RENTAL GENERAL TERM & CONTITIONS
DEFINITIONS AND GENERAL PRINCIPLES
“You” are the customer (main driver) who signed the rental agreement and who is entitled to drive the vehicle. “CYBAY” is the subsidiary named in the rental agreement. Hereafter referred as CYBAY. “Vehicle” is the car or truck that CYBAY is renting to you for the agreed duration of the rental agreement and will include all parts and accessories fitted to it at the commencement of the rental. “Damage” is any damage occurring to the Vehicle (including glass, lights and mirrors) and any damage occurring to third party property where applicable.
1.GENERAL RENTAL TERMS
THE FOLLOWING GENERAL RENTAL TERMS APPLY TO THE RENTAL. CYBAY STRONGLY RECOMMENDS THAT YOU CAREFULLY READ THE GENERAL RENTAL TERMS AS WELL AS THE SPECIFIC RENTAL TERMS APPLICABLE TO THE RENTAL. CYBAY ALSO STRONGLY RECOMMENDS THAT YOU CAREFULLY READ THE TERMS AND CONDITIONS MENTIONED ON THE RENTAL AGREEMENT THAT YOU SIGNED.
2 PREREQUISITES: WHAT DO YOU NEED IN ORDER TO RENT A VEHICLE?
You must hold and produce a driving licence valid in Cyprus where the rental takes place. The driving licence must have been issued by authorised authorities at least 12 months before the date of the commencement of the rental. In addition to the normal driving licence, an international driving licence is also mandatory if the driving licence is written in a language different to the one of Cyprus and/or in characters that can not be read. Please note that the international driving licence is valid only if accompanied by the normal driving licence. When the rental is made you must also present a valid identity card or a valid passport. These identification documents are generally not requested if you are a resident of a country belonging to the European Union, except in some specific cases such as certain special or luxury vehicles. You must be aged 23 – 70 to rent a car and have held a driving licence for at least tree year. A young driver surcharge may be applicable in some instances The above requirements are also applicable to all additional drivers if any.
3. THE VEHICLE: CONDITION, USE, BREAKDOWN ASSISTANCE AND MAINTENANCE/MECHANICAL PROBLEMS
3.1 Condition of the Vehicle. A description of the condition of the Vehicle will be given to you at the same time as the rental agreement. Before leaving the rental location, you are required to check the condition of the Vehicle. Where an apparent defect is found which is not already listed in the document, you must immediately inform the CYBAY employee at the counter in order to proceed with a joint-examination of the Vehicle. In such a case, amendments must be made to the document and duly countersigned by both parties. If the amended document is not countersigned by both parties, the condition of the Vehicle will be as set out in the document given to you with the rental agreement and it will be considered that you received the Vehicle in proper working condition. You will return the Vehicle in the same condition as it was provided at the start of the rental. You are responsible for any repair or refurbishment costs and these will be added to the cost of the rental. 3.2 Use of the Vehicle The Vehicle must not be driven by anyone other than you and then only under the condition that your ability to drive is not in any way impaired by mental or physical incapacity or restricted by the Law. You must take care of the Vehicle, keep it in good repair and condition, pay any fines for which you may be liable, reimburse CYBAY for any damage to the Vehicle, and refund CYBAY for any costs it incurs. The Vehicle will be provided to you with a full fuel tank. You must only refuel the Vehicle with the correct type of fuel. Costs of fuel and for the refuelling service will be at your expense if the Vehicle is not returned with a full tank. CYBAY strongly recommends that you carefully read this information available at the CYBAY counter. You are liable for all fees, taxes, fines and penalties incurred in connection with the use of the Vehicle and for which CYBAY is charged, unless they have arisen through the fault of CYBAY. During the rental period you must carry out the usual checks (engine oil level, tire pressure, etc.) as would any careful user and you must respect the maintenance cycle of the Vehicle as stated in the maintenance guide, if any. When parking the Vehicle, even for a short period, you undertake to lock it and make use of the Vehicle’s alarm and/or immobilisation equipment. You must never leave the Vehicle unoccupied with the keys in the ignition. Non-return of the keys will lead to invalidation of the theft cover. You undertake to use the Vehicle in a responsible manner and in particular, only for the purposes for which it is intended. For a car, this means primarily carrying passengers other than for hire and reward. In particular, you must not use