PARTICULAR CONTRACT OF LEASE OF VEHICLE (S) AND OTHER CONDITIONS
1 - PURPOSE AND PROPOSAL
1.1.1. The term "vehicle" means: motor vehicle (s), rented, including tires, tools, equipment, accessories, plates, keys, vehicle document (s), in perfect which requirements, conditions and other specifications are all mentioned in the Proposal (s) and other related documents signed by the CLIENT, which are part of this Agreement.
1.1.2. The eventual and / or monthly lease of Vehicle may be destined for legal entities or individuals, option that will imply to the CUSTOMER the observance of the respective and specific responsibilities, according to the modality of the contracted lease.
1.2. From the Proposal. The Proposal contains a statement from the CLIENT accepting unrestricted and unconditionally all clauses and conditions of this Agreement, as well as confirmation of having received a true and complete copy of the same and the Proposal. The leased Vehicle will be fully identified in the Proposal, stating its conditions upon delivery at the Vehicle Delivery Inspection.
1.2.1. It is stipulated by common agreement between the contracting parties that the duties and obligations contained in the Proposals, unrestrictedly and integrally the CUSTOMER and the driver of the vehicle may have been indicated by the CUSTOMER, who may be the CUSTOMER himself or a third party ("Indicated Driver"), assuming the CUSTOMER, jointly and severally in relation to the Indicated Driver, the full responsibility CIVIL AND CRIMINAL by the conduits and information provided to the LESSOR, as well as personal information regarding the Indicated Driver, contained in this Agreement, also attesting that they are properly qualified under current legislation.
2 - REGISTRATION OF DELIVERY AND RETURN AND OTHER RELATED CONDITIONS
2.1.1. The CUSTOMER hereby declares that he has received from the LANDLORD the Vehicle and that after Vehicle Delivery Inspection agrees that it is in accordance with the completed inspection, fully equipped, in perfect conditions of cleanliness, operation and conservation, committing itself to deliver it to the LESSOR, within the hours of operation of the store, in the same state and conditions in which it received, not later than the final term of this Agreement, excluding only the wear and tear of tires arising from normal use of the vehicle.
2.1.2. The CUSTOMER assumes full responsibility for any damages resulting from (i) the misuse or misuse of the Vehicle for the time it is under its custody, and (ii) for damages, even if found after the Return Vehicle, without any new lease being made (for example, but not exclusively, an engine problem that can not be immediately detected at the time of Vehicle Return Inspection), in either case, regardless of CUSTOMER, by the Indicated Driver or third party.
2.1.3. In the event of return of the Vehicle outside the hours of operation of the LESSOR, and as a way to avoid the collection of new CLIENT's daily charge, the LESSOR may exceptionally receive the Vehicle without performing the Vehicle Return Inspection, the CLIENT agreeing, that such procedure be carried out on the next working day in the first working hours, when he should be present to follow the act, and can not oppose any claim regarding any damages not found on the return, your non-attendance will imply full acceptance of the terms of the survey.
2.2. Loss of Documents or Keys. If the return of the Vehicle occurs unaccompanied by the circulation documents and / or keys, the CUSTOMER will be charged as a fine in both cases, the amount equivalent to 01 (one) vehicle rental per day, for each of the in addition to the payment of expenses necessary to obtain a new copy of the documents and / or to make a copy of the keys, plus (s) the respective administrative fee (s) item "4.2".
2.2.1. The Vehicle Registration and Licensing Certificate ("CRLV") provided by DETRAN, which contains the Vehicle data, as well as its status with the IPVA and compulsory insurance, is understood as circulation documents.
2.3. From the Fuel Tank. The CUSTOMER declares upon receipt of the vehicle that the LESSOR has delivered it with the fuel tank with the amount stated in the Proposal, and the CUSTOMER must return it under the same conditions of quantity in the same location as the withdrawal of the Vehicle.
2.3.1. In the event that the Vehicle is returned with a lower amount of fuel in relation to the delivery, the fuel difference will be charged according to the values established per liter in the Proposal.
