Standard Terms and Conditions of the Cooperation Agreement for the Use of a Passenger Vehicle for Taxi Services and Economic Activity No. 081225
Effective as of 08.12.2025
I. GENERAL PROVISIONS
1.1 These rental terms and conditions set out the conditions and procedure for renting a vehicle, including:
1.1.1 the grounds for renting the vehicle;
1.1.2 the conditions and requirements for the use of the vehicle and other rented property;
1.1.3 the scope and limits of the lessee’s liability;
1.1.4 payment terms;
1.1.5 other legal relationships related to the use of the service.
1.2 This contractual appendix “Standard Terms and Conditions” No. 081225 has been prepared and signed on 08.12.2025 and applies only to those cooperation agreements in which explicit reference is made to this contractual appendix.
1.3 Prior to renting the vehicle, the Lessee is obliged to familiarize himself/herself with the valid price list and these Standard Terms and Conditions. By entering into the Cooperation Agreement, the Lessee confirms that he/she has familiarized himself/herself with and agrees to the valid price list, service prices and these Standard Terms and Conditions.
1.4 In the event of contradictions or discrepancies between the contractual documents, the terms shall apply according to the following order of priority:
1.4.1 the special conditions, service prices and conditions relating to the rental of a specific vehicle as set out in the cooperation agreement;
1.4.2 these Standard Terms and Conditions.
1.5 Minimum period of the rental service and the obligation to pay for it:
1.5.1 The minimum period of the rental service is either 4 or 12 consecutive full calendar weeks, depending on the minimum period specified in Clause 1.13 of the Cooperation Agreement.
1.5.2 The fee for the minimum period is a contractual principal obligation and does not depend on the use of the vehicle.
1.5.3 The fee for the minimum period must be paid in full also in the event of early termination of the agreement or early return of the vehicle.
1.5.4 The notice period does not reduce or terminate the obligation to pay for the minimum period.
1.5.5 The Parties confirm that the notice period and the obligation to pay for the minimum period do not constitute a double claim or a sanction, but are mutually consistent and arise from the allocation of the economic risks of the rental service. The notice period ensures the Lessor unavoidable time for planning and reorganization, while the minimum period covers the Lessor’s fixed costs and the costs of maintaining the vehicle’s readiness for use throughout the agreed base period. Therefore, both conditions are economically justified, proportionate and, arising from the substance of the agreement, unavoidably necessary.
II. DEFINITIONS
2.1 Lessor – the lessor under the cooperation agreement to which this document is appended.
2.1.1 Rental week – the period from Monday at 10:00 to the following Monday at 10:00, of which Sunday is a free day of use. The free Sunday does not affect the rental fee for a full rental week, and the rental price for a full week shall always be the amount specified in the handover–acceptance act, regardless of the fact that one day is free of charge. The free Sunday applies only if the Lessee pays the rental fee for the full rental week in full in accordance with the price specified in the handover–acceptance act. The free day does not apply when calculating a partial rental week.
2.1.2 Full rental week – a full rental week from Monday at 10:00 to the following Monday at 10:00 in accordance with Clause 2.1.1.
2.1.3 Rental day – the period from 10:00 of one calendar day to 10:00 of the following calendar day, regardless of the actual use of the vehicle. A rental day is the calculation unit for determining the rental fee and the cost of a partial rental week.
2.1.4 Current (rental) week – the rental period that has already started and is ongoing at the present moment. The current week lasts from Monday at 10:00 until the following Monday at 10:00.
2.1.5 Advance payment – an advance payment within the meaning of this agreement is a payment that is first applied to the fulfilment of the obligations of the current rental week if the payment is made during the current week, regardless of the explanations or other notes indicated by the Lessee in the payment order. If all obligations of the current rental week have been fully fulfilled, the remaining part of the advance payment shall be applied to the fulfilment of future obligations in accordance with the Cooperation Agreement and its Appendices, including partial coverage of the overall indebtedness in the manner provided for in Clauses 3.4 and 3.5 of the Cooperation Agreement. The advance payment recorded in the Lessee’s balance may also be used by the Lessor, at the Lessor’s discretion, for a one-time full or partial set-off of the Lessee’s overall indebtedness.
2.1.6 “Indebtedness” – all unpaid monetary obligations of the Lessee towards the Lessor that have arisen during the entire previous rental relationship, including unpaid rental fees, TSK payments, fees for additional services, contractual penalties, default interest, compensation of expenses, administrative and procedural costs, as well as all other amounts that should have been paid in accordance with the Cooperation Agreement, the Standard Terms and Conditions, the Price List and the Handover–Acceptance Acts.
2.2 Price List – rental fees, contractual penalties and other payments and charges stipulated in the cooperation agreement and in documents related to or appended to this agreement as listed in Clause 1.1.1 of the cooperation agreement. By agreeing to these terms and conditions, the Lessee is also deemed to have agreed to the price list, which forms an integral part of these terms and conditions.
2.3 Traffic Regulations – the traffic regulations in force in the relevant country and the provisions of the legal acts related thereto.
2.4 Lessee – the client of the Lessor (a natural or legal person) who agrees to these terms and conditions and uses the rental service in accordance with the agreement. The Lessee is entitled to use the vehicle only if the driver is at least 21 years old and has at least two years of experience in driving motor vehicles.
2.5 Period of use – the period from the handover of the vehicle until its return, the beginning and end of which are indicated in the handover act and confirmed by the signatures of the parties. When calculating the period of use, a full calendar week is used, and rental weeks are considered to be the periods from Monday at 10:00 of a new week until Monday at 10:00 of the following week.
2.6 Services – the paid car rental service provided by the Lessor to the Lessee in accordance with § 399 of the Law of Obligations Act (VÕS), under which the Lessor grants the Lessee the right to use the vehicle in accordance with these terms and conditions and the cooperation agreement. The Lessee is obliged to pay the rental fee in accordance with the agreement, the price list and the handover–acceptance act. The service includes only the right to use the vehicle and does not grant the Lessee ownership rights or any other rights related to the vehicle.
