PRIVATE CAR RENTAL AGREEMENT
Between the first contracting party, the limited partnership company under the name
"HABITRENTACAR E.E.", headquartered in Thermi, Thessaloniki (plots 960, 961, 962),
with VAT number: 802264771 (Z’ Thessaloniki Tax Office) and GEMI number:
173249906000, legally represented, hereinafter referred to for the sake of brevity as the
"lessor", and the second contracting party, whose details are mentioned in the attached
Appendix, which is incorporated into this agreement and constitutes an integral part of
it, hereinafter referred to for the sake of brevity as the "lessee", the following have been
agreed upon, mutually acknowledged, and accepted under this car rental agreement:
1. PRESENT MAIN AGREEMENT AND ANNEXES:
This "Main Agreement" sets forth the general terms and agreements that govern,
uniformly and consistently, the lease (the "lease") of all types of vehicles (the "leased
vehicles") rented by the Lessor to the Lessee based on the specific "Annexes," which
refer to this Main Agreement as the agreement to which they belong and are
incorporated.
With the signed Annexes, the vehicles leased by the Lessor to the Lessee within the
framework of this Main Agreement are specified, and any additional terms and
agreements that complement the terms and agreements of this Main Agreement
regarding the lease of each specific vehicle are determined.
Each Annex specifies the details of each lease, records the personal details of each
lessee (full name/company name, place of residence/registered office, identity number,
G.E.M.I. number, tax identification number, contact details, driver's license details
including number, expiration date, etc.), the lease duration, the time and place of
delivery of the leased vehicle, the agreed rent, the insurance coverage of the leased
vehicle, its condition, and any other agreements.
For this reason, each Annex, which may also have a specific serial number, makes
reference to being part of this Main Agreement, is co-signed by the contracting parties,
is attached to the present Main Agreement, and becomes an integral part of it.
Since for each leased vehicle, a separate Annex is co-signed by the contracting parties,
the signing of the Annex by the contracting parties is a prerequisite for the delivery of
the vehicle to the lessee.
2. SUBJECT OF THE AGREEMENT
This agreement concerns the lease of a vehicle from the Lessor to the Lessee as the
sole driver of the specific leased vehicle owned by the Lessor, with the delivery of the
vehicle to the Lessee after the payment and settlement of the total agreed-upon rent.
The payment and settlement of the agreed rent, which takes place upon the signing of
this agreement and before the delivery of the vehicle, may be made either in cash, via
bank transfer (to the Lessor's designated bank accounts), by debit card, or by charging
the Lessee's credit card from any bank in Greece or abroad. The settlement of the full
rent due for the entire lease is evidenced either by the corresponding tax document
(receipt or invoice for services rendered) or by the corresponding bank deposit slip
(proof of the bank transfer), with no other means of proof accepted.
In the event that there is more than one Lessee, all of the Lessees shall be jointly and
severally liable to the Lessor for the timely and full payment of the rent, the agreed
guarantee, and all other financial obligations arising from this agreement, for the proper
and contractual use of the leased vehicle, and for the consistent adherence to all the
terms of this Main Agreement and its attached Annex.
The Lessee acknowledges that the vehicle belongs to the Lessor for the entire duration
of this lease and that no other rights are acquired over the leased vehicle. This Main
Agreement is exclusively a rental contract, from which the contracting parties derive
only the specific rights and obligations that are listed exhaustively in this document.
Therefore, the Lessee acknowledges that they do not have, nor will they acquire, any
other rights beyond those expressly stated in this agreement and its Annex.
3. DURATION OF THE LEASE – DELIVERY AND RETURN OF THE LEASED
VEHICLE:
The duration of each individual lease is specified and recorded in the Annex to this
agreement, which forms an integral part of the present contract. Specifically, the Annex
specifies the date and time of receipt of the leased vehicle by the Lessee, which also
marks the start of the lease period. It also defines the date and time for the return of the
leased vehicle, marking the end of the lease period. Silent extension of the lease
duration is prohibited, and any modification of the specific terms included in the Annex
concerning the lease duration, the time and place of receipt/return of the vehicle, is void
unless it is made in writing.