2.3.2. In the event that the Vehicle is delivered by the CLIENT and / or returned by the CLIENT outside the LESSOR store in any circumstances, the quantity required for return in any branch of the LESSOR shall be charged for the purpose of fuel collection.
2.4. From Vehicle Cleaning. If, upon the return of the Vehicle, it is not in the conditions of cleaning of the delivery, the CLIENT shall be charged, considering the state of the Vehicle, a simple or complete washing rate, according to the price charged at the time, which shall be increased of the respective management fee and the price of a daily lease in the event that the duration of the wash compromises a new lease that would begin on that date.
2.4.1. In case the Vehicle returns to the store during the period of lease to make the necessary mandatory revisions and when the need to wash the same, the Customer will be charged the respective rates of washing.
3 - Of the basic requirements for the driver of the vehicle
3.2. With special needs. The holder of special needs to drive, with the appropriate note in the Driver's License, should consult with the LESSOR to confirm if they have vehicles adapted or adaptable to their needs.
3.3. Of the Traffic Rules. The CLIENT, regardless of whether he is Brazilian or foreign, declares that he / she fully knows and obeys the traffic rules stipulated in the National Transit Code and other Internal Transit Organs.
4 - OF THE PRICE OF THE LEASE AND OF THE COMPLEMENTARY VALUES
4.2. Complementary Values. The LESSOR may charge supplementary amounts as provided above, in the event of the provision of any additional services, such as, but not limited to, extra per diems, administration fee in the percentage up to 20% (twenty percent), damages and other damages foreseen in this Contract, the Complementary Values being payable simultaneously to the CLIENT's reimbursement / payment to the LESSOR of the value object of this Contract or, if observed after the completion of the Vehicle Return Term, on the date determined by the LESSOR.
4.3. From Odometer Change. On returning the vehicle with the adulterated odometer, the CUSTOMER will be charged the equivalent of 400 km (four hundred kilometers) per day for the entire period of the rental.
4.4. Early or late delivery. In case of early return of monthly lease, the collection will be done as follows:
i. - Before the 25X day, will be charged according to the amount of the lease fee, considering the number of days actually leased;
ii. - After the 25X day, the total amount of the contracted monthly rate will be charged.
iii. - After the end of the first month of lease, the AREA will pay the per diem in the form of a pro rata.
4.4.1. In the event of a possible / daily lease, the early or delayed return of the Vehicle will cause the CUSTOMER to pay the amount of the daily rate established in the chart in force in the place where the CUSTOMER made the lease, considering the period of effective lease, given the progressivity of the prices practiced.
5 - THE PAYMENT METHOD, THE MEDIA FOR COLLECTION AND OTHER CONDITIONS.
5.1.1. From the Collection of Complementary Values. As provided for in Clause Four above, the LOCADORA is hereby authorized to proceed with the collection of all Complementary Values, and may do so through bank, automatic debit or credit card provided by the CLIENT. Such Supplementary Values are due even if any expenses are calculated after the Vehicle Return Term, it being incumbent upon the LESSOR to notify the CLIENT about the debit made.
5.1.2. Not being possible to collect in the forms and conditions of the item above, including in relation to the Complementary Values, or if there is no AREA about the notification made by the LANDLORD, IN THE DETERMINED TIME, about the debit, or even in case of non-reception by the LANDLORD any justification given by the AREA, in LANDLORD may issue a tax document relating to the amounts corresponding to the debts, with the consequent issue of a duplicate, remaining LANDLORD collection by all legal means admitted, including requesting the record of protest of the title, as well as forwarding the name of the AREA to credit restriction registers.
5.2. From the Guarantee for Term Payments. The CLIENT may negotiate directly with the LESSOR the term payment of this Contract. In such situations, the LANDLORD may at any time require a guarantee for future payments, with the result that the AREA, from now on, declares to accept and to be in full agreement.
5.3. Address Update. The CLIENT, in the case of an individual, undertakes to keep his / her residential or home address up to date and, in the case of a legal entity, the address of his / her parent or affiliate (if the agreement is made with the affiliate's data) any change to the LESSOR, under penalty of characterization of contractual noncompliance and the filing of the competent judicial measure.
