General Terms and Conditions
UAB “LITIDEAL“ (hereinafter Litideal) is the franchisee of the Avis brand in Lithuania. These general terms and conditions apply to all camper (hereinafter vehicle) short-term rental agreements entered into with Litideal.
1. Rental Period 1.1. The lessee rents the vehicle for the period set out in the rental agreement. The rental period can be extended by agreement between the parties. Before extending the rental agreement, Litideal submits a price list for extending the rental period to the lessee and the lessee confirms their acceptance to the price list by e-mail. The minimum rental period is five days.
2. Delivery and Return of Vehicle 2.1. The lessee is required to participate in the detailed introduction of the vehicle by an employee of Litideal. 2.2. Upon the delivery of the vehicle, the lessee must make sure that the vehicle they receive is in good technical condition and has no faults and that the passenger compartment of the vehicle is clean. The lessee must check whether the damage visible on the vehicle upon delivery of the vehicle has been recorded on the technical condition sheet of the vehicle. No later complaints about damage to the vehicle are accepted and such damage is deemed to have been caused by the lessee and is subject to compensation to Litideal. 2.3. The lessee is required to return the vehicle at the time and on the date agreed in the special terms of the rental agreement at the place indicated in the agreement. Litideal accepts a delay of up to one hour in returning the vehicle, after which an additional day charge will apply for using the vehicle. 2.4. If the lessee fails to return the vehicle at the agreed time and place or immediately after the premature termination of the agreement (in case that happens), Litideal has the right to declare the vehicle missing and exercise all the rights prescribed by legislation in order to gain possession of the vehicle, including the lessee authorises Litideal to immediately take possession of (including to remove) the vehicle. If Litideal incurs any additional expenses in relation to the above, the lessee is required to compensate Litideal for such expenses. Upon the removal of the vehicle, Litideal is not liable for any damage or loss to the items left in the vehicle by the lessee that may occur to them during or after the removal. 2.5. The lessee is required to return the vehicle in the same condition in which it was upon the delivery of the vehicle to the lessee, normal wear and tear excepted. The lessee is required to return the vehicle along with all tyres, equipment and documents to the staff of Litideal. 2.6. The lessee receives the vehicle with a full fuel tank and is also required to return the vehicle with a full fuel tank. If the vehicle is not returned with a full fuel tank, the lessee is required to pay the fee determined in clause 4.2.9. 2.7. Upon returning the vehicle, the lessee is required to clean the passenger compartment, empty the waste water tank and toilet holding tank. Upon breach of the requirement, the lessee is required to pay the cleaning fee referred to in clause 4.2.7.
3. Requirements for Use of Vehicle 3.1. As the user of the vehicle specified in the rental agreement and as the holder of a valid driving licence, the lessee is required to know and comply with the traffic rules in force, accepting any fine or other costs resulting from a breach of the traffic rules by the lessee. 3.2. The vehicle may be driven by a person who: 3.2.1. is specified in the rental agreement and holds a valid driving licence and is at least 25 years old; 3.2.2. another person who has been indicated in the rental agreement by Litideal at the request of the lessee and who complies with the terms and conditions imposed on a driver. The lessee is fully liable for the drivers of the vehicle and is must ensure that the drivers adhere to the rental agreement. 3.3. The vehicle may not be used: 3.3.1. for carriage of passengers for a charge (e.g. provision of carriage or taxi services); 3.3.2. for towing any other vehicle or a trailer; 3.3.3. for carriage of goods in breach of customs rules or for any other unlawful act; 3.3.4. by a driver who is under the influence of alcohol (the driver must be 100% sober), narcotic drug or another illegal substance; 3.3.5. by a driver who does not hold a driving licence for a vehicle of the respective category; 3.3.6. for racing or for training for racing competitions; 3.3.7. for driving lessons; 3.3.8. for driving outside roadways; 3.3.9. to transport any hazardous, toxic, flammable, corrosive, radioactive, harmful, dangerous or illegal materials; 3.3.10. for carrying the animals. 3.4. Smoking in the passenger compartment of the vehicle is prohibited. Upon a breach of the requirement, the lessee is required to pay the cleaning fee referred to in clause 4.2.6. 3.5. When leaving the vehicle, the lessee is required to take the necessary precautions (including but not limited to lock the doors of the vehicle, activate the handbrake) to prevent any accidents or theft. The lessee is also required to take the keys to and documents (registration certificate and other documents) of the vehicle with them when leaving the vehicle. 3.6. It is forbidden to sublease the vehicle, to assign the rights or obligations provided for in the rental agreement to third parties, to transfer the vehicle to another third party, unless otherwise agreed in writing between the parties. 3.7. While using the vehicle, the lessee must: 3.7.1. comply with the vehicle operation requirements established by the manufacturer of the vehicle and specified in the manuals/instructions which can be found in the vehicle; 3.7.2. comply with Litideal’s instructions and recommendations; 3.7.3. comply with the legislation applicable for driving the vehicles and other applicable regulation; 3.7.4. not use the vehicle when any warning light is on or when the service reminder message is displayed unless it is unsafe to stop or you have been advised by Litideal to continue driving; 3.7.5. unless otherwise agreed in writing between the parties, use the vehicle only within the territory of the Baltic States.
