(a) “Owner” – LOGISTICS EMOTION ANA IVANKOVIĆ SP, headquarters in address: Miše Stupara Street no. 4, 78000 Banja Luka, BiH, ID:4512801560003.
(b) “Renter” – a private or legal entity that or on whose behalf the vehicle is being rented. In the Vehicle rental Agreement, they are named “Renter” and they are responsible for compliance with all points of these General rental terms and conditions and the Vehicle rental Agreement.
(c) “Agreement” – an individual rental agreement that is signed when pick up the rental vehicle where the use of the vehicle is approved, the pickup and return of the vehicle are defined, coverage, equipment and services included in the rental price and the method of payment of the rental. The contract also contains information on the mileage status, amount of fuel, damages and possible defects on the rented vehicle as well as other rights and obligations that both parties to the contract fully accept with their signature. The condition of the vehicle at the time of issuance and the General rental terms and conditions are considered part of the Vehicle rental Agreement.
(d) “Driver/Additional driver”- natural person specified in the rental Agreement as a “User” who signs the rental Agreement and picks up the vehicle, responsible for compliance of all provisions of the rental Agreement.
(e) “User” – Renter, Driver and Additional Driver in the following text of the General rental terms and conditions are denoted by one word – User.
(f) “Vehicle” is subject of the rental Agreement and whose data are specified in the Agreement.
User’s signature of the Agreement confirms that they are taking the vehicle in working condition, suitable for the agreed use, with its own appropriate equipment and accompanying documentation. The Driver who is picking the vehicle and signing the Agreement on behalf of a legal entity must have authorizations for doing so and guarantees for and is liable to the Owner jointly with the legal entity for following and fulfilling all obligations from this Agreement.
User’s signature of the Agreement guarantees to the Owner to fulfill general conditions of minimal driving age motorized vehicles and having the necessary documents for operating a motorized vehicle, in accordance with positive regulations of Bosnia and Herzegovina all of which they need to present, in the original copy, to the Owner while a photocopy of those will be kept by the Owner as the addendum to the Agreement. Even after the termination of the Agreement, the User is considered responsible for any traffic violations committed during the duration of the Agreement.
Before picking up the rental vehicle, the User is obliged to pre-authorize their credit card for the amount determined by the Owner at their discretion, depending on the class of the vehicle, duration of the rental, coverages, etc.
By signing the Rental Agreement, the User authorizes the Owner to charge all amounts for daily rent according to the agreed rate, daily additions (purchased coverage, additional equipment and services), as well as incurred costs that are calculated, all according to the valid Price List, by debiting the User’s account. User Account is defined as a pre-authorized credit or debit card account or other agreed account. The Owner can charge the amounts which are to be paid by debiting the User’s account during or after the end of the rental period, when the existence of User’s obligations is determined, that is, the User can pay such costs in agreement with the Owner, which is the Owner’s free choice. If the User settles the costs by direct payment to the account of the Owner, they are obliged to do so within the specified due date of the invoice. In case of a delay, the User is obliged to pay the Owner the statutory default interest, as well as all additional actually incurred costs.
