Terms and conditions
GENERAL TERMS AND CONDITIONS OF VEHICLE RENTAL AGREEMENT
Introductory provisions
1.1. Individual words and expressions in the sense of these General terms and conditions of the vehicle rental agreement (further: Terms) have the following meaning:
a) "Lessor" - company TODI TRADE d.o.o. with headquarters in Vir, Virski put 134, ID number: 67865017885
b) "Lessee" - natural or legal person, who or on whose behalf the vehicle is rented,
c) "Driver or Driver 1." - the person who takes over the vehicle from the Lessor
d) "Driver 2., 3. Etc" - the person(s) specified in the Agreement who are authorized to drive the vehicle in addition to the Driver (further: Additional driver/s.
e) "Consumer" - a natural person who is a user of a lease who enters into a lease agreement or operates on the market outside of his trade, business, craft or professional activity.
f) The Lessee, the Driver and the Additional Driver are jointly and severally responsible to the Lessor for the fulfillment and observance of all provisions of the Terms and Conditions and the Lease Agreement, and are hereinafter referred to as the single word "User", unless the Agreement or the context states otherwise.
g) "Unauthorized user/driver" - any person who is not listed as an authorized user of the vehicle on the Rental Agreement (except for the person for whom the legal entity provides information as the user or driver of the vehicle in accordance with point 9.2 of these Conditions), as well as a person who does not meets the prescribed conditions for management respective class and category of vehicle or her authorization/driver's license has been revoked, a ban on driving the vehicle and a legal sanction have been imposed
h) "Third person" - means any natural or legal person other than the Lessor and the User of the vehicle that is the subject of the lease (e.g. passengers in vehicle, persons outside the vehicle, other road users, pedestrians, etc.).
i) "Start of rental" - means the date and time of taking over the rental vehicle, i.e. the time when the User is obliged to take over the rental vehicle.
j) "End of rental" - means the date and time of returning the vehicle to the Lessor, i.e. the time when the User is obliged to return the vehicle to the Lessor
k) "Place of pick-up and return/drop off " - means the place/office of the Lessor where the User picks up the vehicle at the beginning of the lease and returns the vehicle at the end of the rental, i.e. the place where the User is obliged to pick up and return the vehicle.
l) "Vehicle" - means the vehicle specified in the Rental Agreement, which is rented.
m) "Rental Agreement" - means the individual contract that is signed when taking over the vehicle for rent (hereinafter the Agreement).
1.2. These Terms contain all the pre-contractual notices that the consumer and every other User must familiarize themselves with before concluding the Rental Agreement.
1.3. By reserving a vehicle rental from the Lessor or concluding a vehicle rental agreement, the user confirms that he is familiar with these Terms and agrees to their application.
1.4. These Terms and Conditions are applied to the individual rental agreement that the User signs when picking up the vehicle at the Lessor's office. In the event of a discrepancy between the provisions of the individual Rental Agreement and these terms and conditions, the provisions of these Terms and Conditions shall apply.
1.5. These Terms also apply to the use of the Lessor's online store, which is available on the Lessor's website. Page visitors can use it without a fee for use, and according to the rules from these Terms and Conditions. The content of this page is protected by copyright that belongs to or has been assigned to TODI TRADE d.o.o. It also owns the copyright to edit, select and harmonize the content of its website, which contains trademarks, names of individuals and other similar intellectual property. All photographs, images and other materials that appear on this website www.todirentacar.com are the property of TODI TRADE d.o.o and it is not possible to use them (the same material) without its written approval. Also, the use of any material from this site in connection with the sale or offering for sale of products or services of any kind is not permitted. The defined permission and method of using the website may not be transferred, subcontracted or assigned, and any intended and attempted transfer, subcontracting or assignment will be considered null and void. By using materials from the Internet, media users undertake to fully comply with the restrictions, conditions and requirements established here. TODI TRADE d.o.o. does not give a guarantee or the right to complain regarding the accuracy and completeness of any materials found on its websites and is not considered responsible for any consequences that may arise due to a different interpretation of the materials on the websites.
Subject of the contract
2.1. Based on the contract, the Lessor hands over the vehicle to the Lessee in a condition suitable for the agreed use, while the Lessee undertakes to pay the rent, other fees and expenses, all under the conditions established by the Contract, the Terms and the Lessor's price lists. The type and brand of the vehicle to be rented will be specified in the rental agreement.