4. Charges 4.1. Upon entry into the rental agreement before the start of the rental period (and at the latest on acceptance of the vehicle for rent), the lessee must pay the rental charge and security deposit. The security deposit is paid five working days before the rental date in the amount of 900–1,200 euros (the exact amount of the security deposit is specified in the special conditions of the vehicle rental agreement). At the end of the rental period, after the vehicle is returned to Litideal, any amounts payable by the lessee to Litideal under the vehicle rental agreement (including, but not limited to, vehicle cleaning fees) shall be deducted from the deposit and the remaining amount of deposit shall be returned to the lessee. 4.2. The lessee is required to pay Litideal: 4.2.1. a rental charge according to the applicable rates, calculated on the basis of the number of rental days and the kilometres covered. If the vehicle is returned more than one hour after the agreed time of return indicated in the rental agreement, the lessee is required to pay for the rental period calculated based on the actual time of return. If the lessee returns the vehicle before the end of the rental period, Litideal has the right to request the payment of the full rental charge indicated in the rental agreement; 4.2.2. all additional charges (insurance, delivery charge, etc.) along with the value added tax provided in law, which the lessee has agreed to by signing the rental agreement; 4.2.3. a fine for driving the vehicle in a state of intoxication, for breaching the traffic rules or for other unlawful activities if the fine related with the use of the vehicle by lessee is collected from Litideal, including if Litideal is fined for permitting a person not entitled to drive motor vehicles to drive the vehicle; 4.2.4. if the lessee has the proper consent of Litideal for leaving the Baltic states and the vehicle becomes unroadworthy outside the Baltic states, the lessee is required to pay the costs of bringing the vehicle to the rental office of Litideal in the Republic of Lithuania. The lessee bears full liability for the preservation of the vehicle and for any damage caused thereto (including the risk of accidental destruction of and damage to the vehicle) that has occurred before the vehicle was inspected and accepted by an employee of Litideal at the rental office of Litideal in the Republic of Lithuania; 4.2.5. the parking fines, traffic fines and late interest charges submitted to Litideal, and charges for towing, if necessary, the vehicle to a car park due to incorrect parking or for any other reason, plus the fine or damage administration fee of Litideal in the amount of 35 euros; 4.2.6. a charge for extraordinary cleaning of the vehicle in the amount of 200 euros if it has been smoked in the vehicle or if the interior of the vehicle is so dirty that dry cleaning is required to restore the condition prior to the rental; 4.2.7. upon failure to clean the vehicle or empty the toilet and waste water, a fine of 200 euros; 4.2.8. upon transport animals in the vehicle, a fine of 200 euros; 4.2.9. upon failure to return the vehicle with a full tank, the fine is 2.5 euros per litre. 4.3. The lessee pays Litideal by bank transfer. Upon failure to pay the rental charge or other charges set out in the rental agreement and/or in the general terms and conditions in a timely manner, the lessee pays late interest at the rate of 0.2% of the outstanding amount per day of delay. Upon late payment of the charges, late interest and fines are deemed paid first, followed by the principal amount of the charge. If the lessee fails to comply with the requirements arising from the rental agreement and/or fails to comply with them in a timely manner, Litideal will have the right to disclose information concerning the lessee in a credit register (including, but not limited to, the database maintained by Creditinfo and the global database of Litideal).
