Company for trade and services A B D – RENT DOOEL Export-Import Skopje, with EMBS: 7516100 and EDB: 4082021528987, with headquarters at the address st. 168 No. 1А SkopjeCair, as a provider of services regarding service activities in the land transportation area, i.e. leasing vehicles („rent-a-car) stipulates the following:

 

GENERAL TERMS AND CONDITIONS FOR THE LEASE OF A MOTOR VEHICLE

1.      Definitions:

 

1.1.                                 Company is the Company for trade and services A B D – RENT DOOEL Export-Import Skopje, with EMBS: 7516100 and EDB: 4082021528987, with headquarters at the address st. 168 No. 1А SkopjeCair, which represents a purveyor of services, i.e. a Lessor of private motor vehicles which are the property of the Company or are in any way made available for the use of the Company;

1.2.                                 „Other Services“ are the leasing of other types of equipment or products along with the rental of the motor vehicle such as: child seats, GPS devices, acquiring a green card by proposed zones, transfer from and to airport of the motor vehicle, etc.;

1.3.                                 „Lease Agreement“ is an agreement that binds the Service User, i.e. the Lessee and the Company, that is concluded in a written form, in accordance with the Law on obligational relations;

1.4.                                 Service userorLesseeis a natural or legal person which has concluded Lease Agreement with the Company and which person or persons, or persons authorized by the legal person are referred to as a Driver and/or Additional driver and who are solely authorized to operate the leased motor vehicle in the manner set forth in these General Terms and Conditions, the Lease Agreement and the positive legal regulations of the Republic of North Macedonia;

1.5.                                 Driveris a natural person who in accordance with the Lease Agreement is authorized to operate the leased motor vehicle in the manner set forth  in these General Terms and Conditions, the Lease Agreement and the positive legal regulations of the Republic of North Macedonia;

1.6.                                 Additional Driveris the natural person who in accordance with the Lease Agreement is authorized, apart from the Driver,  to operate the leased motor vehicle in the manner set forth  in these General Terms and Conditions, the Lease Agreement and the positive legal regulations of the Republic of North Macedonia;

1.7.                                 Vehicle Pick-up Dateis the date of conclusion of the Lease Agreement between the Company and Service User i.e. the Lessee, as the date of transition into actual possession of the motor vehicle to the Service User i.e. the Lessee, i.e. the Driver and/or Additional Driver;

1.8.                                 "Vehicle Return Date" means the date specified in the Lease Agreement on which the Driver and/or Additional Driver are required to return the motor vehicle to the Company's Premises;

1.9.                                 "Fleet" means all available motor vehicles owned or otherwise made available for use by the Company for the purpose of renting the motor vehicles to third party;

1.10.                            "Car Park" means the parking lot of the Company where the motor vehicles are exhibited, ready for pick-up, from which the User of the motor vehicle, i.e. the Lessee, takes the motor vehicle into actual possession;

1.11.                            "Website" means the Company's website, i.e. "www.abdrentacar.com";

1.12.                            "Driver's license" means a public document issued by a competent authority proving the right to drive certain categories of vehicles;

1.13.                            "Identity card" is a public document proving the identity, citizenship of the Republic of North Macedonia, residence and address of a citizen of the Republic of North Macedonia or a corresponding public document issued by another state with which the Republic of North Macedonia has concluded an international agreement allowing the entry of such a foreign citizen into the territory of the Republic of North Macedonia without a travel document, i.e. passport, but an Identity card.;

1.14.                            "Passport" means a public document ("travel document") issued by the competent authority of the relevant country of which the holder of the travel document is a national;

1.15.                            "Maximum kilometers in 1 day" means the maximum amount of kilometers that the Service User, i.e. the Lessee, can travel in 1 (one) day with the leased motor vehicle;

1.16.                            "Damage" is any type of material damage that the Service User, i.e. the Lessee, will cause to the leased motor vehicle, regardless of the manner and time in which the damage was done, as long as such damage occurred to the leased motor vehicle for the duration of the Lease Agreement, i.e. until the moment of return of the leased motor vehicle to the Company;

1.17.                            "Deposit" means the amount of money that the Service User, i.e. the Lessee, deposits with the Company for the purpose of securing the obligations arising from the Lease Agreement, which amount is included in the total rent for the motor vehicle;