the Vehicle under any of the following conditions or for any of the following purposes: driving the Vehicle under the influence of alcohol, drugs or any other type of narcotic substances, transportation of inflammable or dangerous goods, as well as toxic, corrosive, radioactive or other harmful substances, carrying anything which, because of its smell or condition, harms the Vehicle or causes CYBAY to lose time or money before it can rent the Vehicle again, transportation of live animals (with the exception of domestic pets, subject to prior authorisation by CYBAY), with a roof rack, luggage carrier or similar, unless supplied by CYBAY, re-rental to or use by other persons, carrying passengers for hire or reward, participating in rallies, competitions or trials, wherever they may take place, giving driving lessons, pushing or towing another vehicle (except those vehicles equipped by CYBAY with a towing-hook; maximum load 1,000 kg), or exceeding the authorised load weight. travelling on non-paved roads or on roads, the surface or state of repair of which could put the vehicle’s wheels, tires or its under body mechanics at risk, intentionally committing any offence. none of the goods and baggage carried in the Vehicle, including their packing and stowage equipment, will be permitted to damage the Vehicle, nor put the occupants abnormally at risk, in any way which breaks the highway Code, road traffic laws or any other laws. You will be liable for any offence committed during the rental period which relates in any way to your use of the Vehicle, as if you were the owner of the Vehicle. Upon the request of the Police or any official body CYBAY may have to transfer your personal data. 3.3 Maintenance / Mechanical Problems The Vehicle has been provided to you with a full set of ties in good condition. In the event that any of them is damaged for any reason other than normal wear and tear, you undertake to replace it immediately at your own expense with a tire of the same dimensions, type and wear characteristics. You must stop the Vehicle if any of the instrument panel warning lights, which are intended to indicate the existence of a mechanical problem, light up, or if you become aware ofanything else which may indicate the presence of a mechanical problem with the Vehicle. If the odometer has stopped functioning for any reason other than a technical failure, you will be required to pay a distance charge according to the rates in force in the country of rental. When the rental starts, the Vehicle will be roadworthy and fit for normal use. If it is not, or if it becomes un-roadworthy or unfit for normal use during the rental because of mechanical breakdown or accident, you must inform CYBAY station or telephone the emergency number shown on the wallet of the rental agreement. CYBAY will have the choice between replacing the Vehicle or accepting repairs to be done to the Vehicle. In the latter case, repairs can only be made after written or oral confirmation from and instructions given by CYBAY as well as prior acceptation by CYBAY of the estimation of costs. You must be able to provide the name and station name of CYBAY accepting therepairs. Without prejudice to any question of liability, the expenses for the repairs may be charged directly to CYBAY. If not, CYBAY reserves the right to request from you the remittance of the defective pieces and the paid invoice. The fees and expenses of any repair undertaken without the order of CYBAY will not be reimbursed to you. You must inform CYBAY, of all accidents, damage to or breakdowns of the car, even those which may already have been repaired, when you return the Vehicle. You will remain liable for any damages to CYBAY. In any case, neither CYBAY nor its directors, officers or employees will be liable to you for any loss or damage (including but not limited to loss of profit or earnings…) nor, to the extent permitted by the Law, for indirect consequential damages whether your action is based on contract or in tort. 4.4 Breakdown Assistance For the length of the rental, as agreed with CYBAY, you have the benefit, at no extra cost, of a Breakdown and Assistance Service. If required, this service can be contacted by calling the telephone number indicated on the wallet of the rental agreement or on the windscreen or on the key holder. In order to benefit from this cover, you must make contact with the Breakdown and Assistance Service immediately after the occurrence of the incident. If you do not contact the Breakdown and Assistance Service and if you initiate steps or make any disbursements without the prior consent of CYBAY, you will not be able to claim for reimbursement of the expenses. The rule of prior approval does not apply in the event of breakdown on motorways and solely in this case. Consequently, the roadside repair or towing expenses will be reimbursed to you.