Terms of lease
3.1. The condition for entering into a rental contract and using the vehicle is that the User:
a) is at least 18 years old;
b) has a valid driver's license for driving the respective category of vehicle for at least 1 year (ie 365 days from the date of issue);
c) has a valid credit card accepted by the Lessor, with which he will guarantee for the obligations that may arise from the rental and in connection with the rental of the vehicle, in accordance with these Terms and the Agreement.
3.2. When taking over the rental vehicle, and as a condition of taking over the vehicle, the user is obliged to present to the Lessor the originals of valid documents (identity card, driver's license), which will prove that he meets the above conditions for driving the vehicle. The lessor will keep copies of the relevant documents for his own purposes.
3.3. The driver who takes over the vehicle on behalf of the Lessee of a legal entity and signs the Rental Agreement guarantees that he is authorized to do so, and guarantees and is responsible to the Lessor, jointly and severally with that legal entity, for compliance and fulfillment of all obligations from this Agreement.
Reservations and conclusion of contracts at a distance
4.1. When he wants to reserve a vehicle for rent, the User can contact the Lessor through different channels (via e-mail, phone, web, etc.).
The procedure for booking and/or paying for a rental through the website www.todirentacar.com includes the following actions, by which the user can make a reservation and payment in 4 steps:
- in the first step, the user selects the pick-up location and the vehicle return location, as well as the date of pick-up and return of the vehicle;
- in the second step, i.e. in the further review, the visitor has an insight into the available types and brands of vehicles, their description and price per day. By clicking on the "+" icon, the user can familiarize himself with the price for the total duration of the rental and choose the option of online payment or payment in the branch;
- in the third step, the user can access a summary and the option of choosing a protective clause and additional equipment;
- in the fourth and final step, the user enters personal contact information and has the option of online check - in .
Furthermore, the user selects the desired type of payment and confirms that he is familiar with the Privacy Statement as well as these Terms. After confirming that the user is familiar with all the stated conditions, the user finally confirms the reservation in question as well as all related conditions by clicking on the "book" field. If the user has chosen the online payment option, the STRIPE or PayPal system is used for payment. STRIPE / PayPal is a secure system for online payments, real-time payments, credit and debit cards and other payment methods. We ask users to read the terms of use of the company STRIPE / PayPal and the terms of use of the card house through which they make the payment before the payment process. By making a payment, it is understood that visitors have read the business conditions of STRIPE / PayPal and the terms of use of the card house through which they make the payment. "Reservation" for vehicle rental is a record in the Lessor's records by which the User, under his name, surname and other information that will be requested on that occasion, expresses his desire and intention to rent a certain class of vehicle from the Lessor at a certain hour, day and in a certain place (time, date and place of vehicle pick-up) and for returning the vehicle to the Lessor at a specified time, date and place (time, date and place of vehicle return). The time of collection and return of the vehicle from the reservation is always expressed in local time, i.e. the Lessor's time.
4.2. As a rule, the Lessor accepts reservations only for the class/type of vehicle, and not for vehicles of certain makes, models, years of manufacture or models with certain characteristics that are not common to all vehicles in the class, and therefore the Lessor is not obliged to deliver the vehicle of the brand reserved by the User.
4.3. When making a reservation in one of the ways referred to in paragraph 1 of this point of the Terms and Conditions, the User will be provided with information about the basic price of the rental with VAT per day, as well as information about additional services, additional equipment and their prices, and about the protective clauses from point 15 of these Terms and Conditions, while additional fees and costs are calculated in accordance with these Terms and Conditions, the Lease Agreement and the applicable valid price lists of the Lessor
4.4. The Lessor will process the received reservation and may accept or reject it in accordance with its conditions for such a rental, availability of the vehicle, etc., and inform the User about this through an available or established communication channel.
4.5. At the time of confirmation of the reservation, by specifying the reservation number, it is considered that the rental contract has been concluded for a period of time and for the class/type of vehicle from the confirmed reservation. For a reservation made and confirmed through a representative, intermediary or via the web, the User will receive a confirmation of the reservation or a voucher, which is considered a confirmation to the consumer of the concluded contract, to the email address he provided, or from the representative or intermediary
4.6. The contract is considered concluded for a certain period of time, which will be specified in the confirmed reservation or in the rental contract.