5.4. Return of Values by the LESSOR. In the need to return any amounts to the AREA, except in the event of the availability of credits for future leases, the payment will be made by the LANDLORD up to 5 (five) business days, counted from the confirmation of the liquidation of all pending AREA, by means of current account credit held by the AREA or by partial reversal of the charge to the customer's credit card, if applicable.
5.4.1. From the Tolerance Period. It is considered by the LANDLORD as the grace period, the first 60 (sixty) minutes subsequent to the time determined for the return of the Vehicle. After this Tolerance Period has elapsed, the CLIENT agrees that the delay in the return of the Vehicle will result in the collection of an additional, as follows:
i. 1 / 5 (one-fifth = 20% of daily rate), per hour of delay, up to the limit of 2 (two) hours; or
ii. an extra night, if the delay is longer than 2 (two) hours.
5.5. Delay in Payment. The delay in payment will imply the collection by the LESSOR of the CLIENT of:
(i) a fine of 20% (twenty percent), of the total amount due;
(ii) monetary restatement according to the IGP-M variation or, in the event of its non-existence, a similar index; (iii) interest for late payment in accordance with the provisions of art. 406 of the Civil Code (that is, by the monthly variation of the rate that is in force for the delay of payment of taxes to the National Treasury); and (iv) the eventual reimbursement of expenses, judicial or extrajudicial costs and extrajudicial legal fees (in the percentage of 10% - ten percent) or judicial (in the amount of 20% (twenty percent), both of which are applicable to the total amount of debt.
6 - OF THE TERMINATION PERIOD OF THE LEASE AND NOT RETURN WITHIN THE DEADLINE
6.2. Deadline Extension. The extension of the lease now contracted will only be allowed upon the prior and express agreement of the LESSOR, the CLIENT being obliged to inform it, in writing, via facsimile or e-mail, at least 24 hours before the date of contracted delivery.
6.3. Non-Return of Vehicle on Time. Failure to comply with this obligation and not returning the Vehicle at the end of the term, characterizes the illicit possession and misappropriation of the Vehicle, giving rise to the immediate repossession of the Vehicle, without prejudice to the CLIENT's liability for losses and damages to which it causes and other applicable civil and / or criminal sanctions. In addition, the CLIENT must pay (i) the rent payment for the excess days used, in the values then in force; (ii) contractual penalty of 20% (twenty percent), calculated on the total value of the Contract and other applicable requirements as provided for in Clause Fifth above; (iii), with all the legal or extrajudicial expenses that the LESSOR has in the search, seizure and effective reintegration of the rented vehicle.
6.3.1. In the event of non-compliance with the item above, the CLIENT will lose the right to any discounts, promotional prices granted in the Proposal.
6.4. End of Lease. Regardless of the form and conditions of returning the Vehicle, for purposes of delimiting the CLIENT's responsibilities on the Vehicle, the closing of the lease is considered to be the moment when the Vehicle is returned to the lessor's direct possession.
6.5. IN THE EVENT OF THEFT, THEFT, FIRE, COLLISION OR TOTAL LOSS OF THE VEHICLE, the closing date of the "rental period" is considered to be the date of delivery of the Police Report and Internal Accident Report, at the LESSOR, together with the vehicle keys and Vehicle document, also providing data on possible witnesses, the police officer who attended and other information that contributes to clarifying the claim.
6.6. In the event of an accident, the CLIENT must provide copies of the third party's documents and other information, such as: (i) Driver's License; (ii) Vehicle Registration and Licensing Certificate; (iii) telephone number (s) and address (es) of the third party and the victim (s). If the CUSTOMER does not meet all the requirements of this item, the CUSTOMER is fully responsible for paying the full amount of the damage (material damage) and loss of profits of the leased Vehicle.
6.6.1. TOTAL LOSS of the vehicle is considered when the sum of the values of the repairs necessary for its reuse reaches the amount equivalent to 50% (fifty percent) of its market value. Market value means the sale value of the FIPE table.
6.7. Contract Termination. The Contract may be terminated 48 (forty-eight) hours in advance, provided it is motivated by both parties during the rental period, and the Vehicle must be returned to the location indicated in the Proposal.