5. Liability 5.1. The lessee bears full liability for the preservation of the vehicle and for any damage caused thereto (including the risk of accidental destruction of and damage to the vehicle) that has occurred before the vehicle was inspected and accepted by an employee of Litideal. 5.2. The lessee acknowledges and agrees that the lessee uses the vehicle at the lessee’s sole and individual risk. Litideal is not responsible for any consequences, demands, causes of action, claims, loss, liability, damages, fees, costs, injuries, penalties, legal fees or disbursements of any kind, whether foreseeable or not, that the lessee or a third party may suffer as a result of the use of the vehicle by the lessee. 5.3. The lessee is solely responsible for any damage to the lessee’s or other persons personal belongings (i.e. clothes, bags, things on board of the vehicle etc.) or used in the course of rental of the vehicle, unless such damage has occurred due to the fault of Litideal. 5.4. If any defects become evident in the vehicle or the vehicle is involved in an accident or is vandalised during the rental period, the lessee is required to immediately notify Litideal thereof and follow the instructions provided by Litideal for further action. The lessee may not (and may not let other persons) repair any defects that have become evident in the vehicle themselves. Upon a breach of this clause, the lessee is required to compensate for the damage caused to Litideal (e.g. if the original parts of the vehicle have been replaced with parts of substandard quality or with non-original parts, depreciation of value of the vehicle). 5.5. To the extent such liability limitation is not forbidden by the applicable law, Litideal shall not be held liable for: 5.5.1. any possible damage suffered by the lessee due to the delay related to the rent of the vehicle; 5.5.2. any harm to the lessee’s health or life while renting the vehicle; 5.5.3. any damage caused by the lessee to third persons while renting the vehicle; 5.5.4. any harm or damage caused to the lessee or third persons due to the actions of previous user of the vehicle; 5.5.5. any indirect loss; 5.5.6. in any case, for losses that Litideal is liable for, that are exceeding the price of the vehicle rent services, that were not provided or were provided improperly. 5.6. In no event shall Litideal’s aggregate liability for any and all claims under the vehicle rent agreement, including those based on tort or other grounds, to the extent such liability limitation is not forbidden by the applicable laws, exceed EUR 500 or the amount of the fees paid by the lessee to Litideal for the period of use of the vehicle during which the accident, incident or event that caused the claim occurred, whichever is lower.
6. Insurance 6.1. Litideal insures the vehicle used by the lessee against damage that a third party may incur in accordance with the law in force as well as for other events agreed by Litideal with the chosen insurer. In the case of an insured event, the insurance terms and conditions agreed between Litideal and its insurer will apply. The lessee is required to examine the respective terms and conditions of vehicle insurance at the service counter of Litideal before entry into the rental agreement. The lessee is liable for damages if the insurer refuses to reimburse the damages, and also if the event is declared an uninsurable event. 6.2. Upon the occurrence of an insured event, the lessee must pay to Litideal the deductible in amount of EUR 1,000. The lessee if agreed by the parties in special conditions of the rental agreement can reduce the excess by paying an additional charge for each day of the rental period. 6.3. Irrespective of the provisions of clause 6.2, the insurance cover does not extend to the following damage: 6.3.1. Damage caused to the passenger compartment, steering system, bottom or engine compartment of the vehicle, driving with flat tyres, damage caused by driving outside the roads designated for vehicle traffic (e.g. frozen water bodies, forests, fields, meadows, etc.). 6.3.2. If the vehicle is stolen and the lessee has not taken the documents of and/or the key to the car with them when leaving the vehicle as required in clause 3.5. 6.3.3. If the driver of the vehicle has been driving under the influence of alcohol (the driver must be completely sober), drugs, medicines or other intoxicating substances, or if he/she has consumed alcohol or other intoxicating substances after the accident and before the drunkenness test, or if he/she has evaded the drunkenness, intoxication or obstructed the drunkenness, intoxication or obstructed the test. 6.3.4. If the driver of the vehicle was driving a vehicle without the right to drive a vehicle in this category. 