4.7. Each party shall bear its own costs for the use of means of remote communication within the meaning of this article.
Cancellation of reservation and termination of contract
5.1. If the Lessee or User wants to cancel or change the reservation (change of vehicle class, start of rental, end of rental, location of rental etc.), must inform about it in a timely manner, as soon as possible, and at least 24 hours before the beginning of the lease, inform the Lessor.
5.2. In order to exercise the right to cancel or change the reservation from the previous paragraph, the Lessee or User must send a statement of cancellation or change of reservation to the lessor by electronic mail, by mail to the address TODI TRADE d.o.o., Virski put 134, 23 234 VIR or by another available communication channel, in which in the declaration, they will state their name and surname, address, telephone number or e-mail address and the number of the reservation confirmation/ voucher .
5.3. If the Lessee or User changes the reservation before the start of the rental in relation to the vehicle class, start or end of the rental and place, which must be confirmed by the Lessor, the Lessor reserves the right to change the rental price, according to the current prices.
5.4. In the event that the Lessee or User does not take over the rental vehicle on the date and time of the start of the rental, without previously complying with points 5.1. and 5.2. The condition is to inform the Lessor about it or if about the reasons for the delay does not notify the Lessor in writing or by phone, the reservation is considered canceled after 3 hours from the scheduled start of the rental. In this case, the Lessor reserves the right to charge the basic price for the respective class of vehicle, in accordance with the agreed duration of the lease.
5.5. In no case does the User or the Lessee have the right to terminate the contract if the rental has started and if the rental contract has been fully fulfilled, i.e. after the vehicle rental service has been performed and the vehicle has been returned.
5.6. In the event that the Lessee or User returns the vehicle before the agreed completion date
of the lease and contrary to the previous paragraph, the Lessor has the right to collect the rent until the agreed term of end of the lease, and if the vehicle is used even after the end of the lease, the Lessor has the right to collect the rent until the vehicle is returned to the Lessor, as well as additional fees for delay in returning the vehicle.
Basic rental price, additional services, fees and costs
6.1. As a rule, the basic price of renting a vehicle per day refers only to the rental price of the vehicle itself, unless otherwise stated in the price list or the Rental Agreement.
6.2. Additional services, fees and costs that are paid separately in accordance with these Terms, the Rental Agreement and the Lessor's price lists are not included in the rental price.
6.3. The prices of rentals, additional services, fees and costs are subject to change in accordance with the Lessor's business decisions, changes in tax rates or state levies and regulations. The Lessor determines and expresses the price of the rental, additional services and fees in EUR and/or another currency of his choice and at the exchange rate determined by the Lessor. The User can contact the Lessor about the prices for renting a vehicle through various channels, including telephone lines, websites, and such information is of an informative nature and does not create rights and obligations.
6.4. The User/ Lessee is obliged to pay the Lessor the basic rental price and additional services and equipment used (e.g. GPS, child seats, etc.) as well as all additional fees, services and costs specified in the Rental Agreement, these Terms, legal regulations, the Lessor's price lists and tariffs.
6.5. Fees and expenses that are paid separately before or after the end of the lease according to the valid price lists and tariffs of the Lessor include, but are not limited to:
a) compensation for an additional driver;
b) compensation for drivers under the age of 21;
c) additional fees for more kilometers traveled than contracted or approved;
d) fuel and refueling fee, if the vehicle is not returned with the amount of fuel with which it was rented.
e) compensation for delay in returning the vehicle;
f) compensation for delay in taking over the vehicle;
g ) compensation for the collection, delivery or return of the vehicle outside the branch's working hours or during non-working days, holidays and memorial days prescribed by positive regulations in the Republic of Croatia;
h) compensation for damage or repair of the vehicle (depending on other provisions of the Terms and Conditions and the Rental Agreement), as well as all costs related to the resolution, collection and repair of such damage or repair (including, legal costs);
i) contractual penalty from point 15.2.;
j) fees for processing and reporting claims;
k) compensation for damage or loss of vehicle parts, keys and equipment;
l) compensation for loss or damage to vehicle documentation;
m) compensation for cleaning the interior of the vehicle if the vehicle is returned extremely dirty which requires additional cleaning or refreshing of the vehicle. This includes, but is not limited to, liquid spills, food, vomit, other stains and unpleasant odors, including cigarette smoke, etc.;
n) traffic and/or parking fees/violations, airport fees, as well as all other similar fees arising in connection with the use or operation of the vehicle (eg road tolls, bridge tolls, etc.);
o) administrative fees specified in these Terms, the Lease Agreement or the Lessor's price lists and tariffs
Terms of payment
7.1. The lessor accepts credit cards from internationally recognized credit card companies such as: Mastercard, Visa, Maestro, etc.