6.8. Change of Contractual Modality. When the CLIENT wants to change the lease modality (occasional / monthly / occasional) he must appear at the LESSOR to formalize this change in the Proposal.
7 - LESSORS 'OBLIGATIONS
7.2. Give customer service by phone (Call Center 0800) to the CLIENT, in case of breakdown or mechanical defects in the Vehicle, as well as clarify any doubts that may occur in relation to this location, through its Call Center.
7.3. Carry out, at your own expense, the change of vehicle tires every 40.000 (forty thousand) km run, regardless of whether such distance has been covered exclusively by the CLIENT.
7.4. Carry out the Delivery Survey and the Return Survey, under the terms provided for in this Agreement.
7.5. Carry out the collection of amounts, according to the terms and conditions set forth in this Agreement.
7.5.1. Block vehicles that do not have payments made by the CLIENT within the agreed period.
7.6. The LANDLORD does not offer a guarantee, in addition to those offered by the vehicle manufacturer, or when it is used improperly or outside of urban roads and official roads.
8 - CUSTOMER OBLIGATIONS
8.1.1. Observe the existence of vehicle circulation restrictions arising from rotation, in locations where applicable local municipal laws exist.
8.2. Use the Vehicle only in national territory, being expressly prohibited to cross any border with the Vehicle.
8.3. Assume full responsibility for driving the Vehicle. For clarification purposes, it is expressly prohibited for another driver to drive the Vehicle, if the driver is not the CLIENT or the Driver indicated in the Proposal.
8.4. Maintain and drive the Vehicle in a safe place. In cases of impossibility for the Vehicle to travel, or if its operation may generate greater losses, whether due to mechanical defects or accidents, the CLIENT undertakes to provide, by all means that are available, the collection of the damaged Vehicle to the place insurance, activating the 24-hour assistance in order to avoid further damage or acts of vandalism. The CUSTOMER is responsible for all transportation and / or transportation expenses of the Vehicle from the accident site to the nearest LESSOR store, regardless of the benefit granted.
8.5. Bear all costs arising from equipment and accessories of the Vehicle that are not covered by the Minimum Amount of Indemnification / Mandatory CUSTOMER Participation: equipment and accessories (headlights, lanterns, internal and external rear-view mirrors, radio / CD / mp3), tires , iron or alloy wheels, triangle, wheel wrenches, jack compatible with the vehicle's weight and load, fire extinguisher, cigarette lighter, crankcase protector, battery, fiber hoods, vehicle keys, upholstery, hubcaps, antenna, full spare tire, set of carpets, sunshade, damaged seats and linings, glass including damage to the windshield, railings and documents of the CRLV vehicle), and cannot be replaced or rendered useless, unless expressly authorized by the LESSOR.
8.6. Observe and adopt the necessary measures to comply with the requirements contained in the Vehicle's manual regarding revisions and preventive maintenance, so you must immediately communicate to the LESSOR so that the necessary measures are taken to ensure the regular operation of the Vehicle, under penalty of the CLIENT assuming full liability for damages caused to the Vehicle and engine before the LESSOR. In the event of loss of the factory warranty due to the CLIENT's fault, the CLIENT will be responsible for the costs of any necessary revisions, plus a fine of 20% (twenty percent), without prejudice to the indemnity for loss of profits and other contractual and legal penalties.
8.7. Inform, immediately, through the Service Center, any breakdowns and / or repairs required in the Vehicle, as well as strictly follow the guidance from the Service Center. It is forbidden to the CLIENT to carry out any repairs or services on the Vehicle without the prior and express authorization of the LESSOR, which will not be responsible for the refund of any amounts paid by the CLIENT in such a case, if the contracted conditions are not observed.
8.8. Make the timely payment of the amounts involved in the lease.
8.9. Bear any and all traffic tickets and their additions, as provided for in this contract.
9 - FINES FOR INFRINGEMENTS TO THE BRAZILIAN NATIONAL TRANSIT CODE
9.2. In the event that the LESSOR is unable to indicate the offending driver, the CLIENT must make the indication to the LESSOR within a maximum period of 5 (five) days from receipt of the notification to be sent by the LESSOR, under penalty of incurring penalties provided for in the Brazilian National Traffic Code.