2.7 Handover–acceptance act – a written document by which the registration number of the rental vehicle, the date of handover and acceptance, the weekly rental cost, the condition of the vehicle (damages and defects) at the time of handover, as well as the consent of the Lessor and the Lessee to the data stated in the said act are recorded and confirmed by the signatures of the parties.
2.8 Act on recording damage to the rental vehicle – a written document by which damage caused to the rental object during use by the Lessee or upon handing the vehicle back to the Lessor is recorded. The act contains a description of the damage and specifies its location. Where possible, photographs of the damage are attached to the act.
2.9 Rental vehicle (vehicle) – an unoccupied vehicle from the Lessor’s fleet. Pursuant to the Cooperation Agreement, the Lessor undertakes to provide the Lessee with a free vehicle from its fleet for use in accordance with the cooperation agreement and these terms and conditions – the object of the cooperation agreement, i.e. the rental vehicle. The Lessee is obliged to pay the Lessor the rental fee for the entire rental period, which begins at the moment of signing the handover–acceptance act of the vehicle.
2.10 Rental fee – the fee for the period of use of the rental vehicle in accordance with the agreement, the handover–acceptance act and the standard terms and conditions.
2.11 Principles of rental calculation – the contractual amount of the weekly rental fee at the moment of handover depends on the characteristics of the vehicle being handed over and is determined separately in the handover–acceptance act of each vehicle. The rental fee specified in the handover–acceptance act is valid only when paying for a full rental week. Further specified in Clauses 12.1–12.3 of this document.
2.12 Agreement – the agreement for the provision of car rental services. The service agreement concluded between the Lessee and the Lessor is deemed concluded from the moment of signing. The agreement is governed by the provisions set out in Clause 1.2 of these terms and conditions.
2.13 Guarantee – a special agreement concluded as a special condition in the agreement.
2.14 Debt limit – the amount of debt upon exceeding which the agreement is deemed to be materially breached.
2.15 The meaning of other terms used in these terms and conditions corresponds to the meaning defined in these terms and conditions.
2.16 Material breach – a material breach of the agreement, the Standard Terms and Conditions, the Cooperation Agreement or appendices, as a result of which the Lessor acquires the right to suspend the use of the vehicle, limit its functionality, repossess the vehicle or terminate the agreement extraordinarily.
2.16.1 Exceeding the debt limit.
2.16.2 Failure to pay mandatory payments or late payment.
2.16.3 Failure to pay rental fees, penalties, compensation of expenses or TSK payments.
2.16.4 Breach of the obligation to return the vehicle, including late return, failure to appear for handover or return, or return of the vehicle without a handover–acceptance act.
2.16.5 Breach of technical, operational or traffic requirements.
2.16.6 Breach of TSK conditions or failure to notify of an insurance event.
2.16.7 Failure to comply with the Lessor’s written instructions, demands or orders.
2.16.8 Use of the vehicle in a prohibited manner, dangerous or negligent driving style creating danger or increased risk.
2.16.9 Unauthorized abandonment of the vehicle, evasion of the obligation to hand over or return the vehicle, or obstruction thereof.
2.16.10 Failure to fulfil another essential obligation affecting the performance of the agreement or the Lessor’s ability to ensure the safe and proper provision of the rental service.
All circumstances listed in Clauses 2.16.1–2.16.10 constitute independent grounds for qualifying a breach as material, regardless of whether the breach is intentional, due to negligence or repeated.
2.17 Breach – all actions or omissions in accordance with Clause 4.1.1 of the Cooperation Agreement.
2.18 Return – the actual handover of the vehicle to the Lessor together with the execution of the handover–acceptance act.
2.19 Abandonment – Abandonment means a situation where the Lessee leaves the vehicle at a location that has not been agreed with the Lessor, does not inform the Lessor of the vehicle’s location, and does not respond to the Lessor’s communications for at least 2 hours.
2.20 Removal – means taking the vehicle out of the Lessee’s use due to serious breaches of the agreement or its appendices, and, where necessary, transporting the vehicle to the handover–acceptance point.
2.21 Handover–acceptance point — the territory located at Lasnamäe 30a, Tallinn 11413.
2.22 Minimum rental period – the period during which the Lessee undertakes to pay for the rental of the vehicle in accordance with Clause 1.13 of the Cooperation Agreement and the terms set out in these Standard Terms and Conditions, regardless of the use of the vehicle, pauses in use or return. The commencement, duration and procedure for applying the rental price of the minimum rental period are set out in Clause 3.24.
III. CONDITIONS FOR THE USE OF THE VEHICLE
3.1 The Lessor undertakes to ensure that the rental vehicle is in good technical condition and suitable for immediate use and operation in accordance with its ordinary purpose, taking into account normal wear and tear of the vehicle.
3.2 Defects at the time of handover of the rental vehicle shall not include faults and malfunctions that do not affect road safety now or in the future (e.g., scratches on internal and external surfaces of equipment, defects of spare parts, malfunctions of multimedia devices, sensor failures). Such defects shall be recorded in the handover–acceptance act.
3.3 When using the rental service, the Lessee must, inter alia, comply with the following requirements:
3.3.1 The Lessee is obliged, before accepting the vehicle, to carefully check its technical condition and external appearance, execute with the Lessor a handover–acceptance act regarding existing damage, and confirm it by signature. The Lessee’s signature confirms consent only as to the damage indicated in the act. Damage shall be recorded by a written description and/or photo documentation.
3.3.2 To comply with the requirements for the use and maintenance of the vehicle, including those not expressly mentioned in these terms and conditions but customary in the use of such items.