The leased vehicle is delivered to the Lessee in the condition described in the Annex to
the contract, which is also documented in related photographs, including the tires, tools,
keys, as described in the Annex, the license plates, and all accompanying documents of
the vehicle (registration certificate, insurance policy, technical inspection certificate,
etc.). The Lessee has the right to inspect the vehicle, along with a representative from
the Lessor, at the time of delivery and before each use.
Upon the expiration of the lease, or in the event of termination by any means, the
Lessee is immediately obligated to return and deliver the leased vehicle to the Lessor in
the condition in which it was received, at the exact location specified in the Annex
("vehicle pickup location"). Any unjustified delay in the return and delivery of the leased
vehicle to the specified location at the agreed time, without written notice to the Lessor,
grants the Lessor the right to immediately recover the leased vehicle through legal
means, including civil or criminal procedures.
Specifically, in the event the Lessee fails to return the vehicle at the agreed time and
place without prior written notice to the Lessor, it is explicitly agreed that the leased
vehicle will be considered stolen and uninsured. In such a case, the agreed and paid
deposit by the Lessee, as stipulated in the following terms, will automatically be forfeited
to the Lessor. In addition to the immediate recovery of the leased vehicle, the Lessor is
entitled to seek compensation for any damage, whether actual or consequential, caused
by the delay in returning the vehicle and the loss of its use.
In any case, if the vehicle is returned later than 30 minutes from the specified time, the
Lessor has the right to charge a fee equal to one day’s rent, unless the delay is due to
force majeure.
The Lessee is obligated to return the leased vehicle in the same good condition in which
it was received, and with the same amount of fuel as when it was picked up. The
Lessee is responsible for compensating the Lessor for any damage, loss, or missing
parts and accessories of the leased vehicle due to improper use, whether by the Lessee
or any third party acting on behalf of or with the consent of the Lessee. Compensation
will be based on the cost of replacement or repair, as applicable, and additional
compensation may be required if the vehicle’s use and operation were prevented for
any period due to the Lessee’s actions. It is also understood that in this case, the
Lessee’s deposit will automatically be forfeited to the Lessor.
The Lessor company bears no responsibility for any items belonging to the Lessee or
other passengers left behind in the vehicle.
4. THE RENTAL FEE:
The daily rental fee for the car, and correspondingly the total rental fee for all the days
of the rental period, which is agreed as reasonable, fair, and fully corresponding to the
rental value of the car, amounts to the sum stated in the Appendix, which is an integral
part of this document. The entire agreed rental fee for the total duration of the rental is
payable by the lessee to the lessor at the start of the rental, upon delivery of the car to
the lessee, in accordance with the terms of Article 2 of this document.
Payment and settlement of the agreed rental fee can be made either in cash, by bank
transfer (to the lessor's maintained bank accounts), by using a debit card, or by
charging the lessee's credit card from any bank in Greece or abroad. Settlement of the
total due rental fee for the entire rental is evidenced either by the corresponding tax
document (receipt or service invoice) or by the corresponding bank document/deposit
slip (proof of bank transfer), excluding any other means of proof.
The daily rental fee only covers the services specifically mentioned in the Appendix,
as well as:
a) liability insurance coverage for causing death, bodily injury, or property damage to
third parties, in accordance with current insurance legislation and the specific terms
and insurance limits contained in the insurance policy,
b) insurance coverage for "own damages," according to the specific terms and
insurance limits contained in the insurance policy (and according to the applicable
deductible limit stated in the Appendix),
c) theft and fire insurance, provided that the vehicle is used according to the "agreed
use" and the terms included in this agreement. Additionally, 24-hour roadside
assistance is provided, in accordance with the terms and conditions of the related
contract between the lessor company and the roadside assistance provider, as well
as the possibility of vehicle replacement with another available one, depending on
availability, regardless of class or engine capacity, in case of breakdown or accident,
until it is repaired.
On the other hand, the agreed rental fee does not include any amount or expense not
explicitly stated in this agreement and the related insurance contract, which are borne
solely and entirely by the lessee, such as, indicatively:
a) fuel costs,
b) tire replacement due to misuse of the car,
c) any fines, administrative penalties, and related expenses for illegal parking, violations
of traffic regulations (K.O.K.), or any other legislation, imposed due to the driver's
behavior. Generally, the lessee is responsible from the moment the vehicle is received
until it is returned for all fines and administrative penalties that may be imposed, which
the lessee is obligated to settle by providing the lessor with a related settlement
document or receipt. Otherwise, the fine/penalty charge will be made by the lessor, with
an additional management fee of 15 euros, either at the time of vehicle return/delivery
or at a later time (following notification from police, municipal, or other relevant
authorities), without any time limitation for these charges.