9.3. The CLIENT will bear the amount of the traffic fine, plus 20% (twenty percent) due to administrative costs incurred by the LESSOR and the courier fee for notification to the CLIENT and the respective driver's indication. Such amounts will be charged by the CUSTOMER LESSOR through a credit card or bank collection due on presentation.
9.4. The filing of an administrative appeal with the competent Traffic Authority, against the imposition of the traffic violation, does not constitute a reason for non-payment of the corresponding traffic ticket and other costs mentioned above, or extension of the payment period described in the previous item.
10 - BANS FOR THE USE OF THE VEHICLE
a) For the transportation of cargo or passengers, by charging of any kind, or the transportation of people or goods, even if free of charge, in addition to the capacity informed in the technical specifications of the Vehicle;
b) In speed tests, cracks or competitions of any nature; for the transportation of fuels, explosives or any other flammable material, of products prohibited by law, as well as for any other purpose incompatible with the purpose described in the Contract;
c) For use incompatible with the characteristics of the Vehicle or in disagreement with the purpose of the lease;
d) In the prohibitions contained in the National Traffic Code;
(e) squeeze, push and / or tow other vehicles;
f) Any illicit purposes;
g) Political campaign, unless there is express authorization from the LESSOR; and / or
h) In conditions unfit for circulation on traffic routes that present a risk to the Vehicle, such as flooded areas and dunes, as well as other terrains that do not provide security for the integrity of the Vehicle.
11 - WAIVER'S LIABILITY EXEMPTIONS
a) For any indemnity for material, moral and / or personal damages caused or suffered by the CLIENT, and / or its passengers or third parties;
b) For any indemnity for material, moral and / or personal damages caused by third parties to the CLIENT, or to its passengers;
c) For goods or values left inside the vehicle;
d) sudden illness or health problems;
e) Illicit acts;
f) Expenses of daily or fees in public or private deposits, in case of seizure of the vehicle or need for custody due to the impossibility of moving due to any act attributable to the CLIENT;
g) Moral damages of any kind, loss of profits, caused to the CLIENT, passengers, authorized drivers and third parties;
h) Loss of profits caused to third parties;
i) Expenses of any kind, caused to the CUSTOMER or third parties;
j) Expenditure on fuel;
k) Expenses with traffic tickets;
l) Professional services of lawyers;
m) Damage to tires and vehicle glass;
n) Damage to bodywork, paint, upholstery or mechanical parts due to careless use of the vehicle.
12 - VMI - MINIMUM INDEMNITY / MANDATORY PARTICIPATION VALUE
12.2 - In the event of a collision or vehicle breakdown, when the quote submitted by the LESSOR for repairs does not exceed the MINIMUM INDEMNIFICATION / PARTICIPATION AMOUNT provided for in the RENTAL PROPOSAL, the CLIENT will be responsible only for the payment of the repairs to be made.
12.3 - THE VMI / MANDATORY PARTICIPATION CONTAINED IN THIS ITEM DOES NOT HAVE A LEGAL INSURANCE, CANNOT BE INTENDED AS A FRANCHISE, BASED ONLY ON A MANDATORY AND PERSONAL PURPOSE RIGHT AMONG THE CONTRACTING PARTIES.
13 - CUSTOMER RESPONSIBILITIES
13.2 - When they fall under any of the PROHIBITIVE OR IMPEDITIVE CLAUSES OR VEHICLE DRIVING FENCES, contained in this RENTAL AGREEMENT, and / or have acted with negligence, recklessness or malpractice causing damage to the rental vehicle or to third parties and / or when the conduct of the CLIENT and / or authorized driver is responsible for the accident.
13.3 - When there remains evidence of conduct established in the Brazilian Traffic Code characterized as serious and / or very serious infractions, among others, citing the following cases, as examples:
13.3.1 - Safety distance:
Art. 29, II (the driver must keep a lateral and frontal safety distance between his and the other vehicles, as well as in relation to the edge of the track, considering, at the moment, the speed and conditions of the place, of the circulation vehicle and weather conditions).