3.3.3 To drive attentively, carefully, politely and safely, complying with traffic regulations and respecting other road users and people, taking all necessary precautions, avoiding danger to other people, their property and the environment;
3.3.4 To behave reasonably, cautiously and responsibly;
3.3.5 To be fully sober (0.00 ‰) and not be under the influence of alcohol, narcotic or psychoactive substances;
3.3.6 Not to drive the vehicle while ill, tired or in any other condition that may endanger road safety or prevent lawful and safe driving of the vehicle;
3.3.7 Not to hand over the vehicle or allow its use by a third person without the Lessor’s prior written consent. In case of breach, a penalty of €500 shall be applied. The Lessee is fully and without limitation liable for all damages, breaches, fines and costs caused by the third person as if caused by the Lessee. All insurance deductibles and payouts shall be borne by the Lessee. In this case, the Lessee automatically loses the right to TSK and all discounts;
3.3.8 Not to copy, modify or delete data in the vehicle’s system, and also not to appropriate, destroy or damage documents related to the vehicle (e.g., the registration certificate);
3.3.9 Not to hand over documents related to the vehicle or materials related to the agreement to third parties without the Lessor’s prior written consent;
3.3.10 Not to disassemble, repair or technically modify the vehicle;
3.3.11 Not to transport explosive, flammable, toxic or otherwise hazardous substances in the vehicle, and also not to use heating devices, open fire or other sources of fire in or near the vehicle;
3.3.12 Not to use the vehicle for purposes for which it is not intended or adapted (e.g., freight transport, transport of heavy items or large animals, driving in forests, bodies of water or other terrain), and also not to overload the vehicle or place cargo incorrectly;
3.3.13 Not to use the vehicle in races, competitions or other sports or competitive events;
3.3.14 Not to use the vehicle for driving instruction or for towing other vehicles;
3.3.15 To comply with traffic regulations;
3.3.16 To protect the vehicle and property in it, use the vehicle carefully and take reasonable measures to ensure its security (e.g., lock doors, close windows, switch off lights and audio devices, etc.);
3.3.17 To ensure that:
A) smoking is not permitted in the vehicle;
B) small animals are transported only in a transport crate intended for that purpose;
3.3.18 Before starting to drive, to make sure that the vehicle has no obvious faults or defects, and in case they exist, to immediately notify the Lessor in a form reproducible in writing;
3.3.19 To comply with all requirements set out in applicable legal acts;
3.3.20 To use the vehicle only within the territory of the Republic of Estonia, except where the Lessor has given prior written consent. The granting of consent shall be decided by the Lessor after an individual assessment of the Lessee’s application.
3.3.21 For each breach of Clauses 3.3.1–3.3.20 of this agreement without the Lessor’s prior written consent, the Lessor has the right to demand from the Lessee a contractual penalty in the amount of 500 euros per breach, in accordance with the valid price list. The contractual penalty shall be applied separately for each breach.
3.22 Use of the vehicle outside Estonia “The Lessee is prohibited from taking or driving the vehicle outside the territory of the Republic of Estonia without the Lessor’s prior written consent. In the absence of consent, the use of the vehicle shall be deemed a material breach of the contractual terms and a contractual penalty of 500 (five hundred) euros shall apply. In addition, the Lessee is fully liable for all costs of returning the vehicle, evacuation, transport, and related administrative and logistical costs if the vehicle has been taken out of the territory of Estonia or left outside the permitted area.
3.23 The Lessee acknowledges and agrees that the rental price indicated in the vehicle handover–acceptance act includes up to 2,000 (two thousand) kilometres per calendar week. Mileage exceeding the said limit shall be additionally payable by the Lessee at a rate of 0.02 euros per kilometre, based on the vehicle’s actual mileage according to the odometer. The Lessor has the right to demand payment for additional mileage at any time and to include the cost of exceeded mileage in the Lessee’s payment obligations for the next development week.
3.24 The minimum rental period begins from the date indicated in the first handover–acceptance act concluded under this agreement. If the Lessee does not sign the handover–acceptance act within seven (7) calendar days from the conclusion of this agreement, the minimum rental period shall commence automatically — from the date of conclusion of this agreement, regardless of actual receipt of the vehicle. If the handover–acceptance act has not been signed within seven days, the Lessor’s standard weekly price of 240 euros shall apply as the rental price for the minimum rental period, based on the standard weekly price amount of 240 euros and the terms of this agreement and its appendices. The standard weekly price shall be deemed the rental price agreed between the parties until the signing of the handover–acceptance act. The fee for the minimum rental period is the Lessee’s principal contractual obligation and does not depend on the intensity of use of the vehicle, pauses in use or the time of return. Early return of the vehicle, a notice of termination or termination of the agreement does not terminate or shorten the obligation to pay for the minimum rental period. The parties confirm that the agreement concerning the minimum rental period complies with the requirements of § 11 (1) of the Law of Obligations Act (VÕS), is economically justified, concluded in the course of economic activity, and reflects the nature of the rental service and the Lessor’s business risk. The obligation to pay for the minimum rental period remains in full and shall be performed regardless of the circumstances of termination of the agreement or the actual use of the vehicle.
IV. RECEIPT AND RETURN OF THE VEHICLE
4.1 The vehicle shall be handed over to the Lessee at Lasnamäe 30a, Tallinn, on the basis of a handover–acceptance act signed by both parties.
4.2 The period of use of the rental vehicle shall last until return performed by the Lessee in accordance with the terms of the agreement and may not conflict with the agreement’s minimum period or the notice obligation.
4.3 The Lessee shall return the vehicle at Lasnamäe 30a, Tallinn, on the basis of a handover–acceptance act signed by the parties.
4.4 The Lessee is obliged to return the vehicle on the day and at the time agreed under the agreement (Monday at 10:00), at Lasnamäe 30a, on the basis of a signed handover–acceptance act. Unauthorized abandonment of the vehicle without an act is prohibited. If the vehicle is abandoned in Tallinn, the Lessee is obliged to pay a contractual penalty of 500 euros. If the vehicle is abandoned outside the borders of Tallinn, an additional 2 euros per kilometre to the vehicle’s location shall be added to the penalty. If the vehicle is not roadworthy at the time of abandonment, the actual cost of the tow truck shall be added.
4.5 If the vehicle is returned without a written handover–acceptance act, the Lessee is fully liable for all defects found on the vehicle, unless the Lessee proves otherwise or the defects were recorded in the initial handover act.
4.6 The amount of the security deposit is 500 euros, unless otherwise provided in the cooperation agreement. The security deposit is paid after signing the agreement and is returned to the Lessee not earlier than four weeks after the return of the vehicle, after set-off of all possible obligations.
4.7 The Lessee must return the vehicle in a condition that is not worse than at the time of receipt, taking into account normal wear and tear. In assessing wear and tear, the guideline “Guideline for Determining Natural and Unnatural Wear of Vehicles” prepared and published by the Estonian Leasing Association (Eesti Liisinguühingute Liit) shall be followed, which is deemed an integral part of these terms and conditions, and the state technical inspection regulation.