By signing the contract, the User declares that they are familiar with all the obligations listed below and that they accept them:
(a) that after the termination of the rental period, they will return the vehicle to the location and within the time period determined by the Agreement, in the condition, with the equipment and the amount of fuel with which they took picked it up, that is, even before the agreed period, at the request of the Owner;
(b) the request for extending the agreed rental period, as well as any other changes related to the renting, are requested from the Owner, in writing, at least before the end of the rental period itself, while otherwise the Owner is authorized to report the disappearance of the rented vehicle;
(c) that the vehicle will not be overloaded, used for driver training, transporting or towing other vehicles or trailers, for paid passenger transport, for racing, endurance tests, speed tests, for illegal activities;
(d) that the vehicle will only be used by the Driver or an Additional driver, for their own needs and in accordance with the purpose of the vehicle and that the vehicle will not be used by unauthorized users and third parties;
(e) that they will use the vehicle properly and treat the vehicle with the care of a good and conscientious owner;
(f) that when they leave the vehicle, they will always lock it with the windows closed and take the vehicle’s keys and documentation and always have them under their personal supervision;
(g) that they will drive only on public roads, without the influence of alcohol or drugs, following all traffic regulations;
(h) that they will regularly take care of the technical condition of the vehicle, i.e. regularly check the coolant, oil, other fluids, tire pressure and so on;
(i) when the vehicle instruments indicate so or if the User thinks that the vehicle requires servicing, they are obliged to notify the Owner in order to perform regular maintenance and take the vehicle to an authorized service workshop as well as to perform other service activities and repairs. In case of damage to the vehicle or damage to the vehicle due to non-compliance with the provisions of these General Terms and Conditions, the User is obliged to compensate for all such damage and possibly lost earnings due to the impossibility of performing their core business activities with a particular vehicle;
(j) that the vehicle will not transport nor will they permit the transport of more passengers or goods than the maximum number specified in the vehicle’s traffic permit and that they will not make any modifications to the vehicle;
(k) that the vehicle will not be driven outside the borders of Bosnia and Herzegovina, unless previously announced, for which the Owner may charge an additional fee in accordance with the Price List. In case of violation of cross-border and territorial restrictions on the use of the vehicle, all insurance for the User from point 8 of these Terms ceases to be valid;
(l) that they will bear all expenses related to the operation of the vehicle, fuel, tolls, bridge tolls, parking fees, traffic violation fines and other similar charges;
(m) Through this Agreement, the User gives the Owner the authority to, without prior notice, for the payment of all traffic violations and parking fines, as well as other fines determined by the law of the country in which the vehicle was driven, committed during the rental period, regardless of when they were established or due, plus possible handling costs, debit the credit or debit card listed in this Rental Agreement;
(n) that the Renter, a legal entity, exceptionally, with prior written notice and the consent of the Owner, may hand over the vehicle to its employee, in the role of a driver, who meets the prescribed conditions, and in that case, it is mandatory to familiarize them with these rental conditions and the Driver’s responsibilities, which in no way reduces the responsibility of that legal entity for compliance with these Terms and Conditions and the Rental Agreement.
In case of damage to the vehicle, lack of equipment or accessories, missing documentation, license plates or vehicle keys, the User shall compensate the damage according to the valid Price List. The user of the vehicle is responsible if there is any damage to the engine or drive mechanism of the vehicle (for example, due to a lack of oil, coolant and other fluids in the engine) as well as in cases of damage to the crankcase, damage to the clutch (the so-called burnt out clutch), damage to the vehicle’s undercarriage, loss/damage of documents and vehicle keys, loss/destruction of license plates, damage to the interior of the vehicle, burnt seats, improper fueling or other malfunctions caused by negligence of the User or Driver of the vehicle (for example, careless driving or driving off paved roads). In all the mentioned cases, the User of the vehicle is obliged to compensate the Owner for the full amount of vehicle repair costs, as well as the additional amount of the lost daily vehicle rental according to the valid Owner’s Price List for the duration of the repair, but not longer than 30 days, as well as for all other damages, such as are the costs of towing the vehicle or the reduced value of the vehicle. The User or the person to whom the User handed over the vehicle for use assumes the obligation to use the vehicle according to the manufacturer’s instructions as well as the use of diesel or unleaded fuel according to the manufacturer’s instructions. All damages resulting from non-observance of these instructions are not covered by insurance and are the responsibility of the User of the vehicle.
In cases of traffic accidents, damages, breakdowns, theft, driving malfunctions of the vehicle or other similar circumstances, the User is obliged to:
(1.) to safekeep and protect the vehicle from further deterioration and greater damage incurring, until the Owner takes possession of it;
(2.) to record names and addresses of participants and witnesses;
(3.) to call the competent police unit and give a statement of the event, except in case of driving malfunctions;
(4.) without delay give a statement about the event in the nearest office of the Owner.
