Liability of the Parties
The car rental agreement defines the rights and obligations of both the Lessor and the Renter, as well as the procedures for compensation in the event of vehicle damage, loss, or breach of the rental terms.
The key provisions are outlined below. The complete terms are contained in the Rental Agreement and the General Rental Terms and Conditions, which form an integral part of the agreement.
Lessor’s Liability
The Lessor is responsible for providing the Renter with a vehicle that is:
in safe and roadworthy condition;
accompanied by all documents required for lawful operation;
equipped with any additional equipment specified in the rental agreement and in proper working order;
delivered in the condition stated in the Vehicle Handover Report.
If defects that existed before the rental period are discovered after the vehicle has been handed over and were not recorded in the Vehicle Handover Report, liability shall be determined in accordance with the Rental Agreement and applicable law.
Renter’s Liability
From the moment the Vehicle Handover Report is signed until the vehicle is returned, the Renter is responsible for the safekeeping of:
the vehicle;
the vehicle keys;
registration documents;
any additional equipment;
all property supplied with the vehicle.
The Renter must use the vehicle in accordance with the Rental Agreement, comply with all applicable traffic laws, and promptly notify the Lessor of any accident, damage, mechanical failure, or other incident involving the vehicle.
Deductible (Excess)
If the vehicle is damaged due to the Renter’s fault, shared fault in a traffic accident, or where the responsible party cannot be identified, the Renter’s liability may be limited to the deductible (excess) specified in the Rental Agreement.
In such cases:
if the repair cost is less than the deductible, the Renter pays the actual amount of the damage;
if the repair cost exceeds the deductible, the Renter pays only the deductible unless otherwise provided in the Rental Agreement;
if the vehicle is declared a total loss or is permanently lost, the amount payable shall be determined in accordance with the Rental Agreement and applicable law.
When Full Financial Liability Applies
The deductible limitation does not apply if the damage results from a breach of the Rental Agreement, including but not limited to the following situations:
driving under the influence of alcohol, drugs, or any other prohibited substances;
refusing to undergo legally required alcohol or drug testing;
leaving the scene of a road traffic accident;
allowing an unauthorized person to drive the vehicle;
using the vehicle in violation of the Rental Agreement, including off-road driving where prohibited;
taking the vehicle outside the Russian Federation without the Lessor’s prior written consent;
carrying out repairs or replacing parts without the Lessor’s prior approval;
failing to properly report or document an accident or other incident as required by law;
failing to provide documents required for insurance claims or investigation within the time limits established by the Rental Agreement;
intentional misconduct or gross negligence by the Renter where provided by applicable law.
Additional Costs
In addition to compensation for damage, the Renter may also be required to reimburse:
the cost of vehicle repairs;
the market value of the vehicle in the event of total loss or theft;
losses resulting from the vehicle being unavailable during repairs;
fines, fees, and any other charges provided for in the Rental Agreement and the General Rental Terms and Conditions.
Payment Deadline
All amounts relating to damage, penalties, or other outstanding charges must be paid within 15 calendar days, unless another period is specified by agreement between the parties.
Late payments are subject to a penalty of 1% of the outstanding amount for each day of delay. If necessary, unpaid amounts may be recovered through legal proceedings.
When the Renter Is Not Liable for Damage
The Renter may be fully or partially released from liability for damages in cases provided for by the Rental Agreement and applicable law, including where:
the accident or incident was properly documented in accordance with legal requirements;
the responsible party has been identified by the competent authorities;
the damage to the vehicle was not caused by the Renter.