7.2. At the lessor's request, before taking over the rental vehicle, the User is obliged to pre-authorize his credit card for the amount determined by the lessor at his discretion, depending on the class of the vehicle, the duration of the rental, etc., all as a guarantee of payment of the rent, all fees and expenses from these Terms and Conditions and Lease agreement. Any person, other than the User, who pre-authorizes his credit/debit card under the Rental Agreement as a guarantee for obligations from the Agreement, undertakes the guarantee for all financial obligations from the Rental Agreement as a guarantor payer up to the amount of the pre-authorization . The lessor may or may not require pre-authorization of the card.
7.3. The user undertakes to pay the rent, expenses, fees, contractual penalties and all other amounts that arise or may arise in connection with the rental and use of the vehicle to the Lessor according to the current price list, immediately or within the period determined by the Lessor. The responsibility of the Lessee, the Driver and the Additional Driver for the payment to the lessor of all obligations from these Terms and Conditions, the Rental Agreement, or in connection with the rental and use of the vehicle, is joint and several.
7.4. By reserving the rental or signing the Rental Agreement, the User, like any other guarantor or credit card provider, authorizes the Lessor to collect all amounts, fees, costs, contractual penalties, damages, etc. that are payable under these Terms, the Rental Agreement, price lists and the Lessor's tariffs by debiting the User's Lessee`s account, that is, another credit card provider. User's/Lessee`s or other card provider's account means the credit or debit card account for which the pre-authorization was carried out or other agreed account.
7.5. The Lessor can collect the amounts paid by debiting the User's account during or after the end of the lease, when it determines the existence of the User's obligation, that is, the User can pay such costs in agreement with the Lessor, which is the Lessor's free choice. By entering into a rental agreement, the User consents to the Lessor collecting all the necessary data, approvals, consents, authorizations about the User's account and card and/or a third party's card, which data the Lessor needs for the purpose of collecting any claims on the basis of the concluded Lease Agreement, so that in addition to the pre-authorization amount, he can charge any other amount in accordance with the provisions of the rental agreement.
7.6. If the User does not pay any amount from these Terms or the Rental Agreement within the payment period that will be indicated on the invoice, or the Rental Agreement, notification or other document, the Lessor may, without prejudice to any of its other rights, charge the User any additional costs as set out below:
a) statutory default interest at the rate determined by Croatian regulations;
b) all costs incurred by the Lessor in connection with the actions undertaken to collect claims, whether undertaken by the Lessor himself or through a claims collection agency or other external agency or law firm;
Collection and return of the vehicle
8.1. The Lessor will deliver to the User who meets the rental conditions a vehicle in good and driving condition, with all necessary documentation, parts, accessories and mandatory equipment. The user must make any comments regarding the condition of the vehicle immediately, before taking the vehicle away from the pick-up location. When picking up and/or returning the vehicle, the User may be asked to sign a document (so-called Check in and/or Check out ) in which the state of the vehicle will be indicated before and/or after it was taken over by the User. The document in question can be submitted for signature to the User in paper form and/or on some electronic medium (with adequate possibility for the User to sign it by hand). In the case of the electronic form of the previously mentioned document, it will be delivered to the Lessee and/or the driver and/or the additional driver after the inspection of the vehicle (to the e-mail address specified in the Rental Agreement).
8.2. By signing the rental agreement, the user confirms that he is taking over the vehicle in good condition, suitable for the agreed use, with all associated equipment and all accompanying documents.
8.3. The user undertakes to return the vehicle with all documents, spare parts and equipment, in the same condition in which he took it, in the place, on the day and time specified in the Rental Agreement and with the amount of fuel with which he rented it.
8.4. Pick-up and return of the vehicle outside office hours is possible at the User's request, for which the Lessor has the right to charge a fee according to its valid price list. If the vehicle is returned outside regular business hours, the User must comply with the instructions for return after business hours, in which case they will remain fully responsible for the vehicle until it is collected by the Lessor.
