risks from insurance companies chosen by the Lessor: a) death or body damages of third parties, excluding the driver and passengers up to the amount of 1.000.000,00 € b) material damages to third parties up to the amount of 1.000.000,00 € c) theft of the Automobile (500,00 € excess). Any amount, in excess of the above mentioned maximum amounts, is the responsibility of the Lessee and authorized drivers, who are obliged to cover in full, should a claim is raised against the Lessor. The Lessee is also covered against the following risks, if he/she pays the indicated sums, according to the official price list: a) Collision Damage Waiver (C.D.W.) The renter's responsibility is reduced to 500,00 € (cat. A and B) / 700,00 € (cat. C and SUV) /1.000,00 € for Minivan with an extra charge of 5 € per day / 10 € per day for Minivan. Regardless of CDW, the renter is liable for the full repair of the damages he may have caused to the underside, to the wheels and tires of the car or if the damages were due to violations of the Greek Traffic Law. (i.e. violation of red light or STOP sign, illegal overtaking, driving under the influence of alcohol etc). b) Super Collision Damage Waiver (S.C.D.W.) (For rental period four or more days) The driver may reduce his responsibility to 150,00 € / 300,00 € for Minivan by paying a daily amount of 10,00 €/ 20,00 € for Minivan. Same as above restrictions apply. c) Theft Protection (THW) The renter’s responsibility at a Automobile theft can be reduced to 150,00 € with a daily charge of 5 € per day. Responsibility is non-waiverable in case of theft or damages due to a theft attempt. Theft Protection is not valid in case of driver's negligence. d) Personal Accident (PAI) For a charge of 3,00 € per day, P.A.I. can be obtained covering the driver. Aggregate indemnity for every accident is limited to 5.000 Euro per accident. Exceptions in CDW, SCDW: CDW and FDW are not insurance, but an agreement between the Lessor and the client. CDW and SCDW are not valid beyond the agreed rental period.
Charges for any of the damages written below will be charged directly to the client, the most important are the following: Damage to car lock, loss or damage to keys, windshield wipers, glass surfaces, mirrors, wheels, wheel-covers, interior of the car, spare key and car jack, lights, gas cap, damage to upholstery of a car, damages to the roof, damages to the underside of the car, extreme dirtiness in a car, personal belongings in a rented car, damage due to negligence, fuel errors, damage to child seats and baby seats, lack of electricity because of forgotten turned on electrical devices, loss of car documents, loss of registration plate. The car rental company, in any case, is not obligated to replace a flat tyre or damages in music devices (radio, CD/mp3 player, etc.). Towing costs are not covered by any insurance. Lessor will not refund any telephone, taxi or hotel costs. Lessor will not be held responsible for anyone driving under the influence of alcohol/drugs, causing willful damage, off road driving, driving without care and attention or damages caused by negligence and traffic violations. The client will accept direct responsibility in respect of such claims. Any unnoticed accident or damage to the Automobile may be interpreted as negligence. This may result in a charge to the client.
If the Lessee wishes not to be insured for the above cases (a) & (b), he is obliged to cover any actual damages or loss of future gains of the Lessor, deriving from the above causes, regardless of fault.
12. SUBSTITUTION RIGHT The Lessor has the right in his own judgment and by a relevant written statement to the Lessee to indicate any third physical or legal entity, which will substitute the Lessor in part or in whole with respect to the rights and obligations stemming from this agreement. The Lessee does not have the right to cede any of his rights or responsibilities stemming from this agreement
13. OWNERSHIP 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 than those mentioned 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 can in no way be considered a representative of the Lessor.
14. VIOLATION OF THE TERMS OF THE LEASE Both the Lessee and authorized drivers of the Automobile are fully, jointly and completely responsible for the full and faithful upholding of any terms and provisions of this document. 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 any other data they provide the Lessor is inaccurate, the Lessor has the right to either insist on this matter contract or give notice of termination of this leasing agreement demanding in any case, the full restitution of any actual damage or loss of future gains and payment of any outstanding rental. In the case where notice of termination is given, the Lessor has the right to exercise all his freehold rights. In the case where notice of termination is given, all dues of the Lessee stemming from this agreement are rendered automatically and de jure payable and can be claimed. In the case where the Lessee unilaterally gives notice of termination of this Leasing Agreement prior to its expiration, he is obliged to have fulfilled at his obligations stemming from this agreement. Any prepaid rentals for the remaining period of the lease remain with the Lessor, due to a fair and reasonable penal clause.
15. EXTENSION OF THE RENTAL PERIOD If Lessee wishes to prolong the rental period of Automobile, he has to notify to the Lessor in writing at least twenty four (24) hours before the end of the period to receive the respective written approval. If he fails to do so, he will have both civil and penal liability for illegal use and possession of Automobile. In case of extension of rental, Lessee shall be bound by the terms and conditions both of the initial agreement and the rental extension agreement, whether concerning the Automobile or any replacements thereof.
16. NON-WAIVING The failure to exercise or the delay in exercising his rights on the part of the Lessor by force on this document does not constitute and can in no way be taken to constitute as waiving these rights.
17. LAW - JURISDICTION The contracting parties mutually agree without any reservation that the present agreement shall be governed in accordance with the laws of Greece and that any differences stemming from the present agreement, including differences regarding its interpretation, force or execution, is exclusively under the jurisdiction of the Kalamata Courts.
18. PERSONAL DATA Lessee consents to the computer storage of his personal data. It is strictly agreed that the Lessor is authorized to use such data, when Lessee at the time of rental makes incorrect statements or violates the terms of this agreement and to pass on such data to the Country Authorities, in case there is suspicion of committing a criminal or other offence.
19. GENERAL PROVISIONS a) All the terms of the present agreement are considered substantial. This document constitutes the full and exclusive agreement between the relevant contracting parties and supersede any contrary agreement, written or verbal. b) Since in the present document the contractors are more than one Lessee, they are responsible to the Lessor as a whole with regard to the obligations and responsibilities stemming from this document. The default, the notice of protest and the violation of one of the Lessees, as well as any court decision against any of them or any judicial or extrajudicial statement of the Lessor to one of them or his appointed attorney with special authority applies de jure to the others as well. c) In case there is difference between the copies and the original of this agreement, the original possessed by the Lessor always supersedes.
20. AMENDMENTS Any amendment of the terms of this agreement is invalid, unless drafted in writing.
21. NOTIFICATIONS-ANNOUNCEMENTS Any notification or announcement with regards to this agreement, whether addressed to the Lessor or the Lessee, will be served to the corresponding address inscribed on the front page.