The company E-MINI LIVING IKE, hereinafter referred to as “the Company”, leases the vehicle indicated on the front of the contract (as well as any vehicle that may replace it) to the Lessee, based on the terms and conditions of this agreement and the SPECIAL TERMS OF USE which are an integral part of this agreement, all of which the Lessee fully accepts:
Delivery & Collection
The lessee received the vehicle, which he examined and found it to be to his complete satisfaction, suitable for the use and purpose for which he is renting it. The lessee is obliged, upon the expiry of the lease, to return the vehicle to the Company along with its equipment in the condition in which it was received, at the agreed time and place, otherwise the lease will be extended until the moment the Company has the vehicle in its possession, not necessarily excluding any further liability of the lessee for any damage to the Company for this reason. If the lessee wishes to extend the lease of the Car, he is obliged to notify the Company in writing at least twenty-four (24) hours before the expiration of the lease in order to receive the relevant written approval. At the end of the lease agreement, e-Mini living allows for a delayed return of the Car free of charge for up to thirty (30) minutes after the agreed time. Beyond the thirty (30) minute delay, the lessee will be charged the amount equivalent to one day’s rent, according to the agreed economic terms of the Company and the lessee. In any case, if the vehicle is not returned at the agreed time, or if in the judgment of the Company there is a risk of damage or loss, or a breach of the terms of this agreement, the Company shall have the right to to remove and take possession of the vehicle in her possession in any way and without the consent of the Tenant, but at his own expense.
Use – Lessee Obligations
The vehicle is allowed to be used only on paved roads by individuals who hold a legal and recognized driver’s license and are of the appropriate age, under the conditions specified in the SPECIAL TERMS OF USE. It is not allowed to be driven on off-road routes, test drives, or to follow or participate in speed races or motor sports. Subleasing the vehicle to third parties, transporting dangerous and flammable cargo, narcotics, and generally hazardous objects, as well as pushing or towing other vehicles, is not allowed. It is not allowed to be driven by a person under the influence of alcohol, hallucinogens, narcotics, barbiturates, or other substances, the transport of persons or goods for a fee, the illegal transport of domestic or foreign persons, the commission of illegal acts with the leased vehicle, the operation of the vehicle in violation of the provisions of the Traffic Code, customs, or other regulations. Also, crossing the Greek borders without the written consent of the Company is not allowed. In addition, it is not allowed to be driven by others, except for the Lessee and any additional driver, whose details must be registered in the lease agreement. The Tenant undertakes the obligation to take care of the vehicle, to take all necessary measures for its safe operation and storage, to ensure its theft prevention, to check the tires, etc., and to immediately inform the Company when a problem arises or when maintenance is required. Any repair of the vehicle by the Tenant or any third party is strictly prohibited without prior written approval from the Company. In case the vehicle is damaged or stolen due to failure to comply with the above terms, the Renter is not exempted even if they have accepted some of the optional covers. In case of an accident, the Renter is obliged to immediately notify the police, to communicate with the Company immediately by telephone or any other means, to record the names and addresses of eyewitnesses, as well as the name and address of the driver and the details of the vehicle with which the vehicle collided, to complete and sign an accident/theft declaration in the Company, not to acknowledge any third-party claims in any way, direct or indirect, and to deliver any documents or information related to the accident to the Company. In case of theft or loss of the vehicle, the Renter is obliged to report the incident in writing to the nearest police authority and to the Company no later than twelve (12) hours and to deliver the vehicle key to the Company within the said time period. In any case of accident or theft declaration, the Renter is additionally charged with a fixed amount of “Accident File Expenses (IAF)” which is non-refundable. In case of violation of the terms of this Article 2, the Renter and the additional drivers are solely responsible for any positive or negative damage to the Company as a whole, without excluding any other compensation, regardless of whether they have accepted any optional liability exemption coverage.