4.8 Natural wear and tear does not include the following:
4.8.1 parts, devices and mechanisms that are mechanically or thermally broken, deformed or otherwise damaged;
4.8.2 dents in the vehicle body, cracks in the paintwork and visible scratches;
4.8.3 wear of paintwork and stickers affixed to the vehicle body caused by intensive or improper washing or cleaning;
4.8.4 poor-quality repair work and defects resulting therefrom, regardless of the fact that the Lessee has no right to repair the vehicle himself/herself or through third parties;
4.8.5 cracks in the vehicle’s body glass;
4.8.6 scratches on body glass caused by improper use or cleaning of the vehicle;
4.8.7 damage and soiling of the interior, including burnt or heavily soiled seats, broken parts of the dashboard or other plastic parts, luggage compartment lid, window handles, etc.;
4.8.8 damage to the geometry of the vehicle body.
4.9 Failure to comply with the obligation to return the vehicle
4.9.1 The Lessee is obliged to return the vehicle at the time and place determined by the Lessor on the basis of a written demand.
4.9.2 If the Lessee fails to appear or fails to return the vehicle by the specified deadline, this shall be deemed a material breach of this agreement.
4.9.3 The Lessor has the right to independently take back the vehicle, including by applying technical means (remote immobilisation) or ordering a tow truck. All costs related thereto shall be reimbursed by the Lessee in full.
4.9.4 Failure to return the vehicle shall be deemed termination by the Lessee, and the Lessee is obliged to pay the entire valid minimum period and all accrued amounts.
4.9.5 If the Lessee does not return the vehicle by the deadline determined in the Lessor’s written demand, in addition to the costs set out in these terms and conditions, a fixed expense compensation in the amount of 60 (sixty) euros per calendar day shall apply to the Lessee until the vehicle is actually returned to the Lessor or taken back by the Lessor. The expense compensation is a pre-agreed compensation to cover the Lessor’s additional organisational, administrative, transport and vehicle downtime costs and does not exclude the application of other fees, penalties, default interest and damages set out in these terms and conditions or the agreement in full.
4.10 Termination of the agreement
4.10.1 Termination of the agreement is permitted only in written form by sending a notice to the official e-mail address of the agreement. Oral notices, messages via messaging applications or notices delivered to third parties are not valid.
4.10.2 The notice period is at least two (2) full calendar weeks. The period shall be calculated from the working day following the lapse of 24 hours from sending the notice to the Lessor’s official e-mail address.
4.10.3 The Lessee may terminate the use of the service after the expiry of the notice period, but not before the end of the minimum rental period. Giving notice does not shorten the duration of the minimum rental period.
4.10.4 Until the end of the notice period and the minimum rental period, the Lessee is obliged to pay the rental fee in full in accordance with the cost of the current rental week and the terms of this agreement and its appendices, regardless of the use of the vehicle or its return.
4.10.5 The Lessee has the right to use the vehicle during the notice period in accordance with the terms of this agreement and its appendices. Returning the vehicle before the end of the notice period or the minimum rental period does not reduce the rental payment, and the Lessee must pay for the entire unused period in accordance with the rental price indicated in the handover–acceptance act.
4.10.6 The parties confirm that this condition is concluded pursuant to § 12 (1) of the Law of Obligations Act (VÕS), is economically justified and ensures protection of the Lessor’s business risk. The Lessee is obliged to pay the rental fee even if the vehicle is not used during the notice period, as this concerns the right of use, not an obligation to use.
V. EVENTS DURING THE PERIOD OF USE
5.1 If the vehicle breaks down, a warning indicator lights up, the vehicle makes an unusual sound or it is not possible to drive it safely, the Lessee must immediately stop using the vehicle, notify the Lessor in a form reproducible in writing, and follow the Lessor’s instructions.
5.2 In the event of a traffic accident, damage or other loss event, the Lessee must immediately notify the Lessor, notify the police or other competent authorities where necessary, complete the traffic accident declaration and take all actions to limit damage and document the circumstances in accordance with legal acts and the terms of the agreement.
5.3 In the event of a traffic accident, damage or other loss event, the Lessee is liable for damage caused to the vehicle to the extent not covered by insurance. The Lessee is also liable if the Lessee fails to comply with the procedure for registering an insurance event (including, but not limited to, failure to notify the police, failure to complete the traffic accident form No. 1, failure to submit photos or other required materials), as a result of which the insurer refuses to compensate the damage.
5.4 In the event of damage or loss of documents, the Lessee must submit a written explanation to the Lessor no later than 24 hours from becoming aware of the event. The explanation may be submitted in a form reproducible in writing (e-mail), provided that the submitter can be unequivocally identified and all required data are provided.
VI. LIABILITY
6.1 The Lessee is liable for all damage caused to the vehicle, the Lessor or third parties to the extent not covered by insurance, as well as for damage arising from the Lessee’s acts or omissions or from breach of the agreement or these terms and conditions.
6.2 The Lessee shall compensate damage in accordance with the damage assessment prepared by the Lessor, price quotations and/or repair invoices. The Lessor has the right to set off all amounts payable by the Lessee against the Lessee’s security deposit and to issue an additional invoice to the Lessee for any remaining balance.
6.3 If the insurer refuses to compensate the damage due to the fault of the Lessee or due to breach of the Lessee’s obligations (including, but not limited to, breach of traffic accident reporting requirements, failure to notify the police, failure to complete the traffic accident form, or failure to submit required documents), the Lessee is fully liable for the entire damage caused.
6.4 The Lessee is fully liable for damage if the damage was caused intentionally or by gross negligence, including cases where the vehicle was driven under the influence of alcohol, narcotic or psychoactive substances, without a valid driving right, by an unauthorised person, where the scene of a traffic accident was left, or where the vehicle was used for a prohibited or unsuitable purpose.
6.5 If damage caused to third parties is not covered by insurance or if insurance reduces compensation due to the Lessee’s breach, the Lessee is fully liable for the reduced or uncompensated part.