Specifically, in case a fine is imposed for a traffic violation or illegal parking, the lessee
is obligated to notify the lessor within 48 hours of the imposition or upon the vehicle's
return, whichever occurs sooner, regardless of fault, and is required to cooperate with
the lessor by providing information, details, or documents, for the full exoneration of the
lessor or the liable party from the fine. In case of violation of this obligation, the lessee
will be responsible for compensating any damage, actual or consequential, and any
costs or expenses incurred by the lessor.
The amount of fuel at the time of vehicle return must be equivalent to the amount at the
time of delivery; otherwise, the lessee will be charged for the consumed fuel and an
additional 10 euros for the refueling service, plus VAT on the total. No refunds are
provided for unused fuel.
In case of delayed payment of the rental fee and all other additional financial charges
and expenses listed in this agreement, the lessee is liable to pay the lessor the legal
default interest for each day of delay, calculated for the total number of days from the
first day of delay until full payment is made.
5. USE AND TERMS OF USE OF THE RENTAL VEHICLE:
The lessee is obliged to use the vehicle in good condition and in accordance with the
terms of this agreement and the intended purpose of the vehicle.
The lessee is designated and agreed upon as the sole driver permitted to operate the
rental vehicle, exclusively within the local boundaries and in compliance with the other
provisions of this agreement. Any subletting or transfer of use of the vehicle to a third
party, either free of charge or for a fee, is prohibited. Driving the vehicle by a third party,
representing the lessee, authorized by the lessee, or having any mandate relationship
with the lessee is prohibited without the written consent of the lessor. In such cases,
both the lessee and any third party using the vehicle on their behalf or by their order are
jointly and severally liable to the lessor for the repair of any damage (to the vehicle or to
another person) and retain no claim against the lessor.
As an exception, and specifically in cases where the lessee is a legal entity, it is
explicitly agreed and designated in the accompanying Appendix who the sole driver of
the vehicle will be. In this case, an additional driver may be appointed, provided that
their details are written and clearly stated in the Appendix signed by the contracting
parties.
Rental vehicles are prohibited from being used: a) For transporting persons or goods for
a fee, b) For participating in speed races, c) For transporting or moving heavy luggage
or objects, flammable materials, dirty or smelly items, narcotics, or any other items that
are prohibited by current law or may pose any risk to the safety of the car, its occupants,
or third parties, d) Outside of Greece, without the prior written consent of the lessor and
a corresponding agreement, e) By drivers under the age of 23, or by drivers without a
valid driver's license, or by drivers whose license has been issued less than 12 months
before the start of the lease and the delivery of the vehicle, f) By persons under the
influence of alcohol, hallucinogens, narcotics, or any other substances that may impair
driving ability and perception, or who are generally in a state of reduced driving
capability and awareness, g) In violation of any traffic, customs, or other applicable
regulations, or for any illegal purpose or criminal activity, h) Outside the scope of the
lessee's activities, purposes, and business.
Loading onto a ship is permitted only with the written consent of the lessor. Otherwise,
the lessee is solely and fully liable for any damage or wear to the vehicle or caused to
third parties during the voyage.
The lessee is obliged, for the entire duration of the lease, to use the vehicle with care,
keep it clean and ready for inspection, exercise due diligence in its use, thoroughly
check its mechanical condition, tires, oil levels, water levels, etc., and generally take all
necessary measures to ensure the smooth and proper operation of the car.
The lessee is not entitled to make any repairs, modifications, or carry out any
mechanical or other work, or replace parts or components of the vehicle, without the
written consent of the lessor. Any required work or repairs to the vehicle, executed with
the written consent of the lessor, must be done only in a workshop chosen or indicated
by the lessor. In the event of a violation of this obligation, the lessee will be responsible
for repairing any actual or consequential damage caused to the vehicle or to the lessor.
