I.INTRODUCTORY NOTES These General Terms and Conditions (hereinafter: TERMS AND CONDITIONS ) make a constituent part of the Vehicle Rental Agreement (hereinafter: AGREEMENT ), made between the Lessor firm AVANT CAR d.o.o. for services and business consulting, having
its registered office at Zagreb (City of Zagreb), Savska Opatovina 36, entered in Court Registry at Commercial Court in Zagreb, registration number (MBS): 080899477, tax number (OIB): 78707119336 (hereinafter: AVANT CAR) and the person renting a vehicle from AVANT CAR – in
the context of the AGREEMENT these are Renter, Driver and Additional Driver (hereinafter referred to with one word as USER). By signing this Agreement, the USER confirms legitimacy of these TERMS and CONDITIONS as well as its provisions, the use of language and explicitly states
that he is completely familiar with the content of TERMS AND CONDITIONS, that he had read them, understands them, agrees and accepts them, and as far as buying and surcharging of SCDW and WUG are concerned, he declares that he is familiar with provisions and accepts them
totally. The USER gives up in advance the right to any objections referring to the fact that the provisions of these TERMS AND CONDITIONS at the time of signing have not been known or the TERMS AND CONDITIONS have not been submitted to him
.
II. COLLECTING AND PROCESSING PERSONAL DATA The USER voluntarily agrees to provide his personal information. Personal details are collected as a part of process of entering into the RENTAL AGREEMENT and executing it. The USER authorizes the use of his personal information
for other purposes such as further mutual communication, statistical processing, informing on novelties, sending offers, promotional materials and event invitations and other business purposes by AVANT CAR. AVANT CAR undertakes not to disclose USER's personal information
abroad or to third parties, except for the purpose of executing the AGREEMENT. THE USER explicitly declares that AVANT CAR may allow other persons to use personal information in cases defined by law (such as violation of traffic regulations and the like). AVANT CAR undertakes
also to process, secure and keep secret all USER's personal data obtained through the AGREEMENT pursuant to relevant provisions on personal data protection and solely within the scope of authority and the purpose of obtaining or collecting them.USER's rights and the protection
of rights are determined by the applicable regulations on the protection of personal data of the Republic of Croatia.
1. that the rented vehicle shall not be used for driver training (driving school or other driving lesson), transport or towing
of other vehicles, trailers or other objects, for races and other sporting events, for executing any criminal activity or offence defined by positive regulations of the Republic of Croatia
2. that the rented vehicle shall be used only for his own needs in accordance with the AGREEMENT and agreed purpose
and that the rented vehicle shall be operated by himself, the person listed in the AGREEMENT as an additional driver or a person possessing the written approval of AVANT CAR to operate the rented vehicle . In accordance with the aforementioned, the use of the vehicle is prohibited
in following cases: for the paid transportation of persons and /
or cargo as a taxi service or other transport of passengers and / or goods not for own use; further lease or use by any other person not listed in the AGGREEMENT, i.e. without written approval of AVANT CAR
3. that for the full term of rent the USER meets determined conditions relating to valid documents and appropriate exams for operation of the rented vehicle,
4. to handle the rented vehicle with care of a good host / businessman and in accordance with the appropriate technical and other instructions, recommendations and good practice, and in particular that the rented vehicle when leaving it is always properly locked, with closed
windows and that the keys and vehicle documentation are always under personal control. The USER also warranties that the vehicle shall not br overloaded with passengers, luggage and / or goods, in accordance with the manufacturer's technical documentation, or improperly loaded,
violating the applicable regulations. The USER can not operate a vehicle when the vehicle is not in the proper driving condition or is technically not faultless and he is aware or should be aware of it, depending on the legal regulations and commonly known facts
5. it is prohibited to operate the rented vehicle if the USER - driver is under the influence of alcohol, drugs, narcotics, sedatives, sleeping pills or other psychoactive substances under which driving a vehicle is not recommended or is prohibited. Transport of flammable and / or dangerous
substances is not allowed.
6. that the rented vehicle is operated pursuant to traffic regulations and in accordance with weather conditions and
road conditions. Upon termination of the AGREEMENT, the USER shall also be held liable for traffic offences, improper parking or other violations of regulations during the rental
7. that the rented vehicle is not driven beyond the borders of Croatia without prior consent of AVANT CAR. Otherwise the fee will be charged for crossing the border without the consent of AVANT CAR in the amount of HRK 3,850.00 + VAT. In case of violation of cross-border and
territorial limitations of the use of the vehicle, all paid extras for USER
under these TERMS AND CONDITIONS shall be considered expired
8. that without prior written consent given by AVANT CAR, modifications, repairs, finishing and other works on the vehicle are not allowed
9. that the interior of the rented vehicle has to be returned in the condition it had been taken over and that the ban on smoking and the ban on transporting pets shall be obeyed. Otherwise, THE USER shall pay the fee for violating the ban on smoking in the vehicle and / or causing
greater impurity of the interi according to AVANT CAR's pricelist
10. the use of the rented vehicle for other purposes than those stated in the AGREEMENT, these TERMS AND CONDITIONS and applicable regulations and for other purposes which shall endanger or infringe AVANT CAR's proprietary rights is not allowed
If the vehicle is damaged (scratches and the like) or there is more equipment in the vehicle or a lower fuel level, this shall be recorded in the "check out" vehicle takeover record.When taking over the vehicle, the USER is required to immediately check the condition of the vehicle,
equipment and documentation since later complaints will not be taken into account. By signing the „check out“ record the USER declares that the vehicle and the documents have carefully been checked by him. The USER confirms by his signature that the vehicle is entirely in
accordance with the purpose for which it is intended to be used and that there are no additional requirements towards AVANT CAR.All risks related to the vehicle, equipment and documentation, including the risk of destruction, damage or loss, and liability to third parties in the
period since collection the rented car to its returning are solely the risk of the USER. AVANT CAR shall not be liable for any damage sustained by the USER due to delays in the delivery of the vehicle as well as for any damages that would occur to the User due to an accident or any
failure on the vehicle during the rental period, and consequently the inability to use the vehicle .