8.5. Delivery of the vehicle to the User and collection of the vehicle from the User outside the Lessor's office, if the delivery or return is made within the place where the office that delivers or picks up the vehicle is located, is charged according to the valid Lessor's price list. Delivery and collection outside the city of the branch office is possible if the User accepts a special offer that the Lessor will give for such a case.
Use of the vehicle
9.1. The user undertakes:
a) that after the termination of the lease, he will return the vehicle to the place and within the time limit established by the Agreement, in the condition, with the equipment and the amount of fuel in which he took it, or earlier at the Lessor's request, and to request an extension of the agreed rental period from the Lessor, at least 24 hours before expiry of the rental period itself, otherwise it is considered that the User has illegally appropriated the vehicle;
b) that the vehicle will not be overloaded, used for driver training, transport or towing of other vehicles or trailers, for paid passenger transport, for races, endurance tests, speed tests, for committing any illegal acts;
c) that the vehicle will be used only by the driver or an additional driver, for their own needs and in accordance with the purpose of the vehicle;
d) that the vehicle will not be used by unauthorized users and third parties;
e) that he will use the vehicle properly and treat the vehicle with the attention of a good host/businessman,
f) that he will not smoke or allow smoking in the vehicle;
g) that, when he leaves the vehicle, he will always brake, lock it with the windows closed and take the vehicle's keys and documentation and always have them under personal control, with the activation of all security systems if the vehicle has them;
h) that he will drive only on public roads, without the influence of alcohol or narcotics, respecting all traffic regulations and traffic regulation;
i) take care of the regular technical condition of the vehicle, i.e. regularly check the coolant, oil, tire pressure, etc.;
j) that he will not make any modifications to the vehicle;
k) that he will bear all expenses related to vehicle operation, fuel, road tolls, bridge tolls, parking, misdemeanor and other similar fees;
l) that the vehicle will not transport or permit the transport of more passengers or goods than the maximum allowed specified in the vehicle's traffic license;
m) that the vehicle will not be driven outside the borders of the EU, unless he has previously announced this to the Lessor when booking or picking up the vehicle, for which the Lessor may charge an additional fee in accordance with its price list (cross-border fee). In case of violation of cross-border and territorial restrictions on the use of vehicles, all protective clauses for the User from points 14 and 15 of these Terms cease to be valid;
n) that he will not and is not authorized to assume any obligations on behalf of the Lessor, in relation to the vehicle and its use and operation.
9.2. The Lessee, a legal entity, may exceptionally, with prior written notice and consent of the Lessor, rent the vehicle as a driver to an employee who meets the prescribed conditions, and in that case is obliged to familiarize him with these Rental Conditions and the driver's responsibilities, which in no way reduces the responsibility and legal entities to comply with these Terms and Conditions and the Rental Agreement.
Obligations of the User
10.1. During the rental, the user undertakes to:
a) will apply all reasonable care, i.e. the care of a good host/businessman when driving and parking the vehicle;
b) will maintain the coolant in the vehicle's radiator and battery at the prescribed level;
c) will maintain the oil in the vehicle at the prescribed level;
d) will use only the type of fuel specified for the respective vehicle;
e) will maintain the pressure in the tires at their correct level;
f) will not change the data on the speedometer or odometer;
g) if the light signals or the User considers that the vehicle requires a mechanical inspection or repair, the User will stop driving and immediately inform the Lessor
h) will ensure that all drivers who are authorized to use the vehicle during the rental period are fully familiar with and aware of the provisions of the Rental Agreement and these Terms and Conditions.
Traffic violations
11.1. The lessee, driver and additional drivers are jointly and severally liable to the Lessor for all fines and fees related to traffic and/or parking. The Lessor may, in the event that he receives a notification of a traffic or parking violation/fee committed during the rental period, send the Lessee and/or the driver or additional driver a copy of such notification as soon as possible and provide the necessary information to the competent authority for issuing such notification, penalty or fee on the driver, additional driver or Lessee.
11.2. The Lessor has the right to charge the driver, additional driver or the Lessee an administrative fee to cover the costs of processing and sending notifications to the competent authority, the driver, the additional driver or the Lessee related to traffic and/or parking violations and fees in accordance with the valid price list of the Lessor.