1.18.                            "Price per day" means the rent for the motor vehicle, subject to the Lease Agreement, for 1 (one) day;

1.19.                            "Total" means the total rent, calculated after the past days, for the entire duration of the Lease Agreement which the Service User or the Lessee is liable to pay in the name of the Lease, minus the amount given at the conclusion of the Lease Agreement in the name of the Deposit;

1.20.                            "Region of use" is a geographical and functional spatial area covering the territory of a designated country, where the Service User, i.e. the Lessee, may use the leased motor vehicle;

1.21.                            "Documents" means a set of necessary documents contained in a motor vehicle, such as a traffic permit, including documents for crossing a state border ("green card") and the like, which the Driver or Additional Driver is required to keep in the vehicle to which they relate.

 

2.      Operating the motor vehicle

 

2.1.                                 The motor vehicle subject to the Lease Agreement may only be driven by a person over the age of 18 who holds a valid driver's license and who is listed in the Lease Agreement as a Driver and/or Additional Driver.

2.2.                                 Persons other than the persons specified in Clause 2.1 of these General Terms and Conditions may not operate the motor vehicle.

2.3.                                 In the cases referred to in Clause 2.2 of these General Terms and Conditions, i.e. when the motor vehicle is driven by unauthorized persons, the Driver and the Additional Driver, together with the persons who operate the motor vehicle, shall jointly and severally answer to the Company for the damage caused, namely: material damage, costs to judicial authorities, state bodies and institutions, costs of initiated proceedings, including,  but not limited to attorneys' fees, notary fees, expert opinion and opinion costs, court costs, and more.

2.4.                                 A motor vehicle subject to the Lease Agreement may be driven by a person who has a valid driver's license and whose driving license is not subject to a prohibition on driving a motor vehicle, nor has it been revoked by a competent authority. The Driver and/or the Additional Driver, by attaching an inspection of the driver's license, warrants that the attached driver's license is valid and exempt from the said restrictions, i.e., irrevocably guarantees to the Company the validity of such document. The Driver and/or the Additional Driver acknowledges that the Company is unable or authorized to examine the authenticity of the Driver's License upon inspection and receipt of a copy of the Driver's License.

2.5.                                 Rented motor vehicle can not be used/used:

2.5.1.                    For paid transportation of persons and goods;

2.5.2.                    If the person who entered into the Lease Agreement provided false information;

2.5.3.                    For any competition, speed trial or race;

2.5.4.                    Under the influence of alcohol;

2.5.5.                    Under the influence of narcotic drugs;

2.5.6.                    Under the influence of tranquilizers, sleeping pills, and other medications;

2.5.7.                    In cases where the motor vehicle is not in driving condition or is overloaded with excessive passengers or luggage, the registration has expired or for any reason when such motor vehicle is not technically correct;

2.5.8.                    Outside of categorized intersections;

2.5.9.                    For committing a crime or misdemeanor;

2.5.10.               Certain conditions, prohibitions or recommendations in force that apply to the motor vehicle in the Region of Use;

2.5.11.               Contrary to conditions, prohibitions or recommendations received by the Company;

2.5.12.               Contrary to the Law on Road Safety of the Republic of North Macedonia and other positive legal regulations and by-laws;

2.6.                                 The Driver and/or the Additional Driver are obliged to operate the motor vehicle in accordance with the positive legal regulations, i.e. according to the traffic rules and road conditions in the Region of Use;

2.7.                                 The Driver and/or Additional Driver are required to use the motor vehicle as a good steward, i.e. a good host.

2.8.                                 The Driver and/or Additional Driver may use the motor vehicle only as specified in the Lease Agreement and these General Terms and Conditions.

2.9.                                 The Driver and/or the Additional Driver shall be liable for damages resulting from the use of the Motor Vehicle contrary to the contract, regardless of the fact whether the Driver and/or the Additional Driver used the Motor Vehicle or a person on their behalf or another person to whom they allowed the Motor Vehicle to be used.

2.10.                            The Driver and/or the Additional Driver are obliged to keep the motor vehicle and after termination of the Lease Agreement or early return of the motor vehicle, to return it in good condition, i.e. undamaged. The Driver and/or the Additional Driver shall not be liable for wear and tear resulting from regular use of the Motor Vehicle, as well as for damages resulting from the durability of the Motor Vehicle.