5. RENTAL PERIOD
5.1 Principle and Calculation You undertake to return the Vehicle to CYBAY at the agreed place, on the date and at the time indicated on the rental agreement. The maximum duration of a rental agreement may vary from one country to another. The rental duration is calculated on the basis of indivisible periods of 24 hours, starting from the time the Vehicle is made available. However, a 30 minute grace period is applied at the end of the rental before the start of a new 24-Hour period. 5.2 Extension of the Original Duration of the Rental Should you wish to keep the Vehicle for a period longer than that originally set out in the rental agreement, you are must first contact by phone CYBAY in order to extend the duration of the rental agreement. The Vehicle is insured for the period mentioned on the rental agreement. Unless otherwise agreed in writing by CYBAY, once this period is passed, the contracting party remains liable for any damages to CYBAY 5.3 Delivery and Collection Terms Where you ask CYBAY and CYBAY agrees in writing to deliver the Vehicle or to collect t he Vehicle, you may have to pay additional charges and follow additional instructions. You must check at the time of reservation. When you return the Vehicle, or if CYBAY has agreed you will do so, when you leave the Vehicle for collection by CYBAY, you must complete the details of the date and time of return, the mileage and fuel gauge reading and other information shown on the rental document wallet. You must also do anything else, which CYBAY requests as a condition of agreeing to collect the Vehicle. You must return the Vehicle immediately if CYBAY asks you to do so. In the event that the Vehicle is not delivered to CYBAY upon request you hereby authorise CYBAY to enter your premises and to do any and all other things necessary to repossess the Vehicle. You will be liable for any costs associated with such repossession. CYBAY may repossess any vehicle without notice or liability where CYBAY deems that such repossession is necessary for its own protection. 5.4 End of Rental The end of the rental is defined by the return of the Vehicle and of its keys to the rental counter at the agreed CYBAY location. This must be done to a uniformed CYBAY employee and under no circumstances should you give the keys to any person present at the CYBAY location and who you assume or who purports to be a CYBAY employee. If the Vehicle is returned without its keys, you will be invoiced for the cost of the replacement keys. 5.4.1 In the event of confiscation, theft or accident In the event of measures by third parties, including attachment, confiscation or impounding of the Vehicle, you must immediately inform CYBAY in writing. CYBAY will then be entitled to take all measures which it deems necessary to protect its rights. You will be liable for all damage, cost and/or expenses associated with the above measures and for any direct, indirect, consequential damages (such as loss…) to the Vehicle unless it is demonstrated that CYBAY is directly responsible for such confiscation or impounding of the Vehicle. Furthermore, the rental agreement may be automatically terminated as soon as CYBAY is informed of such action by the legal authorities or by you. Any use of the Vehicle which may be detrimental to CYBAY will entitle CYBAY to automatically terminate the rental agreement with immediate effect. You will then return the Vehicle immediately as soon as CYBAY so requests. In the event of theft of the Vehicle, the rental agreement will be terminated as soon as CYBAY has received a copy of the theft declaration made by you to the police authorities. In the event of an accident, the rental agreement will be terminated as soon as CYBAY has received a copy of the accident report completed by you and, where applicable, the third party. If CYBAY provides a new vehicle, the rental agreement will be amended accordingly. Furthermore CYBAY will have no responsibility for loss, theft, robbery or damage of whatever nature relating to objects and/or utensils transported or which are found in the Vehicle including, in particular, baggage and/or goods.
6. RATES / TERMS OF PAYMENT