11.3. In the event that the Lessor is obliged to pay fees for traffic or parking violations, the Lessor will charge the User, i.e. his account, for the amount of the paid fee, plus interest and other costs, after payment of the same.
Damage, breakdown, traffic accident, theft/disappearance of vehicle and loss of documentation
12.1. If the vehicle has been involved in a traffic accident, is damaged, broken or requires repair or rescue, regardless of the cause, the User must stop the vehicle without delay, immediately inform the Lessor and the police about the incident and request a record of the incident (police record), fill out a report about the event/damage and insure the vehicle against deterioration and even greater damage.
12.2. The User may not organize or undertake any repairs without the Lessor's approval except to the extent necessary to prevent further damage to the vehicle or other property. If the vehicle requires repair or replacement, the decision to provide the User with another vehicle belongs exclusively and independently to the Lessor.
12.3. Especially in the event of a traffic accident or vehicle theft/disappearance, collision with an animal, fire or vehicle ignition or vehicle explosion, the User is obliged to call the police and request a record of the event.
12.4. The cost of registering and recreating the lost accompanying documentation for the vehicle (traffic license, registration marks, etc.) is charged to the User according to the valid Price List.
12.5. The Lessor will compensate the User for the necessary costs for oil, lubricant, regular servicing and light repairs incurred during the rental, if the costs were incurred with the prior notification and approval of the Lessor, except for the costs of washing the rented vehicle, all based on the invoice presented upon payment. The invoice must bear the name of the Lessor and will be recognized by the Lessor if paid in cash to a legal entity.
12.6. If it is determined that the User has unjustifiably or unnecessarily replaced some assembly, part or device on the vehicle, the Lessor will not pay the User the value of that part, assembly or device.
12.7. In order to reimburse the mentioned costs, the User must obtain the consent of an authorized person of the Lessor, otherwise reimbursement will not be possible.
12.8. The lessor is not responsible for damages that may occur to the user or passengers in the vehicle or to third parties and their property.
User's responsibility for damage
13.1. The User is obliged to compensate the Lessor for all damage caused to the vehicle or related to the vehicle and damage caused in connection with the use of the vehicle, which refers but is not limited to:
a) any loss, theft, disappearance or damage to the vehicle and its parts, accessories or additional equipment;
b) any consequential damage, losses or costs incurred by the Lessor, including repair costs, rescue costs, losses due to the inability to rent the vehicle, demurrage, damage processing, legal costs, etc.;
c) any loss or damage to passengers in the vehicle, third parties, their vehicles and property incurred during the rental or use of the vehicle.
13.2. In terms of the previous paragraph, the user is particularly responsible for damages and losses caused by:
a) failure to comply with these Terms and Conditions (especially points 9 and 10), the Rental Agreement and applicable regulations,
b) if as a result of improper use of the vehicle or the User's fault, the engine or drive mechanism of the vehicle is damaged;
c) lack of engine oil, pouring in the wrong oil or fuel, lack of oil for the gearbox or differential, cooling agents, as well as damage to the crankcase, clutch, or any damage to the vehicle's undercarriage;
d) if these damages were caused by an unauthorized user or driver.
13.3. The user is also responsible for all other damage caused by non-compliance with the provisions of these Terms and Conditions, the Rental Agreement and regulations.
Third-party liability insurance
14.1. In accordance with the legal regulations and insurance conditions, the lessor's vehicles are insured for damages that may occur to third parties due to the use of the vehicle due to death, physical injury, damage to health, destruction or damage to property during the rental period.
14.2. This insurance may be invalid in the event that the User violates any provision of these Terms, the Rental Agreement, legal regulations and insurance conditions, in which case the User agrees to compensate or regress to the Lessor all related expenses, if the Lessor is obliged to compensate damage to a third party or their insurer.
Liability for return of vehicle and protective provisions/clauses
15.1. The User undertakes to return the Vehicle undamaged, in the same condition in which he rented it, in accordance with the other provisions of these Terms and Conditions and the Rental Agreement.
15.2. If the User does not return the Vehicle in accordance with the previous point, undamaged and in the condition in which he received it, he is obliged to pay the Lessor a contractual penalty (penalty) depending on the category/class of the vehicle and the type of damage, according to the valid price list of the Lessor.