6. VEHICLE INSURANCE COVERAGE AND OTHER OBLIGATIONS OF THE
LESSEE – IN CASE OF ACCIDENT:
All leased vehicles are insured with a recognized and legally operating insurance
company, at the care, responsibility, and expense of the Lessor. The insurance is
comprehensive and includes coverage for third-party liability for causing death, bodily
injury, or material damage to third parties, in accordance with the applicable insurance
legislation and the specific terms and insurance limits included in the insurance policy. It
also includes "own damage" coverage, according to the specific terms and insurance
limits contained in the insurance policy (and in accordance with the applicable
deductible amount specified in the Annex), theft insurance, and fire insurance, provided
that the vehicle is used in accordance with the "agreed use" and the terms outlined in
this agreement.
The beneficiary of the insurance coverage, in the event of the occurrence of an insured
risk, is the Lessor for the entire duration of the lease, except for the risks covered for
death, total disability, partial disability, and hospitalization, for which the Lessee is the
beneficiary of the corresponding insurance coverage and will pay the benefits to the
legally entitled persons.
The provided insurance coverage applies under the condition that the vehicle is used in
strict accordance with the terms and provisions of this agreement. Otherwise, the
Lessee and any person authorized by them to drive the vehicle are fully, jointly, and
severally liable for any damage that may occur and have no claim against the Lessor.
Specifically, the Lessee and any third party authorized by them to drive the vehicle are
exclusively, jointly, and severally responsible for covering any damage caused by their
fault and simultaneously not covered by the insurance policy, due to violation of the
terms of insurance coverage or breach of the terms of this agreement.
For example, the insurance coverage does not apply in the following cases of vehicle
use or damage:
a) To or from towed vehicles of the insured vehicle (e.g., caravans, luggage trailers,
recreational boats, etc.), unless specifically agreed upon with the Lessor and the
insurance company to extend mandatory third-party liability insurance coverage.
b) To or from objects being dragged on the road by the insured vehicle.
c) To or from objects being transported or protruding from the vehicle that were not
placed for transport in a secure manner on approved transport bases (e.g., approved
roof racks or carriers), or if the necessary warning signs are not displayed or proper
measures are not taken in accordance with Article 32 of the Greek Road Code (K.O.K.).
Note that roof boxes and roof racks are also considered "protruding objects."
d) To or from transported or protruding items or special equipment.
e) From fuel, lubricants, or other fluids leaking from the vehicle.
f) From items intentionally discarded by the driver or passengers of the vehicle.
g) From the transportation of explosives, gases, pressurized liquids, flammable fuels,
and generally hazardous materials for public health and the environment, as well as
from pollution and/or contamination caused by any reason, regardless of whether it
originated from the transported cargo or the insured vehicle.
Additionally, the provided insurance does not cover any loss or damage to luggage,
which is not covered by the insurance, and for which the Lessor bears no responsibility.
It also does not cover damage or deterioration to the interior of the vehicle.
It is noted that in the case of insured "own damage" to the leased vehicle, the Lessee is
responsible for the cost of repairing such damage up to the maximum limit specified in
the Annex (next to the "Vehicle Insurance - Deductible" indication) for each damaging
incident.
LESSEE'S OBLIGATIONS IN THE CASE OF AN ACCIDENT / OCCURRENCE OF
INSURANCE RISK:
In the event that the vehicle is involved in an accident during the lease period or causes
any damage to another vehicle or third parties, or to the insured vehicle itself, the lessee
is obligated to immediately inform the lessor, no later than 24 hours after the incident,
regardless of any fault on their part or even if the event occurred without their
knowledge. Furthermore, the lessee must promptly notify the Traffic Police to handle the
accident and prepare the relevant Traffic Accident Report or the corresponding Traffic
Accident Investigation Report. The lessee is required to provide the relevant documents
from the Traffic Police to the lessor upon return and delivery of the vehicle. Additionally,
the lessee is obliged to note the names, addresses, and contact details of all other
parties involved in the accident and to collect any relevant information from third parties,
as well as any related documents or other evidence (e.g., photographs), which must be
delivered to the lessor.