6.3.5. If the driver of the vehicle was driving a vehicle which at the time of the accident had passed the expiry date of the national roadworthiness test and the cause of the accident was a technical fault of the vehicle. 6.3.6. If the driver of the vehicle has disobeyed a police officer’s (traffic regulator’s) request to stop, has attempted to flee or has been brought to a halt, or has left the scene of the accident arbitrarily. 6.3.7. If the vehicle has been used as an instrument of crime or a means of suicide, if the vehicle has been used for a purpose other than that for which it was intended, or if the vehicle has been used with tyres that do not comply with the requirements of the regulatory enactments in force at the place of the accident. 6.3.8. If the vehicle was being prepared for, or was involved in, an event where the aim is to drive at the highest possible speed (e.g. sports competitions, training). 6.3.9. If the vehicle has been used to tow another vehicle, or been towed in breach of applicable laws. 6.3.10. If the vehicle has been left unattended, i.e. with windows, sunroof or roof open, doors unlocked, security devices in disorder and not activated. 6.3.11. If the vehicle has been used in a manner contrary to its technical characteristics. 6.3.12. If the Lessee has failed to provide Litideal with all the necessary documents to establish the causes of the insured event and the amount of the damage, as well as with the certificates issued by the police and/or other competent state authorities, provided that the event should have been registered with the police and/or other authorities in accordance with the factual circumstances of the event, the following these terms and conditions, and with the regulatory enactments of the country in which the event occurred. 6.3.13. Failure to comply with the vehicle rent agreement. 6.4. The non-insurable events also include the following events: 6.4.1. The vehicle has been driven by a person who has less driving experience than that provided for in the insurance contract. 6.4.2. The driver of the vehicle or the lessee of the vehicle has caused the damage intentionally or has concealed the causes, circumstances and consequences of the accident, has provided false or misleading information or has sought to obtain or increase the insurance benefit by other unlawful means, including cases where the theft and misappropriation of the vehicle has been staged by the driver, the lessee or persons related to him. 6.4.3. The vehicle has been used in high-risk conditions, such as short-term rental, subletting; parcel transport; driving instruction; use for collection, security, ambulance, police, fire and other emergency response or operational activities; use of the vehicle for taxi or other paid passenger transport activities. 6.4.4. The vehicle is lost, i.e. misappropriated with the consent of the driver, the lessee or any other person authorised by the lessee, or other persons who have acquired the right to use the vehicle, or fraudulently taken possession. 6.4.5. The damage is caused by the repair, ageing, corrosion, wear and tear or technical failure of the vehicle. 6.4.6. Damage to the engine or its components, cooling and heating equipment or transmission, caused or aggravated by an insufficient level of lubricant or coolant, or by the use of an incorrect type of lubricant, coolant or fuel, or by inadequate circulation of such. 6.4.7. Damage to the interior of the vehicle caused or aggravated by the actions of the occupants of the vehicle or animals inside the vehicle. 6.4.8. Damage to the vehicle caused or aggravated by running out of fuel. 6.4.9. Loss or damage caused by the theft, damage or destruction of additional equipment or other parts of the vehicle, provided that such equipment was not in the vehicle at the time of the accident. 6.4.10. The vehicle has been stolen using the vehicle’s original ignition key or the vehicle’s original anti-theft controls. 6.4.11. In the event of theft of the vehicle, the vehicle registration documents, keys, alarm system control panels have not been immediately handed over to Litideal, unless they have been lost during a robbery and have been identified by law enforcement authorities or have been handed over to the police 6.5. In case the lessee has damaged Litideal’s property (the vehicle) that was insured, and the lessee is responsible for such damages, the insurance company which has insured the vehicle and compensated the damages to Litideal, acquires the right to recourse to the lessee for the total amount paid out to Litideal.