15.3. In addition to the contractual penalty, the User is obliged to compensate for all damage caused to the vehicle or in connection with the vehicle, in accordance with point 13 of these Terms and Conditions and in accordance with the Rental Agreement. Responsibility of the User from point 15.2. and from point 13.1.a) of these Terms and Conditions (except liability for the loss of additional equipment and vehicle parts) can be limited by agreeing a protective provision/clause, which must be specified in the Contract and by paying (within the deadline from point 7.3. of these Terms) a daily supplement/ compensation for the agreed protection clause from point 15.4. Condition according to the valid price list of the Lessor.
15.4. The Lessor offers the User the possibility of contracting the following protective provision/clause or compensation:
a) PREMIUM package of clauses that includes:
CDW ( Collision Damage Waiver ) - by contracting and paying compensation for this clause, the User's obligations are reduced/limited to the obligation to pay the contractual penalty from point 15.2. Condition, in accordance with the Lessor's price list for the respective vehicle category. The CDW clause does not limit the User's liability for: destruction/damage of car tires, rims or rim covers, destruction/damage of the vehicle's undercarriage, vehicle interior and windows, in which case the User, in addition to the contractual penalty, is obliged to compensate the Lessor for the damage to those parts of the vehicle in the full amount of the repair
TP ( Theft Protection) – by contracting and paying compensation for this clause in case of Vehicle theft, the User's responsibility is limited to the payment of the contractual penalty from point 15.2. Condition.
CDW + - by contracting and paying compensation for this clause, the User, in addition to the obligation to compensate damages from point 13.1.a), is released from the obligation to pay the contractual penalty from point 15.2. Condition. The CDW + clause does not limit the User's liability for: destruction/damage of car tires, rims or rim covers, destruction/damage of the vehicle's undercarriage, vehicle interior and windows, in which case the User, in addition to the contractual penalty, is obliged to compensate the Lessor for the damage to those parts of the vehicle in the full amount of the repair
WUG (Wheel, Underside & Glass Insurance ) – by contracting and paying the fee for this clause, the User is released from responsibility for the destruction/damage of tires, rims or rim covers, destruction/damage of the vehicle's undercarriage and glass. The WUG clause does not release the User from responsibility for damage to the interior of the vehicle.
PAI - by paying this daily supplement for passenger insurance, the driver and passengers in the vehicle are insured against an accident for death and disability up to the amount prescribed by the insurance company where the Lessor's vehicle is insured
15.5. In order to exercise the right to limitation of liability from the previous point 15.4. of these Terms and Conditions, the User is obliged to prove that he used the vehicle correctly, that he complied with these Terms, the Rental Agreement and regulations, as well as the eventual liability of a third party for the occurrence of damage with credible documentation (police report) at the latest when returning the vehicle/ending the rental or when calculating the price, contractual penalty, compensation and damages from the lessor, otherwise they will not be able to use the limitation of liability
15.6. Loss of rights to protective provisions/clauses
15.7. The User accepts that by paying fees for the CDW, CDW+, WUG, TP and PAI clauses, i.e. the PREMIUM package, the clause does not limit, reduce or exclude the User's material responsibility if, including but not limited to:
a) The user drove the vehicle under the influence of alcohol, drugs or narcotics;
b) The user drove the vehicle when it was unsafe or unsuitable for driving, and such a condition occurred during duration of the rental, which caused or contributed to the damage to the vehicle, and the User was aware or must have been aware of the unsafe or unsuitable condition of the vehicle;
c) Mechanical failure, damage to the engine or drive mechanism of the vehicle and/or electrical or electronic breakdown as a result of improper use of the vehicle. This exemption also applies to engine damage or transmission system directly caused by any mechanical failure or breakage;
d) damage occurs due to a lack of engine oil, continuing to drive without oil, pouring in the wrong oil or fuel, lack of gearbox or differential oil, cooling agents, as well as damage to the crankcase, clutch, gearbox, or any damage to the vehicle's undercarriage;
e) a vehicle used for racing, driver training, endurance tests, speed tests, reliability tests, rally races or competitions, or for testing and in preparation for any of the above;
f) The user fails to brake the vehicle, when leaving it, to lock it with the windows closed and to take the vehicle's keys and documentation and always have them under personal control, that is, he is not able to present the vehicle's keys and documents;