In the case of serious damage to the insured vehicle, where its transportation to a repair
shop is required, the lessee must inform the lessor so that the Accident Care service
can be notified and dispatched. If the incident does not involve a serious traffic accident
resulting in injury or death, the lessee must cooperate and provide the Traffic Police, the
lessor, and the insurance company with any required assistance, information,
documents, sworn statements, etc., needed for documenting the accident and forming
the criminal case file.
Otherwise, particularly in the case of a breach of the lessee's related obligations, which
leads to the exclusion of the insurance coverage as a penalty, the lessee and any third
party who was authorized to drive the vehicle will be solely responsible for covering any
damages, either direct or consequential, to another vehicle or person, as well as any
damage, direct or consequential, caused to the lessor as a result. Specifically, the
lessee will be responsible for the full cost of repairing the vehicle at a repair shop
chosen by the lessor, as well as for the consequential losses the lessor incurs due to
the inability to operate the vehicle until it is fully repaired.
Additionally, if the lessee fails to promptly notify the occurrence of the insurance risk,
the insurance coverage will not apply, and the lessor will bear no responsibility. In this
case, the lessor is entitled to seek compensation from the lessee for any amount that
the lessor may be required to pay due to any cause related to the specific insurance
risk, and also cover any other damage, cost, or expense that the lessor may incur due
to its legal liability as the owner of the vehicle involved in the accident.
All of the above will also apply in the case of unilateral acceptance of responsibility by
the lessee for the occurrence of the accident, without the immediate notification and
prior consent of the lessor, and without the presence of the Traffic Police.
7. DAMAGE – LOSS – THEFT OF THE VEHICLE:
If the vehicle suffers damage, malfunction, or loss during the term of the rental
agreement, the renter is obliged, regardless of fault, to immediately pay the lessor an
amount equal to the cost of repairs, based on an estimate from a repair shop chosen by
the lessor. In the case of loss, the renter is obliged to pay an amount equal to the
current market value of the vehicle, plus applicable taxes and the cost of registration
plates, as compensation for the complete loss of use of the vehicle. Additionally,
compensation to the lessor for the loss of use and exploitation of the vehicle is not
excluded.
Specifically, in the event of the loss of the vehicle’s keys for any reason, the renter must
immediately notify the lessor so that the lessor can send spare keys, and the renter
must not attempt to start the vehicle. The cost of a new key will be borne by the renter,
based on the relevant receipt from the vehicle dealership that will issue the new keys. If
the keys are locked inside the vehicle for any reason, the renter must immediately notify
the lessor so that the lessor can either send a second spare key or arrange for a
locksmith to open the vehicle. The cost of sending the key and/or the locksmith's
services will be entirely and exclusively borne by the renter, based on the relevant
receipt.
It is explicitly agreed that in the case of theft of the rental vehicle, if it remained
unattended without all doors and windows having been closed and locked beforehand,
the renter will be held responsible for compensating the lessor for any resulting
damages due to their gross negligence.
By exception, the renter will not be held responsible in the following cases:
a) Theft of the vehicle, which occurred despite the fact that the renter fully complied with
the terms of this agreement and any other relevant provisions of applicable law.
b) Damage or malfunction that occurred despite the fact that the renter fully complied
with the terms of this agreement and any other relevant provisions of applicable law and
the Greek Highway Code (Κ.Ο.Κ.).
To be exempt from the relevant liability, the renter must demonstrate and prove that
they took all necessary measures and exercised all possible care to prevent the theft or,
alternatively, that they exercised all care during the use and operation of the vehicle.
8. GUARANTEE:
At the beginning of the rental and before the delivery of the vehicle by the lessor, the
lessee shall pay the lessor a guarantee amount, as specified in the Annex, based on the
category of the vehicle. The guarantee amount remains in the possession of the lessor
for the entire duration of the lease and will be refunded to the lessee, without interest,
after the completion of the lease period and the timely return of the vehicle, at the
designated time and location, provided that all the terms of this agreement have been
properly fulfilled and all expenses related to this lease have been paid up until that
point.
The guarantee constitutes a penalty clause that automatically forfeits in favor of the
lessor in the event that the lessee fails to fulfill or fails to properly or timely fulfill their
obligations. It is explicitly agreed that the lessor has the right to demand, in addition to
the forfeited penalty, the fulfillment of all obligations arising from this agreement.