7. Conduct in the Event of an Accident 7.1. The lessee and each driver authorised to use the vehicle are required to take all measures to protect the interests of Litideal and the insurer in the event of an accident occurring during the rental period, including: 7.1.1. find out the names and contact details of all parties involved in the accident and any possible witnesses; 7.1.2. not admit their guilt or liability without the prior consent of Litideal; 7.1.3. not leave the vehicle unattended or without taking measures to protect its safety after an accident; 7.1.4. immediately inform Litideal and the police of the accident or theft and remain at the scene until the police have given permission to leave; 7.1.5. prepare a letter of explanation concerning the accident or theft to Litideal and deliver it to Litideal within 24 hours of the occurrence of the accident or theft.
8. Amendment and Termination of Agreement 8.1. The rental agreement may be extended by e-mail, by signing a written agreement between the lessee and Litideal to extend the rental agreement. 8.2. The rental agreement ends on the last day of the rental period indicated in the agreement when the vehicle is returned by the lessee. Use of the vehicle after the end of the rental period is unlawful. If the vehicle rental agreement is terminated prematurely, the lessee must return the vehicle immediately and at the latest within 1 business day. 8.3. Litideal has the right to terminate the rental agreement prematurely by giving 3 business days written notice, if the lessee is in material breach of the agreement. A material breach is deemed to include, among other things, the following instances: 8.3.1. The lessee uses the vehicle for a purpose other than its intended purpose, including in a manner provided in clause 3.3. 8.3.2. The lessee does not return the vehicle in a timely manner and does not notify Litideal of the late return of the vehicle in writing or by e-mail. 8.3.3. The Lessee breaches other terms and conditions of the vehicle rental agreement and fails to remedy the breach within a period of no more than 5 days specified by Litideal.
9. Processing of Personal Data 9.1. Litideal processes personal data of the lessee on the grounds and in accordance with the rules set out in the legislation in force. The principles of Litideal for processing of personal data can be examined in more detail in an office, rental station and website of Litideal: www.myavis.lt. 10. Know your Customer KYC requirements 10.1. The lessee undertakes to provide to Litideal any KYC related documentation within 2 business days following Litideal’ s request.
11. Consumer disputes settlements 11.1. The lessee (natural person) who rent the vehicle for his/her personal purposes and who believes that Litideal has violated his/her rights or legitimate interests related to the vehicle rent services must first apply in writing to Litideal and specify his/her requests, except where such lessee directly applies to the court. The lessee must contact Litideal no later than within 3 months from the day the lessee became aware about the violation of his/her rights or legitimate interests. 11.2. Litideal must examine lessee’s claim free of charge and, when Litideal does not agree with the lessee’s requirements, Litideal will provide the lessee with a detailed, motivated written response within 14 days after receiving the lessee’s claim. 11.3. If the lessee is not satisfied with Litideal’s response he/she may refer to State Consumer Rights Protection Authority within one year after the day the lessee referred to Litideal.
12. Consumers’ right to withdraw from a contract concluded by means of distance communication 12.1. The lessee (natural person) who rents a vehicle for his/her personal use has the legal right to withdraw from the vehicle rental contract, if the contract was concluded for personal use by means of distance communication, within 14 days from the date of conclusion of the vehicle rental contract and prior to the commencement of the use of the vehicle rental services, without stating the reasons for such withdrawal. In order to exercise this right of withdrawal, the lessee must either (i) contact the Litideal using the contacts provided in the rental agreement and make a specific statement of withdrawal from the vehicle rental agreement concluded by means of distance communication, or (ii) complete and submit the model withdrawal form which is available at model form for withdrawal from a distance contract.
13. Miscellaneous 13.1. The general terms and conditions constitute an integral part of the rental agreement entered into between Litideal and the lessee. 13.2. The rental agreement and the general terms and conditions have been prepared on the basis of the law of the Republic of Lithuania and are governed by Lithuanian law. 13.3. Any disputes, disagreements and complaints arisen upon performing or interpreting the agreement are resolved in the course of negotiations between the parties. Failing agreement, the dispute is resolved in Vilnius City Courts. If the lessee is a natural person renting the vehicle for his/her own personal use and is considered a consumer, the lessee may also bring an action before the court of the lessee’s (consumer’s) place of residence. 13.4. The lessee confirms that before entry into the rental agreement, they have examined and agree to all the terms and conditions and instructions concerning renting the vehicle that are set out on the website of Litideal www.myavis.lt |