2.11.                            The Driver and/or the Additional Driver may not, without prior written consent, make changes, modifications, repairs, upgrades or awards to any part of the Motor Vehicle. Any alteration, modification, repair or upgrade to the Motor Vehicle shall become the property of the Company without the Company's obligation to reimburse the value for such benefit, and if such alteration, modification, repair or upgrade causes damage to the Motor Vehicle, the Driver and/or the Additional Driver shall be liable for the material damage caused in full.

2.12.                            The Driver and/or Additional Driver may not, without prior written consent, use the Motor Vehicle for advertising purposes.

2.13.                            The motor vehicle is rented, i.e. issued, and returned with a full tank of fuel suitable for the rented motor vehicle. Fuel is not included in the price or rent for the motor vehicle. In the event of a shortage of fuel on return by the Driver and/or the Additional Driver, the same will be charged to the Driver and/or the Additional Driver by the Company.

 

3.       Renting a Motor Vehicle

 

3.1.                                 The Vehicle is taken over by the Driver and/or the Additional Driver by entering into the Lease Agreement for the motor vehicle in question. With the signature of the Driver and/or the Additional Driver, he/she agrees to accept both the General Terms and Conditions, as well as agree that they take the motor vehicle in question in good condition with full equipment.

3.2.                                 The Driver and/or the Additional Driver are obliged to return the vehicle within the stipulated period, which is specified in the Lease Agreement, to the Car Park from which they have previously picked-up the motor vehicle.

3.3.                                 The Driver and/or the Additional Driver agree that in the event of an early return of the Motor Vehicle, i.e. the return of the Motor Vehicle prior to the Return Date of the Vehicle within the last week of the Lease Agreement and 48 hours prior to the expiration of the Lease Period, the Company may, in its sole discretion, calculate a fee in the amount of 30% of the rent that it would have taken if the Motor Vehicle had been returned on the Return Date or to release the Driver and/or the Additional Driver from such obligation.

3.4.                                 The Driver and/or the Additional Driver agree that in the event of an early return of the Motor Vehicle, i.e. the return of the Motor Vehicle prior to the Return Date of the Vehicle within the last 48 hours prior to the expiration of the Lease Period, the Company may, in its sole discretion, calculate a fee of 50% of the rent that it would have taken if the Motor Vehicle had been returned on the Return Date of the Vehicle or release the Driver and/ or the Additional Driver of such obligation.

3.5.                                 The Service User, i.e. the Lessee and the Driver and/or the Additional Driver may reserve a motor vehicle in agreement with the Company and/or through the Company's website. In these cases, the Driver and/or the Additional Driver may pick up the motor vehicle on a day they designate, which the Company has confirmed as the Pick-up Date. In cases where the Service User, i.e. the Lessee and the Driver and/or the Additional Driver cancel such take-up of the vehicle within the last 10 days from the day designated as the Pick-up Date, they agree that the Company shall be entitled only to the costs incurred for the reservation of the vehicle in question if they canceled due to circumstances which they could not have avoided or eliminated and which,  If they had existed at the time of booking the vehicle, they would have been a justifiable reason not to reserve the vehicle. The Company issues an invoice for the expenses incurred.

3.6.                                 If the Service User, i.e. the Lessee and the Driver and/or the Additional Driver cancel a reservation, and the reason for this is not the circumstances of Clause 3.5 of these General Terms and Conditions, i.e. justified circumstances, the Company shall be entitled to 50% of the agreed price for the Lease Agreement regardless of when the reservation is cancelled, i.e. the period for which the motor vehicle would have been leased if the Service User, i.e. the Lessee and the Driver and/or the Additional Driver have not cancelled the reservation. For this fee, the Company issues an invoice.