The user of the vehicle is obliged to report any damage to the vehicle to the police; in the event that the User does not provide a police report, does not give a statement and does not provide a breathalyzer test of the driver, all compensation costs related to the damage or loss of the vehicle shall be borne by the User of the vehicle in full, including the lost profit in the amount of the daily rental due to the non-use of the vehicle for the duration of the repair, up to a maximum of 30 days, regardless of the User’s fault for the event and whether the User has accepted and paid for part of a collision damage waiver (CDW+) or super collision damage waiver (SCDW).
The owner will reimburse the User for any necessary costs for oil, lubricant, regular servicing and other necessary easy repairs and which arose during the rental period, except costs of washing the rented vehicle on the basis of a presented bill for the payment. For the reimbursement of the mentioned costs, the User must receive consent from an authorized person of the Owner; otherwise, the reimbursement will not be possible. The User is required hand over to the Owner a valid bill issued by the legal entity which performed the service and which is issued to LOGISTICS EMOTION ANA IVANKOVIĆ SP, with headquarters in address: Gorana Radulovića Bimbe Street no.9, 78000 Banja Luka, BiH, ID: 4512801560003, which is a prerequisite for payment of the reimbursement.
The risk and amount of obligatory damages fees the User can reduce by accepting certain coverage, provided that the damage was not caused by violating provisions of these Terms, the Rental Agreement and legal regulations, that is, willfully or through incorrect use of the vehicle.
** Reduction of liability for damages or theft with participation in damage (CDW/TP):** By accepting the User of the vehicle can reduce their own liability for the damage or theft and by the difference between the participation in damages (franchise) and full amount of damages.
** Coverage of passengers in the case of accidents (PAI):** Driver and passengers are insured only in case of death and disability up to the amount prescribed by the insurance company which insured all the Owner’s vehicles.
** Redemption of part of the responsibility for participation in damages (CDW+):** By accepting and paying the daily coverage, the User can limit their liability for damages to the vehicle.
**Tyre, Undercarriage and Glass Liability Buyout (WUG):** By accepting this allowance, coverage is contracted for destruction/damage to tires, rims or rim caps, destruction/damage to the vehicle’s undercarriage and vehicle windows.
** Redemption of total responsibility for participation in damages (SCDW):** By accepting and paying the daily coverage, the User can additionally limit their liability for damages to the vehicle. By paying SCDW coverage the following risks are not covered: destruction/damage tires, rim or rim caps, destruction/damage the vehicle’s undercarriage, vehicle interior (except if the interior was damaged in an accident), all glasses of the vehicle and all damage without a police report.
By signing the Rental Agreement, the User authorizes the Owner to charge the holder of the credit card, or by some other payment method, all costs of repairs, defects or loss, up to the amount of the franchise or the full amount of damages if they did not comply with these general rental terms as well as those that have been discovered after the vehicle has been returned, and the User has not informed the Owner about it in accordance with the vehicle return procedure. The insurance does not cover damage caused in risky areas or war zones as well as for the case that the rented vehicle was used outside the borders of Bosnia and Herzegovina, without the written consent of the Owner.
The User provides personal data voluntarily. The User’s personal data is required in the process of realizing the requested service. The Owner uses and processes personal data in accordance with the current regulations on the protection of personal data. Information on the processing of personal data, as well as on user rights, can be found in the Personal Data Protection Statement.
The Owner is not responsible for damage suffered by the User due to a delay in the delivery of the vehicle, as well as for damages that would occur to the User due to a breakdown of the vehicle during the rental period. The Owner has the right to terminate the Rental Agreement and immediately take possession of the vehicle if the User fails to act or fails to comply with any provision of these Terms or the Rental Agreement, or if the vehicle is damaged. Termination of the car rent under this provision does not affect the Owner’s other rights under these Terms and the Rental Agreement.
There are two identical copies of this Agreement, one of which is delivered to the User and the others is kept by the Owner. By signing on the last page of this Agreement the User accepts this Agreement and all its provisions and by accepting insurance coverage from Article 8 they also accept insurance conditions of the insurer for the types of insurance with which they were familiarized. Changes and supplements of this Agreement can be done only in written form and any oral arrangements are not valid.
In case of a dispute regarding this Agreement the competent court in the Court in Banja Luka.