1. the entire amount of vehicle repair,
2. amount of lost earnings due to non-use of the vehicle due to repair,
3. daily rental fee according to the valid pricelist.
~ immediately, and not later than 4 (four) hours, notify and give a statement to AVANT CAR's nearest office on the incident and proceed according to the instructions,
~ immediately report the case to the police (PU), keep the evidence till arrival of police staff and request a record of the event,
~ protect the vehicle from deterioration or even bigger damage until being taken over by AVANT CAR.
All costs incurred for which the police record has not been made and no statement made by the USER or if the vehicle was not operated by attention of a good host / businessman, shall be fully charged to the USER, regardless of whether the USER had accepted and paid an allowance
to reduce the liability for the damage, and regardless of the fact whether the USER is to blame for the claim case i.e. damage.If due to carelessness of the USER theft of the vehicle occurs during the rental period, the USER shall reimburse to AVANT CAR the value of the rented vehicle
reduced by amortisation value. THE USER shall reimburse AVANT CAR, besides the value of the rented vehicle reduced for amortisation value, also the loss of the AVANT CAR due to the lack of the vehicle. The same shall apply if the USER is unable, for any reason, to return the rented
vehicle in 48 hours upon end of rental term.
In case of malfunction or operational malfunction of the rented vehicle, the USER is obliged to:
~ inform and make a statement to the nearest AVANT CAR branch on the incident and proceed according to the instructions,
~ protect the vehicle from deterioration and even bigger damage until being taken over by AVANT CAR if AVANT CAR and the USER do not agree otherwise.
In an accident or a case of malfunction, the USER has the right to free transportation from the accident site or vehicle replacement only if these costs are covered by insurance.
If the USER does not comply with these provisions, he is obliged to pay upon AVANT CAR's request full costs of repair of the rented vehicle caused by damage causing event occurring during the AGREEMENT period, as well as any other losses incurred to AVANT CAR due to such
damages, including the lost value of daily rent due to inability to use the vehicle caused by repairs ,but not konger than 30 days.The USER will only pay the participation in the damage (franchise) stated in the valid pricelist and in case of any damage to and / or loss of any mechanic
part of the rented vehicle, if the amount of damage and / or loss is lower than the amount of the franchise + VAT. By paying additional daily surcharge for insurance of passengers ( PAI) , drivers and passengers in the vehicle shall be insured gainst accidental death and disability up to the amounts specified by the insurance company where all AVANT CAR cars are insured. Accepting i.e.
choosing the option for limitation of liability such as CDW, TP and SCDW + and / or WUG does not diminish the material liability of the USER for damages if he didn't comply with these TERMS AND CONDITIONS, i.e. the provisions of Sections IV, VIII. and IX. Of these TERMS and
CONDITIONS.Further on, USER's liability is not covered for damages caused to the rented vehicle and assets of other legal and natural persons, as well as those which were deliberately committed under the influence of alcohol or drugs, driving without driver's license or during a
driving ban (seized driving license) as well as in cases when there were more people present in the vehicle than the number of registered seats and in other circumstances as provided by the Insurance rules which the USER was given for insight. The following risks are not covered:
destruction / damage to the car tires, wheel or hubcap, and destruction / damage to the vehicle's undercarriage, these can be purchased by paying the WUG supplement according to the valid pricelist. Damages occurring in risky areas or in war zones, or if the vehicle was used outside
the borders of the Republic of Croatia, in transit, on the ferry and on the islands, without prior written consent of AVANT CAR are not covered.By signing the AGREEMENT, THE USER assumes full responsibility and gives AVANT CAR permission to charge the credit card holder (or some
other way of payment), with the total costs of repair, failure, loss, franchise fee or full amount of damage if he didn't comply with these TERMS AND CONDITIONS, including also those that were determined after the vehicle had been returned and the USER did not report AVANT CAR
about it pursuant to the procedure for return and inspection of the vehicle and for any damages related thereto. The USER undertakes to pay all penalties without intervention
of AVANT CAR and if this is not possible, then immediately upon his call. If the USER pays his obligations by credit card, the USER explicitly authorizes AVANT CAR to charge his credit or debit card mentioned on the front page of the AGREEMENT for all traffic offences and parking and
other penalties resulting from the violation of the positive regulations of the Republic of Croatia or certain laws of the country in which the vehicle is driven, committed during the rental period, regardless of when they were determined or are due, increased for possible manipulation
cost .
XV. FINAL PROVISIONS No amendmens and changes to these Terms and Conditions are valid unless confirmed in written form. Any breach of these TERMS constitutes a breach of the CONTRACT provisions and is a sufficient reason for the early termination of the CONTRACT.Possible
futility or voidance of individual CONTRACT provisions may not result in futility or cancellation of the entire CONTRACT. The same applies to gaps that may have arisen in the application or interpretation of the CONTRACT. Invalid or disputed provisions as well as gaps in the CONTRACT
shall be replaced by the provisions of the positive regulations of the Republic of Croatia, which are closest to the intention and purpose the contracting parties had at the moment of entering into the AGREEMENT, and in particular the provisions of the Civil Obligations Act.In case of
inconsistency with the provisions of these TERMS AND CONDITIONS with the provisions of the AGREEMENT, TERMS AND CONDITIONS will prevail.Any disputes arisen from or in connection with these TERMS AND CONDITIONS shall be subject to jurisdiction of the court relevant to
AVANT CAR's registered office.