 

4.      Maintenance of the motor vehicle

 

4.1.                                 For the entire duration of the Lease Agreement, i.e. from the Pick-up Date of the Vehicle to the Return Date of the Vehicle, the Driver and/or the Additional Driver undertake to take care of the Motor Vehicle, i.e.:

4.1.1.                    Monitor the oil level in the motor vehicle regularly;

4.1.2.                    Take care of the serviceability of every part of the motor vehicle, including, but not limited to: automatic transmission (if the vehicle is equipped with such a gearbox), brake lights, flashers, other parts that are and are not shown on the dashboard;

4.1.3.                    The water level in the car;

4.1.4.                    Proper operation of the car battery;

4.1.5.                    Proper tire pressure;

4.2.                                 The need for an oil change, as well as any other part of the motor vehicle, is subject to assessment by the Company. The Driver and/or the Additional Driver are obliged to notify the Company without delay of the need for any occupation of the motor vehicle. In exceptional cases in which the Driver and/or the Additional Driver must act urgently in order to ensure the serviceability of the motor vehicle, the costs arising from Clause 4 shall be recognized if the Driver and/or the Additional Driver attach a fiscal receipt or invoice.

5.      Defects

 

5.1.                                 Repairs or replacement of motor vehicle parts are carried out only in authorized services, with the prior written consent of the Company. The costs will be reimbursed by the Company if a fiscal invoice or invoice is attached to the same by the Driver and/or the Additional Driver.

5.2.                                 In case of replacement of parts of the motor vehicle, the Driver and/or the Additional Driver shall be obliged to attach the replaced parts to the Company upon return of the motor vehicle.

5.3.                                 In cases where the repair or replacement of the parts of the motor vehicle is made abroad, i.e. outside the borders of the Republic of North Macedonia, the Driver and/or the Additional Driver is obliged to certify the bill or invoice and report the replaced part upon crossing the border. In these cases, reimbursement of costs will be made at the Company's discretion if the repair or replacement is made without prior notice by the Driver and/or the Company's Additional Driver and/or in an unauthorized service.

5.4.                                 If, upon return of the motor vehicle, it is found that any part of the motor vehicle, equipment and accessories of the motor vehicle has been lost, the same shall be charged at the price list of one of the authorized services of the Company, at the choice of the Company.

 

6.      Documents and key

 

6.1.                                 All motor vehicles, owned or otherwise given to the use of the Company for the purposes of their rental, are equipped with all necessary Documents. At the choice of the Service User, i.e. the Lessee, i.e. the Driver and/or the Additional Driver, an appropriate additional payment can be made according to the current price list of the Company for the "green card" for the selected motor vehicle, if they travel with the motor vehicle outside the territory of the Republic of North Macedonia.

6.2.                                 The Motor Vehicle, subject to the Lease Agreement, shall be handed over to the Driver and/or the Additional Driver with a functional key(s).

 

7.      Passenger insurance

 

7.1.                                 With a surcharge in the amount determined by the applicable price list, the Driver and/or Additional Driver and passengers may be insured against bodily injury and death, according to the applicable insurance policy.

 

8.      Insurance of the motor vehicle

 

8.1.                                 All motor vehicles owned by the Company or otherwise given to the Company's use are insured against liability from damages by third parties. The insurance company covers the damage caused by the vehicles, up to the amount stipulated by law the amount insured on the day the damage occurred.

8.2.                                 In cases where the insurance does not cover the damage, the Lessee, i.e. the Driver and/or the Additional Driver are jointly and severally liable to compensate the Company for the damage, in accordance with the Law on Obligations of the Republic of North Macedonia.

9.       Accidents

 

9.1.                                 For any traffic accident or other type of accident that causes damage to the motor vehicle or for the duration of use of the motor vehicle, the Driver and/or the Additional Driver is obliged to notify the Company as well as the nearest police station without delay.

9.2.                                 In cases where the accident occurs with another motor vehicle, the Driver and/or the Additional Driver are required to fill in the police form and the registration plates of the other motor vehicle, the driver of such vehicle and the details of the insurance company of the other motor vehicle.

9.3.                                 The Driver and/or the Additional Driver undertake to cooperate with the Company in the investigation and eventual procedure in the event of an accident.

9.4.                                 In cases where the provisions of Clause 9 of these General Terms and Conditions are not complied with, as well as in cases where the accident is caused by the fault of the Driver and/or the Additional Driver, the Driver and/or the Additional Driver shall bear the costs arising from the accident, including, but not limited to,:

9.4.1.                    Motor Vehicle Repair Costs;

9.4.2.                    Costs of initiating proceedings;

9.4.3.                    Attorney's Fees;

9.4.4.                    Notary fees;

9.4.5.                    Court costs and court fees;

9.4.6.                    Other costs arising from the accident;

 

10.  Traffic Fines

 

10.1.                            For the entire duration of the Lease Agreement, the Driver and/or the Additional Driver shall be solely responsible for all traffic violations committed, as well as for damages that would occur to the Company in connection with such traffic violations.