13.3.2 - Accidents and rollovers:
Art. 28 (the driver must, at all times, have control of his vehicle, directing it with attention and care essential to the safety of traffic)
Art.169 (driving without attention and without the indispensable care);
13.3.3 - Speeding:
Art. 218 (traveling at a speed higher than the maximum allowed to the location, measured by a skillful instrument or equipment, on highways, fast transit roads, arterial roads and other roads).
13.3.4 - Compatible Speed:
Art. 220, VIII, XI (fail to reduce the speed of the vehicle in a manner compatible with traffic safety: under rain, fog, fog or strong winds; under the approach of animals on the road).
13.3.5 - Transit backwards:
Art. 186 (It is forbidden to travel on roads with a double direction of traffic, except to overtake another vehicle and only for the necessary time, respecting the preference of the vehicle traveling in the opposite direction) Art.
13.4 - Fail to store the vehicle in closed garages or parking lots; leave the vehicle on public or non-public roads at any time.
13.5 - Stop keeping the vehicle's CRLV documentation.
13.6 - Fail to present the BO - report of police occurrence.
13.7 - Failing to fill out the rental company's accident report (Internal Accident Bulletin).
13.8 - Switch off the antitheft system / tracker.
13.9 - Fail to pay or delay amounts due to the rental company.
13.10 - Failure to return CRLV documents and car keys to the rental company, in case of theft and accident.
14 - REPLACING YOUR VEHICLE
15 - INDEMNIFICATION
16 - GENERAL CONSIDERATIONS
This contract requires, in addition to the contractors, their heirs or successors, in the lease signed with individuals. In the case of contracting with a legal entity, in addition to obliging the entities created by virtue of spin-off, merger and incorporation, in the event of irregular dissolution of the company, it will automatically oblige its partners, observing the model of the corporate constitution.
This contract will automatically terminate in cases of non-compliance with any of its clauses and / or terms and / or conditions, with the infringer being obliged to pay, for the innocent party, a compensatory fine of 20% (twenty percent) of the total value of the contract, without prejudice to other applicable legal and contractual penalties.
In the hypothesis of LANDLORD eventually be sued for damages caused to third parties by the AREA, it is already assured to the LANDLORD, under the terms of art. 70, III, of the Civil Procedure Code, to exercise their right of recourse against the AREA by the values of their possible condemnation.
O AREA, you agree to accept any request from the LANDLORD, regardless of its procedural form, for her to enter into legal proceedings against her by third parties, victim of an accident caused by AREA in the direction of the vehicle, undertaking to recognize in court the limitation of liability of the LANDLORD for the contractually predicted and agreed damages.
In accordance with current legislation, Complementary Law 116/03; COSIT / DITIR Opinion No. 351/93; Law No. 8846/94, Article 1, § 2 and Law No. 9532/97, the rental of vehicles is not subject to ISS taxation, so the LANDLORD it will only deliver by mail or email the tax document (rental invoice) related to the object of this contract, once it is closed.
O AREA is aware of and recognizes that the company's car rental system REFERENCE LOCATOR OF VEHICLES it is formed by another legal person from the same economic group (TRANSPORTES GRITSCH LTDA), with financial and legal administrative autonomy. Therefore, it undertakes to resolve judicial or extrajudicial disputes directly with the respective identified rental company.
The rights deriving from this contract, in relation to the AREA, are totally non-transferable without express consent from the LANDLORD.
The following statement is stated in the PROPOSAL FOR LEASING: “This PROPOSAL FOR LEASING AND SURVEY is an integral part of the Vehicle Rental Agreement (s) and Other Conditions, registered in the - 4th Official Registry of Titles and Documents and Legal Entities in the city of Curitiba under No. 508.510 and microfilm No. 563.938, on 04/06/2013 and its subsequent amendments and consolidations, the copy of which AREA it receives in this act, importing its signature as being full, unrestricted and unconditional adherence to all the terms contained therein ”.