6.6 The Lessor is not liable for indirect damage suffered by the Lessee, including loss of profit, downtime, interruption of work or income, reputational damage or other indirect pecuniary damage, except where the damage was caused by the Lessor’s intent or gross negligence.
VII. PENALTIES
7.1 The penalties provided for in these terms and conditions and the procedure for imposing them constitute a contractual penalty system, the specific types and amounts of penalties of which derive from the cooperation agreement and the valid price list.
7.2 By signing the cooperation agreement, the Lessee confirms that the Lessee has familiarised himself/herself with the valid list of penalties and agrees to its application throughout the entire rental period.
7.3 The penalties listed in these terms and conditions and the price list shall be deemed penalties agreed in advance between the parties within the meaning of §§ 158–159 of the Law of Obligations Act (VÕS).
7.4 Payment of a penalty does not release the Lessee from the obligation to compensate the Lessor for all additional damage not covered by the penalty, including repair, downtime, transport and administrative costs.
7.5 The Lessee must pay the penalty specified in the price list, inter alia, for the following breaches (the list is not exhaustive):
7.5.1 Damage to or loss of the vehicle, its parts, accessories or keys;
7.5.2 Smoking in the vehicle;
7.5.3 Dangerous, careless or traffic-rule-violating driving style;
7.5.4 Improperly dirty condition of the vehicle exceeding the scope of normal use;
7.5.5 Driving the vehicle under the influence of alcohol (0.00+ ‰) or narcotic or psychoactive substances, as well as refusal to undergo testing or allowing a person in such condition to drive the vehicle;
7.5.6 Appropriation, theft or loss of the vehicle or property belonging thereto.
7.6 The parties confirm that the penalties set out in these terms and conditions are economically justified and proportionate to the Lessor’s actual costs and business risks. The purpose of the penalty is not to punish the Lessee but to cover the Lessor’s direct and indirect costs, including logistics, downtime, administrative, vehicle rearrangement, replacement vehicle provision, personnel and transport costs. The amounts of penalties are determined based on the Lessor’s customary costs in handling breaches and the business risk arising from vehicle downtime. Accordingly, the penalties comply with §§ 158–159 of the Law of Obligations Act (VÕS) and are not unreasonable or excessive.
VIII. SPECIAL PROVISIONS ON PENALTIES
8.1 Contractual penalties shall be imposed and calculated in accordance with the valid price list and these Standard Terms and Conditions. The penalties indicated in the price list are contractual penalties agreed in advance between the parties within the meaning of §§ 158–159 of the Law of Obligations Act (VÕS) and shall be applied automatically upon detection of the relevant breach.
8.2 The Lessor has the right to change penalty amounts and types of penalties solely by amending the price list. Amendments to the price list shall be notified to the Lessee at least two full weeks in advance, except where the amendments are more favourable to the Lessee.
8.3 Imposition of a penalty does not preclude compensation for damage to the extent not covered by the penalty; however, double punishment shall not be applied for the same breach. Payment of a penalty does not release the Lessee from the obligation to compensate all additional costs, including repair, downtime, towing, transport and administrative costs.
8.4 The Lessee is additionally liable for the actions of persons whom the Lessee allowed to drive or use the vehicle. Penalties shall also apply where the breach was committed by an authorised driver or another person for whose actions the Lessee is liable as for the Lessee’s own actions.
8.5 Penalties shall be applied separately for each breach where breaches are temporally and substantively distinguishable. Each breach shall be deemed an independent ground for imposing a penalty.
8.6 The Lessee is obliged to pay the penalty within seven (7) calendar days from issuance of the penalty invoice, unless a shorter term is provided in the price list. The penalty invoice shall be deemed received upon sending it to the e-mail address specified in the agreement.
8.7 If the Lessee fails to pay the penalty by the prescribed deadline, the Lessor has the right to:
A) apply default interest of 0.1% of the unpaid penalty amount for each day of delay;
B) set off the unpaid penalty and default interest against the Lessee’s security deposit;
C) suspend the right to use the vehicle until full payment of the penalty and default interest;
D) demand reimbursement of all collection costs (including reminder fees, debt collection costs, court costs and bailiff’s fees).
IX. DAMAGE ASSESSMENT. DAMAGE HANDLING
9.1 The Lessee is responsible for ensuring that the vehicle is always parked lawfully and in accordance with traffic regulations. The Lessee shall compensate all parking and traffic violations committed during the rental period, regardless of whether the violation was committed by the Lessee or by an authorised driver.
9.2 The Lessee shall ensure that the vehicle is parked in a safe location that prevents damage to the vehicle. The Lessee is liable for damage arising from improper or careless parking of the vehicle (including damage, vandalism, theft, flooding and technical failures).
9.3 The Lessee is obliged to return the vehicle with at least the same amount of fuel as at the time of handover. If the vehicle is returned with a lower fuel level, the Lessor has the right to charge the Lessee an additional fee in accordance with the valid price list.
9.4 If the Lessee uses an incorrect type of fuel (e.g., incorrect octane rating, mixing petrol/diesel, failure to add AdBlue), the Lessee is fully liable for all related direct and indirect costs, including towing, emptying the fuel tank, repair costs and additional service costs.
9.5 The Lessee is obliged to monitor the vehicle’s fuel level and ensure that the vehicle is not used in a situation where the fuel level may cause technical damage (e.g., air entering the fuel system of a diesel engine). In case of such breach, the Lessee is liable for all damage caused.
9.6 Costs of electrical charging of the vehicle (if the rental vehicle is a hybrid or electric vehicle) shall be borne by the Lessee, unless otherwise provided in the cooperation agreement or the price list. Damage arising from incorrect charging methods, incorrect charging stations or improper actions shall be fully compensated by the Lessee.
9.7 If the rental vehicle becomes unusable due to a technical fault or traffic accident not caused by the Lessee’s fault or negligence, and the Lessor is unable to provide the Lessee with an equivalent replacement vehicle within a reasonable time, no rental fee shall be charged to the Lessee for the period during which the vehicle could not be used. The fee exemption shall not suspend or extend the running of the mandatory rental period — the mandatory rental period shall continue to run during the fee exemption. The calculation of the mandatory rental period shall continue and shall be deemed fulfilled in accordance with Clause 1.13 of the cooperation agreement even if the Lessee temporarily lacked the possibility to use the vehicle for reasons beyond the Lessor’s control.