10.2.                            For the entire duration of the Lease Agreement, the Driver and/or Additional Driver are solely responsible for parking fines.

10.3.                            For the entire duration of the Lease Agreement, the Driver and/or the Additional Driver shall also be liable for violations that are detected automatically, i.e. using special devices – cameras ("photo robots").

10.4.                            In the cases referred to in Clauses 10.1, 10.2 and 10.3 of these General Terms and Conditions, the Driver and/or the Additional Driver shall be obliged to notify the Company without delay, in writing, otherwise they shall be liable to the Company for the damage caused.

10.5.                            In cases in which the Company and the responsible person of the Company will be invoked to criminal liability for an offense committed as well as the initiation of proceedings for unpaid parking fines, due to the actions of the Driver and/or the Additional Driver under Clauses 10.1, 10.2 and 10.3 of these General Terms and Conditions and/or in a possible judgment where the Company and the responsible person of the Company are found guilty for such actions,  The Driver and/or the Additional Driver undertake to compensate the Company for any damages caused, including, but not limited to::

10.5.1.               Attorney's Fees;

10.5.2.               Court costs and court lump sums;

10.5.3.               The full amount of the damage caused in terms of a monetary fine to the Company and the responsible person of the Company;

10.5.4.               Full Amount of Debt in Enforcement Proceedings for Unpaid Parking Fines;

10.6.                            The Driver and/or the Additional Driver agree that in the cases referred to in Clause 10.5 of these General Terms and Conditions, the Company will prepare an invoice for the costs incurred and deliver it to the residential address of the Driver and/or the Additional Driver who are obliged to pay it jointly and severally within 8 days of receipt of the same.

 

11. Payment of Rents for Leased Motor Vehicles and Invoice

 

11.1.                            The Driver and/or the Additional Driver are obliged, on the date of entering into the Lease Agreement, to pay the full amount of the Deposit, if such amount is agreed upon by the agreement in question. The remainder, i.e. the total rent under the Lease Agreement reduced by the Deposit paid, the Driver and/or the Additional Driver shall be required to pay it in the manner specified in these General Terms and Conditions.

11.2.                            Upon termination of the Lease Agreement and return of the motor vehicle in question, the Company calculates the rent owed by the Driver and/or the Additional Driver, for which it prepares an appropriate financial document.

11.3.                            Payment of rents for the motor vehicle may be made by the Driver and/or Additional Driver in one of the following ways:

11.3.1.             Cash for which a fiscal bill is issued;

11.3.2.             With a payment card, for which a fiscal account is issued;

11.3.3.             Upon invoice, within 8 days from the date of receipt of the invoice;

11.4.                            In cases where the Driver and/or the Additional Driver has decided to make payment in accordance with Clause 11.3.3 of these General Terms and Conditions, and the invoice is not paid within 8 days of receipt of the same, the Company shall calculate statutory penalty interest on the amount up to the date of payment, as well as monetary compensation on behalf of financial discipline under the Financial Discipline Act,  and other costs and fees due to the Company under the applicable laws.

11.5.                            The amount of rents for the motor vehicle shall be calculated as the sum of the Price per day, for all days, i.e. the entire duration of the Lease Agreement for the motor vehicle.

11.6.                            The Driver and/or the Additional Driver agree to pay in addition to the rent the fees in accordance with Clauses 3.3, 3.5 and 6.3 of these General Terms and Conditions.

 

12.  Liability for damage caused

 

12.1.                            The Driver and/or the Additional Driver shall be liable for all damage to the motor vehicle, parts, accessories not recognized under the terms and conditions of the motor vehicle insurance and/or Casco insurance.

12.2.                            The Driver and/or the Additional Driver shall also be liable for damage to the motor vehicle, parts and accessories from improper use, as well as in the event of unauthorized replacement of parts or equipment or replacement of new parts with old parts and non-original parts.

12.3.                            The Driver and/or the Additional Driver undertakes to settle any damages found outside of the specified conditions upon receipt of an invoice by the Company.

12.4.                            The Driver and/or the Additional Driver shall be liable for the damages incurred in the cases referred to in Clauses 2.3, 2.9 and 2.11 of these General Terms and Conditions.

