Rental terms

General vehicle rental terms of Maximum Rent a Car. Please read all articles carefully before collecting the vehicle.

1

Article 1

Definitions

  • "Lessor" – the company MAXIMUM RENT A CAR d.o.o., with its registered seat at Potpolje bb, 88260 Čitluk, Bosnia and Herzegovina, company registration number: 4227631720004.
  • "Lessee" – the natural or legal person in whose name the vehicle is rented. In the Vehicle Rental Agreement they are designated as the "Lessee" and are responsible for complying with all points of these General Rental Terms and of the Rental Agreement.
  • "Agreement" – the individual rental agreement signed upon collection of the vehicle, which authorises the use of the vehicle and defines the collection and return of the vehicle, the coverage, the equipment and services included in the rental price, and the method of payment. The Agreement also contains information on the odometer reading, the amount of fuel, damage and any defects on the rented vehicle, as well as other rights and obligations which both contracting parties fully accept by their signature.
  • The condition of the vehicle at the time of handover and the General Rental Terms are considered part of the Vehicle Rental Agreement.
  • "Driver / additional driver" – the natural person named in the Rental Agreement as the "User", who signs the Rental Agreement and collects the vehicle, responsible for complying with all provisions of the Rental Agreement.
  • "User" – the Lessee, the driver and the additional driver are, in the remainder of these General Rental Terms, referred to by the single term "User".
  • "Vehicle" is the object of the rental under the Agreement, whose details are stated in the Agreement.
2

Article 2

Vehicle handover

By signing this Agreement, the Lessee confirms that they have collected the vehicle in proper and undamaged condition and with a full fuel tank, unless expressly stated otherwise in writing in the Agreement. The Lessee confirms that, together with the vehicle, they have received the vehicle document, the vehicle keys, all mandatory equipment and vehicle accessories, as well as the additional equipment and accessories listed in the Agreement.

By signing the Agreement, the Lessee warrants to the Lessor that they meet the general minimum-age requirements for operating a motor vehicle and that they hold the documents required to operate a motor vehicle in accordance with the applicable regulations of Bosnia and Herzegovina, which they are obliged to present to the Lessor in the original, while a copy thereof remains in the Lessor's possession as an annex to the Agreement.

3

Article 3

Return obligations

The Lessee undertakes:

  • to return the vehicle to the place of collection, no later than within the period set out in this Agreement;
  • to return the vehicle even before the agreed term, at the Lessor's request;
  • to return the vehicle in proper and undamaged condition, with all documentation, keys, tyres, tools, mandatory, standard and additional equipment, and a full fuel tank, just as it was collected;
  • to pay any monetary obligations under this Agreement immediately upon collection of the vehicle, where they are not paid in the form of an advance payment or deposit;
  • that the Lessor may charge to their credit card, or by another method of payment, all costs of repair, faults or loss discovered after the vehicle has been returned, where the Lessee did not report them to the Lessor in accordance with the vehicle return procedure;
  • to acknowledge that the Lessor is authorised to charge their credit card for any costs the Lessor incurs under the Agreement;
  • to request from the Lessor, in good time, any extension of the rental period as well as any other changes regarding the rental;
  • in the event that the Lessee exceeds the agreed vehicle return deadline without the Lessor's consent, the Lessor has the right to consider the vehicle stolen and to report it to the police. In that case, the Lessee bears all resulting damage;
  • in the event of exceeding the vehicle return deadline, the Lessee accepts all obligations and liabilities under this Agreement that are otherwise agreed for the duration of the rental.

All employees of MAXIMUM RENT A CAR d.o.o. have the right to inspect any vehicle at any time. If it is established that the Lessee has breached any of the terms of this Agreement, the employees are authorised to seize the vehicle.

The Lessor unconditionally reserves the right to terminate the Vehicle Rental Agreement, at any time and in any place and before the expiry of the Vehicle Rental Agreement, without any obligation to compensate the Lessee for damage.