X. ADMINISTRATIVE OFFENCE FINES, TAXES AND FEES
10.1 All disputes arising from this agreement, these Standard Terms and Conditions or the use of the rental service shall primarily be resolved through negotiations between the parties. The Lessee is obliged to submit a complaint or claim in a form reproducible in writing, and the Lessor shall respond within five (5) working days.
10.2 If the parties fail to reach an agreement through negotiations, disputes shall be resolved under the laws of the Republic of Estonia. All court disputes shall be resolved in Harju County Court, unless mandatory special extrajudicial proceedings or a different jurisdiction is prescribed by law.
10.3 The Lessor has the right to initiate expedited payment order proceedings or enforcement proceedings without additional prior notice if the Lessee breaches payment obligations or other monetary obligations.
10.4 In resolving disputes, the Cooperation Agreement, the Standard Terms and Conditions, Special Terms, TSK Terms, Guarantee Agreement, bonus campaign appendices (including “New Driver”), the handover–acceptance act, the valid price list, all appendices and special agreements related to the agreement, and the legislation of the Republic of Estonia shall apply. All the said documents constitute a single agreement.
XI. LESSOR’S LIABILITY
11.1 The agreement is concluded for an indefinite term, unless a fixed term or a minimum period of use is provided in the cooperation agreement or special terms. The Lessee undertakes to comply with the minimum period specified in the agreement and may not terminate the agreement before the end of the minimum period without the Lessor’s written consent. The exact duration of the minimum period, the calculation procedure and the notice obligation derive from the cooperation agreement and prevail over this appendix.
11.2 The Lessee has the right to terminate the agreement by notifying the Lessor at least two (2) full weeks in advance in a form reproducible in writing. The notice period shall commence on the working day following receipt of the notice at the Lessor’s official e-mail address.
11.3 Termination of the agreement does not release the Lessee from the obligation to pay the rental fee for the minimum period, the rental fee for the rental period until the actual return of the vehicle, already accrued payment obligations, penalties or damages. All fees shall be calculated until the actual return of the vehicle and the signing of the handover–acceptance act.
11.4 The Lessor has the right to terminate the agreement extraordinarily with immediate effect and without a notice period if:
A) the Lessee materially breaches payment obligations or exceeds the debt limit;
B) the Lessee breaches these Standard Terms and Conditions, the cooperation agreement or legal acts;
C) the Lessee uses the vehicle in a prohibited or dangerous manner;
D) the Lessee or an authorised driver intentionally or by gross negligence causes damage;
E) the insurer terminates or suspends the insurance cover valid for the vehicle due to the Lessee’s breach.
Extraordinary termination by the Lessor under this clause shall be deemed termination by the Lessee and shall not release the Lessee from fulfilment of any contractual obligations, including payment of the minimum period fee, fees related to the notice period, accrued rental fees, penalties, expense compensations and all costs related to the return of the vehicle. All such obligations remain in force regardless of the manner and grounds of termination.
11.5 Extraordinary termination of the agreement entitles the Lessor to:
A) demand immediate return of the vehicle;
B) suspend or block the right to use the vehicle;
C) take back the vehicle from the location in the Lessee’s possession;
D) demand compensation for all incurred costs and damages.
11.6 The Lessee is obliged to return the vehicle to the Lessor at the first opportunity after termination of the agreement, complying with the return requirements set out in Chapter IV. Delay in return or unauthorised possession of the vehicle shall be deemed a material breach and shall result in a penalty or compensation for damage in accordance with these Standard Terms and Conditions and the valid price list.
11.7 Signing of the handover–acceptance act at the time of return does not mean termination of the agreement and confirms only the actual return of the vehicle. The agreement remains in force until a notice of termination submitted by one party is delivered to the other party, and remains valid until all obligations arising during the validity of the agreement have been fully performed. Conclusion of a new cooperation agreement between the parties does not release the Lessee or the Lessor from fulfilment of obligations arising under the previous agreement, and all obligations arising under the previous agreement must be fully performed regardless of the existence of a new agreement. Return of the vehicle does not release the Lessee from any contractual or financial obligations, and obligations arising during the term of the agreement remain in force after termination until full performance. During the validity of this agreement, the Lessee has the right to use other free vehicles belonging to the Lessor’s fleet without concluding a new agreement, provided that the use of each vehicle is formalised by a separate handover–acceptance act and is subject to the valid terms and conditions.
11.8 Termination of the agreement does not release the Lessee from the obligation to pay the rental fee for the minimum rental period in full regardless of use or early return of the vehicle, nor from the obligation to pay the rental fee for the notice period (two full weeks) in full even if the vehicle is returned during the notice period or the Lessee ceases use of the vehicle. All such fees remain payable by the Lessee even if the agreement is terminated extraordinarily or due to the Lessee’s breach, and termination does not affect the obligation to fulfil obligations or debts accrued prior to termination.
11.9 Taking back the vehicle by the Lessor due to the Lessee’s breach of the agreement, non-performance of payment obligations or other breaches shall be deemed termination of the agreement at the Lessee’s initiative with all resulting consequences. In such case, all contractual obligations, including payment of the minimum rental period fee, the notice period fee, unpaid rental period fees, penalties and damages, shall remain borne by the Lessee.
XII. SERVICE PRICES. ADDITIONAL FEES. PAYMENT TERMS
12.1 The weekly rental fee for the rental vehicle shall be determined and agreed between the parties at the time of handover of the vehicle and fixed in the vehicle handover–acceptance act, which may be signed with a digital signature or a handwritten signature. The rental fee indicated in the handover–acceptance act shall form the basis of the agreement throughout the entire rental period, unless the parties agree on amendments in written form.
12.2 The rental fee specified in the handover–acceptance act applies only in the case of payment for a full rental week. A full rental week is deemed to be the period from Monday at 10:00 to Monday of the following week at 10:00.
12.3 Sunday is a free-of-charge day of use, but it is included in the rental period and does not suspend or extend the calculation of the rental period.