12.5.                            The Driver and/or the Additional Driver shall also be liable for any other type of damage determined by these General Terms and Conditions, the Law on Obligational Relations and the Positive Legal Regulations of the Republic of North Macedonia.

 

13.  Personal information

 

13.1.                            The Service User, i.e. the Lessee and the Driver and/or the Additional Driver, by concluding the Lease Agreement, agree that the Company will collect and process their personal data for the purpose of enforcing the provisions of the Lease Agreement, in accordance with the Personal Data Protection Act, bylaws and positive legal regulations.

13.2.                            The Service User, i.e. the Lessee and the Driver and/or the Additional Driver are familiar with and agree to all rights and obligations under the Personal Data Protection Act and bylaws, as well as with the information from the Privacy Policy of the Company in accordance with the Personal Data Protection Act, published on the Company's website.

13.3.                            In the event that the User of the Service, i.e. the Lessee and the Driver and/or the Additional Driver does not share the relevant personal data with the Company, the Company will not be able to provide its services, i.e. will not proceed to the conclusion of the Lease Agreement.

13.4.                            The Company collects and processes several categories of personal data about the User of the Service, i.e. the Lessee and the Driver and/or the Additional Driver, in relation to the services provided by the Company, and undertakes to collect and process only the necessary personal data for the purposes for which they are collected. The personal data processed by the Company is:

13.4.1.               Identity and contact information: name, surname, date of birth, residential address, unique registration number, ID number, passport and driver's license, telephone number, electronic mailbox ("e-mail"), gender, country of residence;

13.5.                            For the purposes of Clause 13.4 of these General Terms and Conditions, the Service User, i.e. the Lessee and the Driver and/or the Additional Driver agree that the Company shall make a photocopy of the relevant documents and keep them in accordance with the Personal Data Protection Act, by-laws, as well as positive legal regulations.

13.6.                            The Company stores personal data about the Service User, i.e. the Lessee and the Driver and/or the Additional Driver for the duration of the obligatory relationship, as well as after the termination of the obligatory relationship for the duration of the Company's legitimate interest in the storage of personal data.

13.7.                            For more information regarding the processing of personal data by the Company, please refer to the Company's Privacy Policy, which is published on the Company's website and available in the Company's business premises.

 

14.  Final Provisions

 

14.1.                    Force Majeure:

14.1.1.               The Company shall not be liable for the termination of its services or in the event of inability to perform the Lease Agreement, as well as the consequences of such cases, which are beyond the control of the Company, i.e. are the result of force majeure and circumstances that could not have been foreseen, prevented, eliminated or avoided by the Company;

14.1.2.               The Company shall not be liable due to inability to perform the works of these General Terms and Conditions in cases where there are objective obstacles to the performance of those works, and as such shall be considered all cases and actions that impede or disable communication between the Company and the Service User, i.e. the Lessee and the Driver and/or the Additional Driver, and in particular cases and activities that make it difficult or impossible for the Company to perform its obligations under the Lease Agreement, and these General Conditions, caused by force majeure, war, riots, acts of terrorism, strikes, pandemics and epidemics, earthquakes, floods, fires, storms, and all other cases and circumstances which cannot be attributed to the fault of the Company.

14.2.                    Governing Law and Dispute Resolution:

14.2.1.               These General Terms and Conditions and the Lease Agreement shall apply exclusively to the laws of the Republic of North Macedonia;

14.2.2.               The Parties agree that in the event of a dispute, the Basic Civil Court Skopje of competent jurisdiction in the Republic of North Macedonia shall have exclusive jurisdiction to resolve a dispute between the Parties relating to or arising out of these General Terms and Conditions and the Lease Agreement;

14.3.                    References and Governing Language:

14.3.1.               These General Terms and Conditions are drafted in both Macedonian and English. In the event of inconsistency between the two versions of these General Terms and Conditions, the Macedonian language version shall prevail.

14.4.                    Entry into force of the General Terms and Conditions:

14.4.1.               These General Terms and Conditions come into force and apply from 26.06.2024;

14.4.2.               On the effective date of these General Terms and Conditions, the application of any existing Company Terms and Conditions applicable to the Company's services subject to these General Terms and Conditions ceases to apply;

For the Company,

CEO Bilgin Abdul