The lessee does not have the right to offset the guarantee against any outstanding rent
payments. In the event that the lessee abandons the vehicle before the end of the
agreed lease period, or fails to notify the lessor in a timely manner about any imposed
fines, administrative violations, etc., or does not return the vehicle on time to the lessor
at the designated time and location specified in the Annex, or if the lease is terminated
by the lessor due to a violation of any of the terms of this agreement, then, in addition to
any compensation prescribed by law, the guarantee will remain with the lessor as an
agreed-upon penalty and unprovable compensation.
9. BREACH OF THE TERMS OF THIS AGREEMENT – RIGHT OF TERMINATION:
All terms of this agreement are essential. Any violation of any term by the lessee grants
the lessor the right to terminate this lease and seek the immediate recovery of the
vehicle, exercising all rights deriving from ownership and possession.
If it comes to the lessor's attention, by any means, that the vehicle is being driven
illegally or in violation of any term of this agreement, or if the information, data, and
identification documents provided by the lessee are not accurate, the lessor is entitled
to immediately terminate the contract. The termination is made in writing and delivered
to the lessee in any appropriate manner (e.g., by serving a legal notice to the declared
address, sending a written statement to the email address, etc.), and its effects take
place immediately (from the notification/announcement to the lessee, by any
appropriate technical or electronic means).
It is explicitly stated that any modification, extension, or renewal of the terms of this
agreement, as well as those contained in the Annex, is void if not done in writing.
10. DOCUMENTS PROVIDED BY THE LESSEE – CONSENT OF THE LESSEE FOR
COLLECTION AND PROCESSING – VEHICLE GPS EQUIPMENT:
Upon the conclusion of this agreement and to complete the required details in the
Appendix, the lessee is obliged to provide the lessor with a copy of their valid police ID
or passport, accurately declare their telephone number and residential address or any
other contact address, their email address, and present or provide a copy of their
driver's license. The possession of a valid driver's license is a prerequisite for entering
into this agreement. In the exceptional case that another person is declared as the
driver of the vehicle, the lessee is required to present or provide a copy of the other
person’s driver’s license as well.
As part of the lessor’s compliance with the legislative framework for the General Data
Protection Regulation (GDPR), the personal data received with the consent of the
lessee will be used exclusively for the agreed purposes of this agreement, and to
ensure the lessor’s compliance with necessary legal obligations, such as drafting this
agreement, securing the lessee's insurance coverage, and fulfilling the legal obligations
of the parties with respect to traffic police, police checks, and general administration.
The lessee consents to the collection and use by the lessor, with or without automated
means, of personal data or sets of personal data, such as the collection, recording,
organization, structuring, storage, retrieval, or any other form of use, in order to provide
services, respond to the lessee’s requests, communicate with them, notify them of
incidents, out-of-court statements, unilateral contract terminations, and in general, so
that the lessor can comply with and enforce applicable legal provisions. The lessee has
also been informed, through this agreement, of their right to withdraw, correct, or object
to the processing of their personal data, whenever they declare such an intention.
The lessee acknowledges that, for the protection of its rights, the lessor has the right to
install a GPS tracking device/equipment in the leased vehicle, the data of which may be
used and shared with Greek authorities in case of theft, exit from the geographical
boundaries of the territory, loss of the vehicle, abandonment of the vehicle by the
lessee, etc.
11. DISCLAIMER CLAUSE:
The lessor is solely and exclusively liable in cases of willful misconduct or gross
negligence. In all other cases (including light negligence, accidents, or force majeure),
the lessor assumes no liability and no claims may be raised against them. Furthermore,
the lessor bears no liability whatsoever for the loss of items transported in the vehicle or
any items left in the vehicle after its return/delivery to the lessor.
Here is the translation of the text:
12. JURISDICTION – COMPETENCE:
Any dispute arising from this agreement, including disputes regarding its interpretation,
is subject to the exclusive jurisdiction of the Courts of Thessaloniki.
All the terms of this agreement are considered by the parties to be essential, and they
expressly and irrevocably accept each of them, as well as all of them together in their
entirety, as a unified document, which constitutes the full and exclusive agreement
between the contracting parties.
The lessee expressly declares that they have read, understood, agreed to, and fully
accept all the terms contained herein and in the Appendix to this agreement.