Rental Charges
The Tenant shall pay the total amount of rent to the Company at the beginning of the lease, as well as the specified amount of security deposit for the faithful performance of the terms of this Agreement. The Tenant may pay the entire rent in cash, provided that it does not exceed the amount of 500.00 euros, including VAT. Otherwise, the rent can only be paid with a credit/debit card. Specifically, the amount of the security deposit will be reserved only by the Tenant’s credit/debit card and will be fully refunded to the Tenant after the normal expiration of the lease, according to the SPECIAL TERMS OF USE. The Tenant shall be liable to the Company for any other amount that corresponds to any charges arising from the vehicle rental, as described below in this paragraph. The signature of the credit/debit card holder authorizes the Company to charge the Tenant’s card account with the total rent (except in cases where the Tenant has chosen to pay the full rent in cash), the security deposit, and any additional charges that may arise, both upon the expiration of the lease, following the settlement of these with the security deposit, and thereafter. This authorization remains in effect (i) applies to retroactive charges, such as charges for damages that were not visible at the end of the lease and relate to the misuse of the vehicle during it, (ii) for any towing or transportation expenses of the vehicle, (iii) for the charge related to “charging the car battery with electricity” in case it is not returned with the battery level above (10%) ten percent from the Lessee, as well as the “Charging Service Charge” (REC), (iv) for charges for any services and coverage from risks that the Lessee has decided to use, as described in Article 4 of this Agreement, (v) for charges from any taxes, fees, expenses, fees, legal fees, or other expenses related to the vehicle lease, with any monetary penalties, fines from traffic violations and illegal parking, judicial and other expenses that were or may be imposed on the Company due to violations during the use of the vehicle by the Lessee, with expenses for recovering possession and use of the vehicle from the Company, as well as overdue interest due to late payment of any outstanding amounts. Specifically, in the case of imposing a fine, the Lessee is obliged to pay the Company an additional amount to cover the Company’s administrative expenses which is provided in the SPECIAL TERMS OF USE under the title ‘Fine Folder Expenses (FAF). (vi) For charges related to any amount required for the repair of damage, including but not limited to the replacement of tires, wheels or rims, for the repair of broken glass, for the repair of damage to the underside of the vehicle, the roof, the antenna, the mirrors, or for damage during loading and unloading of the vehicle onto a ship. (vii) For charges related to the additional fee for returning the vehicle to a different location than the one specified, (viii) for charges related to the daily charge for an additional driver (ix) in the event of an accident or theft declaration, for a charge concerning the “file management expenses” under the title of the SPECIAL TERMS OF USE “Accident File Expenses” (IAF). The Lessee is not exempted from the above charges even if he/she has accepted any optional waiver of liability coverage.
Insurance / Optional Coverage
The rented vehicle is insured against Civil Liability (under the title “BCDW” of the Special Terms of Use) for third party damages up to the amounts defined by Greek Law, as well as for material damages caused by an uninsured vehicle and terrorist actions of fire and for own damages with coverage limited to damages up to €1,200. Additionally, the Renter has the option to add mixed insurance (under the title “SDW” of the Special Terms of Use) that includes damages to the rented vehicle as well as partial and total theft, with coverage limited to damages up to € 800 and by paying the corresponding daily charge. The Renter can further limit their liability for damages to the vehicle as well as for total or partial theft to a minimum charge of €400, by accepting at the start of the rental the optional coverage for damage waiver (under the title “FDW” of the Special Terms of Use) and paying the corresponding daily charge. If the Renter does not choose the above insurance/optional coverage (“SDW or FDW”), in case of theft or loss of the vehicle, they are obligated to pay the value of the vehicle. Similarly, the value of the vehicle is owed when, despite the choice of the above insurance/optional covers, the Renter had not taken all precautions to prevent the total theft or loss of the vehicle and did not use it according to the terms of this agreement. The above Insurance/Optional Covers do not exempt the Renter from the charges of article 3 of this agreement and if the vehicle was not used in accordance with the terms of article 2 of this agreement. The driver is not covered against bodily injuries beyond any coverage included in the Civil Liability Insurance. The Company provides coverage against driver’s bodily injuries resulting from an accident with the rented vehicle, provided that the Renter accepts the “Driver Cover” (under the title “PAC” of the Special Terms of Use) at the start of the lease and pays the corresponding daily charge for it. By signing this agreement, the Renter fully accepts the daily charges of the above optional covers (SDW, FDW, PAC) that he may have selected as they appear in the respective fields, as well as his corresponding financial obligation in the event of an incident. The above covers are subject to the general terms of the E mini living contract with its Insurance Company under the assumption of legal driving by its driver and in accordance with the conditions herein.
Personal Data
The Tenant’s personal data is kept electronically. The Company may securely transmit the above personal data to Authorities and Insurance organizations on a case-by-case basis, in accordance with the requirements of the law and within the framework of the General Data Protection Regulation (EU 2016/679 – 27/4/2016). More information on the Personal Data Policy followed by the company is provided on the company’s website at the link: www.e-miniliving.com.
Other Terms
The above terms apply even if the originally leased vehicle is replaced, or if the lease is extended, while any modification of the terms of this agreement is void unless agreed upon in writing. The Company has the right to terminate this agreement in case of breach of the terms by the Lessee and to immediately repossess the vehicle. In this case, the Lessee is obliged to inform the Company of the exact location of the vehicle. During the lease, all additional drivers are jointly and severally liable with the Lessee. Similarly, if a representative signs this lease, they will be jointly and severally liable with the represented party. All charges are subject to final review. It is the responsibility of the customer to request any refund or final charge for battery charging, ONLY at the time of returning the vehicle. Refunds or other differences concerning battery charging fees are not accepted after the customer has left the premises.
Liability Exeption
The lessor is solely responsible in cases of fraud or gross negligence. In all other cases (including slight negligence, fortuitous events or force majeure), the lessor shall not bear any liability whatsoever, and no claim can be brought against her. Additionally, the lessor shall not be held responsible for the loss of items transported in the car or left in it after delivery to the lessor. In the event of reserving a specific type of vehicle for future use, if the company is unable to deliver the specific type of vehicle at the agreed-upon time, it may deliver another type of vehicle of the same category, exempting itself from any liability for any positive or negative damages or further compensation for this reason.
Jurisdiction
This agreement is governed by Greek law and any dispute arising between the Company and the Renter from this agreement shall be subject to the exclusive jurisdiction of the courts of Athens.