The free-of-charge Sunday applies only if the Lessee pays the full rental week fee in full in accordance with the price indicated in the handover–acceptance act and does not apply in the calculation of a partial rental week. The cost of each 24-hour period (10:00–10:00) of a partial rental week is equal to one fifth (1/5) of the full rental week fee indicated in the handover–acceptance act.
12.4 The Lessee undertakes to pay the Lessor an advance payment for each full calendar rental week in accordance with the amount specified in the handover–acceptance act, either by transfer to the Lessor’s bank account (or another account designated by the Lessor’s representative) with the appropriate reference “car rental + vehicle number”, or in cash at the Lessor’s office located at Lasnamäe 30a, Tallinn. The bank transfer or cash payment must be made no later than Tuesday of the current week by 16:00.
12.5 The rental fee and other amounts arising from the use of the rental vehicle must be paid on time. In case of late payment, the Lessee shall pay default interest in the amount of 0.1% of the unpaid amount for each calendar day of delay.
12.6 The Lessor has the right to determine a maximum debt limit for the use of rental services by the Lessee.
The Lessor has the right to unilaterally increase the debt limit at any time by notifying the Lessee thereof.
The debt limit shall not be reduced or cancelled unless the parties agree on its amendment in written form.
12.7 The debt limit is 240 euros. Upon exceeding this limit, the Lessor may suspend the provision of the rental service if the Lessee has breached payment obligations on multiple occasions and has been given at least two prior written notices (SMS or e-mail). The Lessor shall thereafter grant the Lessee 7 days to perform the obligations. The agreement shall be deemed materially breached if the Lessee fails to perform the obligations within the said deadline. The 7-day deadline provided in this clause is a special provision and replaces the general deadline for remedying breach set out in Clause 12.5 of these Standard Terms and Conditions.
12.8 Weekly rental payments are based on the agreement and its appendices (including the handover–acceptance act). Invoices issued to the Lessee are for informational purposes only, do not affect the occurrence of the payment obligation or deadlines, and are used for accounting purposes to reflect calculations for the past period.
12.9 The Lessor prepares and issues an invoice for the past period or week with a delay of up to 2 weeks. The invoice provides an overview of performance of obligations and is used for accounting purposes.
12.10 The Lessor shall issue invoices to the Lessee for all penalties, additional fees and other amounts specified in the price list in accordance with applicable legal acts.
12.11 The Lessee acknowledges and unconditionally agrees that at the time of issuing an invoice, the Lessor may not have complete, accurate or up-to-date information on all obligations incurred during the invoice period. Due to delays in data transmission, human error, technical errors, failure to receive information, failure to enter data into the system, the Lessor’s internal processes or agreements between the parties of which the invoice issuer may not have been aware, certain amounts or transactions may be missing from the invoice, or the invoice may reflect amounts that do not correspond to the actual circumstances.
The Lessee expressly and unconditionally agrees with the Lessor’s right to make justified corrective entries to the Lessee’s balance immediately upon receipt of the relevant information, provided that the Lessor has indisputable evidence of the lawfulness of such corrections. Such evidence includes, but is not limited to, vehicle repair and maintenance invoices, penalties, notices from public authorities, service centre documents, payment documents, platform reports and data (including Bolt and Forus), handover–acceptance acts, internal notes and other documents or data that objectively confirm the actual circumstances. Corrective entries may increase or decrease the Lessee’s obligations depending on the actually proven circumstances and shall be reflected in the Lessee’s subsequent invoices.
The Lessee further expressly agrees that the amount indicated on the invoice is not final and does not constitute an independent payment obligation. The Lessee’s actual obligations arise from the Cooperation Agreement, the Standard Terms and Conditions, the Special Terms, the handover–acceptance acts, the valid price list, the list of penalties, the TSK Terms and other documented circumstances, including, but not limited to, penalties, repair invoices and service provider documents. In case of any discrepancies, the Lessee’s obligations shall be adjusted according to the actual circumstances, and the Lessee undertakes to pay all amounts adjusted accordingly, including amounts determined after issuance of the initial invoice.
12.12 If all services have been paid in full, the notice sent to the Lessee shall indicate that the outstanding balance payable is 0.00 euros. Otherwise, the unpaid balance and accrued default interest shall be indicated.
12.13 If the Lessee fails to pay for the services on time and does not do so within the additional deadline set by the Lessor, the Lessor has the right to transfer the claim to a debt collection agency or assign it to a third party. The Lessor may transfer the Lessee’s personal data to persons and authorities permitted by law for the purpose of debt collection and administration.
12.14 All amounts payable by the Lessee to the Lessor shall be applied in the following mandatory order:
12.14.1 Penalties and default interest
First, all penalties, contractual penalties, default interest and other sanctions shall be applied, including parking and traffic fines and penalties arising from breach of contractual terms.
12.14.2 Other amounts payable to the Lessor, taxes and fees
Second, all other amounts shall be applied, including vehicle cleaning and special cleaning fees, damage assessment fees, repair, evacuation, transport, administrative and logistics costs, deductions from the security deposit, TSK payments and other costs specified in the price list or the agreement.
12.14.3 Previous debt for services rendered
Third, all outstanding debts from previous periods for rental fees, TSK payments, additional services and other obligations shall be applied.
12.14.4 Current rental fee
Finally, the rental fee for the current week shall be applied in accordance with the handover–acceptance act and the payment schedule.
12.14.5 Use of the security deposit
The security deposit is not a rental fee. The Lessor has the right to use the security deposit in whole or in part to cover the amounts specified in Clause 12.14.
12.14.6 Validity of TSK coverage
TSK coverage is valid only if the amounts specified in Clauses 12.14.1–12.14.3 have been paid in full and the current week’s TSK payment has been paid on time in accordance with the TSK Terms.
12.14.7 Mandatory and final accounting order
This order of application of payments is mandatory and final and applies regardless of the information or instructions provided in the Lessee’s payment order. The Lessor has the right to make set-offs only in the order set out in this clause.
12.15 Precondition for payment of the security deposit
12.15.1 The security deposit must be paid in full before other payments are applied.
12.15.2 If the security deposit has not been paid in full, all payments made by the Lessee shall first be deemed to cover the shortfall of the security deposit, regardless of the payment reference.