4

Article 4

Lessee's obligations

Obligations of the Lessee:

  • to collect and use the rented vehicle in accordance with the Road Traffic Safety Act of BiH, or any other law regulating road traffic in the territory of other states, and other applicable regulations;
  • to stop driving immediately if a fault occurs on the vehicle's odometer, and to notify the Lessor thereof without delay;
  • to use the vehicle only for their own needs;
  • that the vehicle will be operated only by the Lessee or a person named in the Agreement as a driver alongside the Lessee, that is, named in the Agreement as an additional driver, provided that such persons hold the necessary licences and documents to operate the vehicle;
  • not to drive the vehicle outside the borders of Bosnia and Herzegovina, unless specified in the Agreement, and not to drive the vehicle into countries where entry is not permitted;
  • not to use the vehicle for unlawful purposes, for example to commit criminal offences, customs, foreign-currency or other violations, or other unlawful acts;
  • not to overload the vehicle with cargo or passengers;
  • not to operate the vehicle under the influence of alcohol or narcotics;
  • to take care of the technical soundness of the vehicle and its mandatory periodic servicing;
  • to regularly check and, if necessary, top up the coolant, the oil and the tyre pressure;
  • when not using the vehicle, to always lock it and remove the keys and vehicle documentation, while also activating any other security devices if such exist on the vehicle;
  • not to use the vehicle to transport goods, cargo or passengers; to tow or transport other vehicles or trailers; to transport materials, objects or items that may damage or contaminate the vehicle, for example animals, highly flammable materials, excessively dirty items or items with an unpleasant odour; for races, motorsport or other similar competitions; or for driver training.
  • to use the vehicle as a good steward / prudent businessperson in accordance with the provisions of the Obligations Act of the Federation of BiH.
5

Article 5

Costs and fuel

The cost of fuel used during the rental is borne by the Lessee.

Costs which the Lessee undertakes to settle, regardless of whether they are charged to the Lessor as the owner of the vehicle, to the Lessee or to the driver of the vehicle (unless such costs are caused by the exclusive fault of the Lessor), and which arise from:

  • matters connected with the transport of the vehicle;
  • garaging, parking, road tolls, bridge tolls and the like;
  • all fines for breaches of traffic or other regulations;
  • court, misdemeanour or other proceedings;
  • default interest on the said debts;
  • costs arising or caused during the term of the vehicle rental, regardless of when they are determined or fall due.

The Lessor reimburses the Lessee for the necessary costs of oil, lubricant, mandatory periodic servicing and other minor repairs incurred during the rental period. In doing so, the Lessee is obliged to submit to the Lessor a valid invoice issued by the legal entity that performed the service. If it is established that the Lessee carried out an unnecessary replacement or service of an assembly, part or device on the vehicle, the Lessor reserves the right to refuse to reimburse the Lessee for such cost. Vehicle washing costs are not reimbursed.

6

Article 6

Damage and compensation

In the event of a shortage of, or damage to, the vehicle, equipment or accessories, regardless of how it occurred, the Lessee shall pay the Lessor their full monetary value at market prices for new identical parts, applicable on the agreed date of the vehicle's return.

If, due to negligence of the vehicle's Lessee or driver, damage occurs to the engine or drivetrain of the vehicle (for example due to a lack of oil or coolant), in cases of damage to the oil pan, the clutch, the undercarriage of the vehicle or other faults caused by the negligence of the Lessee or driver (for example careless driving or driving off-road), the vehicle's Lessee shall reimburse the Lessor for the entire amount of the vehicle repair costs and, additionally, the amount of lost daily rental of the vehicle according to the applicable price list for the duration of the vehicle repair, but no more than 30 days, as well as all resulting damage such as, for example, vehicle towing costs or the diminished value of the vehicle. If, for any reason, special cleaning of the vehicle is required, the Lessor shall cover the cost of any necessary cleaning. The Lessor reserves the right to charge for the fuel-refilling service.

7

Article 7

Insurance

All vehicles are insured against liability for damage caused to a third party.

The deductible depends on the vehicle group and is determined by the Lessor's applicable tariff and stated in the Agreement.

CDW – daily collision (casco) insurance – by which the Lessee reduces their liability for damage to the amount of the deductible, which depends on the vehicle group; if the amount of the damage is less than the deductible, the lower amount is charged to them.

TP – theft protection – the user limits their liability for that type of damage up to the amount of their share in the damage (the deductible).