g) used the vehicle contrary to its purpose;
h) used the vehicle on ungraded roads;
i) the vehicle was driven by an unauthorized user/driver, i.e. any damage was caused by an unauthorized user/driver;
j) the vehicle was driven by a driver without a driver's license or a driver whose driver's license was revoked or who was issued a driving ban;
k) violated cross-border or territorial restrictions, i.e. if the user drove the vehicle outside the borders of the EU, without previously announcing this to the lessor when booking or picking up the vehicle and paying a special fee for it,
l) vehicle damaged due to violation of traffic regulations, restrictions or prohibitions, intentionally or due to gross negligence of the User, i.e. persons under his control and persons for whom he is responsible;
m) vehicle overloaded more than the manufacturer's specifications from the traffic license or there were more people in the vehicle than allowed;
n) loading and unloading of the vehicle performed while the vehicle is on the road;
o) The user failed to stop the vehicle or remain at the scene after the accident and to provide a police record of the incident;
p) there was a burst or damage to the tire or damage to the tire due to the use of brakes;
q) damage caused by cargo transported in or on the vehicle;
r) damage caused to the vehicle after the end of the contracted rental period, i.e. after the expiration of the approved extension of the rental period;
s) damages and damages caused intentionally or by gross fault/negligence of the User;
t) if the protective clauses were not already agreed upon and specified in the rental agreement before the beginning of the lease, i.e. before the occurrence of the damage
15.10. By paying fees for the PREMIUM package, the clause does not limit or exclude the responsibility of the User in other circumstances provided for by legal regulations and insurance rules that regulate the loss of insurance rights. Also, the stated clause does not exclude or limit liability for damage to the vehicle caused by war operations or rebellions, nor damage due to loss/damage of additional and mandatory vehicle equipment, keys and documents.
15.11. The User's responsibility for the loss and damage of parts, accessories, vehicle keys and documents, as well as damage caused to third parties and their property not limited or excluded by contracting PREMIUM package clauses
User complaints
16.1. The user can submit his complaints and objections regarding the rental of the vehicle and the execution of contractual rights and obligations to the Lessor by mail to: TODI TRADE doo, Virski put 134, 23 23234 VIR or by e-mail
16.3. The Lessor will respond to the received complaint within 15 days of receiving it and deliver the response to the User by post or email. The Lessor's decision regarding objections is final.
Personal data
17.1. In the process of entering into a rental agreement and executing a vehicle rental agreement, the Lessor processes certain personal data of the User, because the Lessor needs this data in order to be able to conclude and execute the rental agreement. Through the process of reserving a vehicle and entering into a rental agreement, the User voluntarily provides the Lessor with his personal data (name, surname, address, driver's license, passport, etc. ) . Without personal data, it will not be possible to rent.
17.2. Information on the processing of personal data and the User's rights with regard to such data is published on the Lessor's website.
Loss of personal property
18.1. The Lessor shall not be liable to the User or the passengers in the vehicle for the loss or damage of items left in the vehicle either during or after the end of the rental. By signing the Rental Agreement, the User expressly waives all claims against the Lessor for such losses or damages.
Termination of the rental agreement
19.1. The Lessor has the right to terminate the Rental Agreement and immediately take possession of the vehicle if the User fails to act or fails to comply with any provision of these Terms or the Rental Agreement, or if the vehicle is damaged. Termination of the lease under this provision does not affect the Lessor's other rights under these Terms and the Lease Agreement.
Court jurisdiction and applicable law
20.1. The lessor aims to resolve all disputes peacefully. These Conditions are in accordance with the laws of the Republic of Croatia and all unresolved disputes that may arise from or in connection with these Conditions, the Rental Agreement are subject to the exclusive jurisdiction of the Croatian courts according to the Lessor's registered office.
20.2. Croatian law applies to everything that is not regulated by these Terms or the Rental Agreement.
Final provisions
21.1. The provisions of these Terms and Conditions are subject to changes by the Lessor, and the amended conditions will be published on the Lessor's website, from when they come into force, unless otherwise stated.
21.2. The Lessor must give the User a copy of the Rental Agreement when taking over the rental vehicle, which must be kept in the vehicle during the rental period and presented to the police or other authorized persons upon request.
These General Terms and Conditions apply from: 01.01.2024. year.