12.15.3 Only after full payment of the security deposit shall the order of application of payments set out in Clause 12.14 apply.
12.16 Lessee’s consent to the use of unpaid funds to cover debt
12.16.1 By signing the Cooperation Agreement, the Lessee gives his/her explicit and written consent that, in the event the Lessee incurs indebtedness to the Lessor arising from the Cooperation Agreement (including unpaid rental fees, default interest or other monetary obligations), the Lessor has the right to submit a request to the customer support of taxi order platforms (Bolt, Forus, Uber, etc.) for the use of funds earned by the Lessee but not yet paid out to cover the Lessee’s debt obligations.
12.16.2 The said funds may be used solely in accordance with the official procedures of the respective platform and only in the event of the existence of indebtedness.
12.16.3 The Lessor has no direct access to the Lessee’s account (Bolt, Forus, Uber, etc.) and no right to dispose of the Lessee’s income. All use of unpaid funds shall take place exclusively through the official procedures of the taxi platform.
12.16.4 The Lessor undertakes to use the said funds solely for set-off of the Lessee’s contractual obligations. At the request of the Lessee or the service provider, the Lessor shall provide the relevant accounting and explanation.
12.16.5 The consent is valid if the Lessee has indebtedness to the Lessor and the Lessee’s account on the relevant platform is linked to the Lessor’s fleet. In such case, use of the Lessor’s vehicle by the Lessee is not required.
12.16.6 The parties may specify or extend the scope of the consent by written agreement.
12.17 Lessee’s consent to temporary restriction of payouts
12.17.1 By signing the Cooperation Agreement, the Lessee irrevocably gives his/her written consent that, in the event of indebtedness, the Lessor has the right to submit a request to taxi order platforms to temporarily restrict payouts to the Lessee in such a manner that the Lessee’s earned income is paid out once per week on the first working day of the week.
12.17.2 The sole purpose of the restriction is to ensure payment of the Lessee’s existing debt in accordance with the Cooperation Agreement and these Standard Terms and Conditions and to prevent an increase of indebtedness.
12.17.3 The Lessor has no right to apply the restriction if the Lessee has no indebtedness.
12.17.4 The Lessee confirms that the said consent is given voluntarily and for the purposes of economic activity and does not grant the Lessor the right to dispose of the Lessee’s income nor provide access to the Lessee’s account on taxi order applications.
12.17.5 Such temporary restriction is not contrary to the Lessee’s economic activity, does not prevent performance of driving work and does not conflict with the terms of use of any taxi platform.
12.17.6 The restriction shall be automatically lifted after full repayment of the debt or full performance of a payment schedule agreed in writing between the parties.
12.17.7 This consent is given within the meaning of § 12 (1) and § 15 (1) of the Law of Obligations Act (VÕS).
12.18 Additional 25% surcharge intended to cover debt
12.18.1 If the Lessee incurs unpaid indebtedness for the rental period, an additional payment of 25% (“surcharge”) shall be applied to the cost of the next full rental week for the purpose of partial repayment of the debt.
12.18.2 The surcharge shall be calculated solely on the basis of the base rental price indicated in the vehicle handover–acceptance act, i.e., before application of bonuses and discounts. (Base price = the weekly rental price fixed in the act without any discounts.)
12.18.3 The surcharge is not a contractual penalty but a reasonable and proportionate economic measure aimed at gradually reducing the debt and mitigating the business risk arising in the rental relationship.
12.18.4 Application of the surcharge does not preclude calculation of default interest nor performance of other contractual obligations.
12.18.5 The surcharge shall apply automatically each week until the debt has been fully repaid.
XIII. TERMINATION OF THE AGREEMENT
13.1 The Lessee has the right to terminate the agreement after fulfilment of the minimum period specified in the agreement by notifying the Lessor in writing in accordance with the conditions described in Clause 1.14 of the Cooperation Agreement.
13.2 Upon termination of the agreement, the Lessee is obliged to return the rented vehicle on the basis of a handover–acceptance act executed in the presence of both parties.
13.3 Upon return of the vehicle, the parties shall carry out a joint inspection and record the condition of the vehicle, any defects and differences compared to the initial handover–acceptance act. Fixation of defects shall be carried out by photo or video materials.
13.4 The Lessor has the right to terminate the agreement extraordinarily on the same day if at least one of the following breaches occurs:
13.4.1 the vehicle was driven by a person who did not have the right to do so;
13.4.2 the vehicle is used for purposes for which it is not intended;
13.4.3 the driver was under the influence of alcohol (over 0.00‰) or narcotic substances; also where the Lessee consumed alcohol after a traffic accident before clarification of the circumstances or avoids sobriety testing;
13.4.4 the Lessee caused damage to the vehicle intentionally or through gross negligence (including dangerous or careless driving style, serious violation of traffic regulations);
13.4.5 careless and dangerous driving;
13.4.6 the Lessee leaves the scene of an accident;
13.4.7 the Lessee fails to comply with instructions of the police or other competent authorities;
13.4.8 use of the vehicle for committing a crime;
13.4.9 the Lessee fails to notify the Lessor, the police or the Rescue Board of a traffic accident;
13.4.10 the Lessee breaches payment obligations and the debt exceeds 240 euros and the Lessee has not paid the debt within the additional 7-day deadline granted by the Lessor;
13.4.11 the Lessor has the right to terminate the agreement extraordinarily pursuant to § 316 of the Law of Obligations Act (VÕS) if the Lessee has been granted a written deadline of at least 7 days to remedy the breach;
13.4.12 if the Lessee fails to remedy the breach within the deadline, the agreement shall be deemed terminated after expiry of the deadline;
13.4.13 the Lessor has the right to terminate the agreement without granting a new deadline if the Lessee has, within the preceding 12 months, on at least two occasions performed obligations only after expiry of an additional deadline;
13.4.14 the Lessee materially breaches the terms of the agreement and/or continues the breach and/or poses a danger to other Lessees, customers, society or the Lessor;
13.4.15 other cases arising from legal acts.
13.5 The rental agreement shall terminate upon the death of the Lessee.