CDW+ – coverage for buying out part of the liability for the share in damage occurring on the vehicle's bodywork, for a reduced amount.

SCDW – coverage by which the financial liability for the share in damage occurring on the vehicle's bodywork is fully bought out.

The insurance does not, under any circumstances, cover:

  1. 1damage to tyres, rims and wheel rims;
  2. 2damage to the vehicle's undercarriage, the vehicle interior, the windscreen and other vehicle glass;
  3. 3a burnt-out vehicle clutch;
  4. 4damage to the engine caused by a lack of oil, by filling with the wrong type of fuel, or by negligent use;
  5. 5damage arising from the loss of documents, vehicle keys or registration plates;
  6. 6damage caused by a driver under the influence of alcohol, drugs or other intoxicants;
  7. 7damage caused by an unauthorised driver;
  8. 8damage caused abroad where the border crossing was not approved by the Lessor;
  9. 9any damage to the vehicle that has not been reported to the competent police station / the Lessor;

In the event of any of the above damaging events, the Lessee is liable for the full amount of the damage.

The Lessor is not considered liable for damage to, or loss of, the Lessee's property.

8

Article 8

Accidents, theft and damage

In the event of a traffic accident, damage, breakdown, embezzlement, theft, mechanical failure of the vehicle and other similar circumstances, the Lessee is obliged to:

  • safeguard the vehicle until it is taken over by the Lessor;
  • record the names and addresses of the participants and witnesses;
  • call the competent police authority and secure their report, except in the case of mechanical failure;
  • without delay, give a statement about the event at the nearest branch of the Lessor.

If the Lessee does not secure a police report, the entire cost of compensation for damage in connection with damage to or loss of the vehicle falls on the Lessee in full, regardless of the Lessee's fault for such event. The Lessee acknowledges that, in the event of negligent treatment of the vehicle, the documents or the vehicle keys, as well as in other cases provided for by the insurance rules or by law, they may be charged by a recourse claim of the vehicle insurer.

The insurance does not cover damage caused intentionally, under the influence of alcohol or drugs, without the prescribed driving licence, or in the event that the driver's licence has been revoked, in cases where the vehicle carries more persons than the number of registered seats, damage caused by acts of war or rebellion, as well as in other circumstances provided for by the rules of the insurance company or by legal regulation.

The insurance does not cover the risks of destruction or damage of vehicle tyres, wheel rims or rim caps, or the destruction or damage of the vehicle's undercarriage.

9

Article 9

Vehicle damage and theft

In the event of damage to the vehicle, the Lessee shall, at the Lessor's request, pay the full amount of the repair of the damaged vehicle and other losses the Lessor incurs due to the damage to the vehicle, including lost profit in the amount of the daily rental due to non-use of the vehicle during the repair period according to the applicable price list, but no more than 30 days.

In the event of theft of the vehicle or other circumstances due to which the Lessee is unable to return the vehicle to the Lessor at the end of the rental, the Lessee shall, at the Lessor's request, pay the full value of the vehicle, namely the purchase value of a new vehicle, according to the offer of the Lessor's supplier, as well as other losses the Lessor incurs due to the lack of the vehicle, including lost profit in the amount of the daily rental due to non-use of the vehicle according to the applicable price list, but no more than 30 days.

In the event of damage to third parties, the Lessee shall bear all costs the Lessor might incur on that basis.

10

Article 10

Lessor's liability

The Lessor is not liable for damage that the Lessee might incur as a result of a delay in the delivery of the vehicle, nor for damage that might arise due to any fault of the vehicle during the term of the rental.

The Lessor is not liable for damage that might arise to persons or items transported in the vehicle.

11

Article 11

Transfer of rights and modifications

The Lessee may not transfer the rights or obligations under this Agreement to third parties, nor may they alienate the vehicle, its parts or equipment, or carry out any modifications to the vehicle.

12

Article 12

Governing law

All rights and obligations not regulated by these terms shall be governed by the provisions of the Act on Obligations applicable at the seat of the Lessor.

13

Article 13

Jurisdiction

In the event of a dispute under this Agreement, the parties agree to the local jurisdiction of the materially competent court in Široki Brijeg.