Terms of Rental

1. In the following text, the term “Company” means Kosmocar SA, and the term “Customer” means the hirer of the car. The word “Vehicle” refers to the rented car.

2. At Vehicle collection the Rental Contract (RC) is given to the hirer, which he is asked to check and sign.

3. During the collection of the Vehicle the Customer is asked to confirm that the Vehicle is in good condition.

4. The Company agrees to let and the Customer agrees to rent the Vehicle, accepting the terms and conditions set by the Company, as indicated herein. The Customer is renting a Vehicle of a specific brand and model.

5. The Customer agrees to pay to the Company all additional charges that may arise, as for example an extra fee for exceeding the mileage limit, VAT and other taxes.

6. The Customer must be in possession of a credit card, on which the Company has the right to place a security hold amounting to €1,500-3,000 depending on the type of the rented Vehicle.

7. All vehicles rented by the Company are covered by a full insurance with an excess deductible amount (€1,500) for damage caused to the Vehicle whilst it is in the care of the Customer.

8. The Company sets as the basic requirement for a rental the presentation of a valid driver s license that has been issued at least two years prior to the rental date, and reserves the right to check the validity of the license. The Customer and/or any authorized driver must be at least 25 or 30 years old, depending on the type of the Vehicle.

9. Under no circumstances does the car s insurance cover any damages caused to the Vehicle due to misuse. Under no circumstances will the Company assume responsibility for loss or damage caused to the Vehicle due to the Customer not complying with the terms and conditions of rental. In any of the above cases, the Customer agrees to indemnify the Company for any damage that he has caused.

10. Full insurance with an excess deductible amount of €1,500 for damage caused to the Vehicle whilst in the care of the Customer is included in the daily rent for the Vehicle. In the case of an accident, the Customer is obliged to provide the Company with full details of other cars and drivers that may be involved, as well as any further assistance that may be required.

11. Based on the above, the Customer recognizes his obligation to ensure the basic care and due diligence required to prevent damage or loss of the Vehicle during the rental period.

12. The Customer accepts responsibility for any damage or loss that may occur due to deliberate action or negligence. This includes, but is not limited to, the loss of or damage to the Vehicle or its appendages and accessories as a result of theft caused by the Customer or any other person authorized by the Customer, leaving the keys inside or on the Vehicle. In this case, the Customer is obliged to indemnify the Company.

13. The Customer is required to ensure that (a) the number of persons aboard the Vehicle does not exceed the permitted number of passengers, (b) the Vehicle is not taken across the Greek borders without the written consent of the Company and (c) that the Vehicle will not be loaded onto any other means of transportation.

14. The Customer must return the Vehicle on the agreed date and time, in the same condition in which it was received. This includes the condition of the tires, tools, sound system and all accessories of the Vehicle. Should special cleaning be required for any reason, the Company will charge the Customer separately in order to cover the cost of cleaning or any remedial work required.

15. The Company is obliged to provide the Customer with a Vehicle that is in good working condition and operates satisfactorily throughout the rental period. If the Vehicle is damaged during the rental period for reasons solely attributed to the Company s negligence or to a latent defect in the Vehicle, the Company assumes responsibility to rectify the problem caused to the Customer. Thus, the Company will, within a reasonable amount of time from the moment it is informed of the damage (a) send a technician to diagnose the fault and repair the Vehicle so that it will be restored to satisfactory operating order for the remainder of the rental period and (b) if the Vehicle cannot be repaired, provide the Customer with a replacement car for the remainder of the rental period, if possible.

16. Should the Customer discover a malfunction of the Vehicle due to any reason, he is required to immediately inform the Company, and must refrain from using the Vehicle if its condition is not absolutely reliable.

17. The Vehicle is rented at the agreed daily charge based on the Company s price list. One day is defined as the period of 24 hours after the commencement of the rental. A grace period of one hour is granted to the Customer on the return of the Vehicle upon expiry of the day. After this time, the customer will be charged the cost of one additional day.

18. In case of cancellation of the rental, no charge is imposed, provided that the cancellation is made 48 hours prior to the scheduled start of the rental. Otherwise, the Customer will be charged 50% of the total rental price.

19. Should the Customer need the Vehicle for a period longer than the agreed, he is obliged to inform the Company at least 24 hours prior to the expiry of the rental period. Should he fail to inform about his request in a timely manner, the right to use the Vehicle may be terminated by decision of the Company, and in this case the Customer shall be liable to pay compensation in case of loss of or damage to the Vehicle. The Company reserves the right, if said notification is not made, to use every lawful means for the return of the Vehicle.

20. If the rental period exceeds 14 days, the Customer is obliged to inform the Company of the Vehicle s mileage. The Company reserves the right to replace the Vehicle with another.

21. Should the mileage exceed the specified limit, the Customer is charged with €3 per additional kilometer.

22. Each collection and drop-off of a Vehicle takes place only at the predetermined collection / delivery point of the Company, from 10:00 to 17:00.

23. All Vehicles will be provided to the Customers with a full fuel tank. The Customer will either return the Vehicle with a full fuel tank, or will be charged with the cost of the missing fuel at a price of €2/liter(*), as well as with an extra fee of €10.00 for the refueling itself.
(*) Indicative charge that depends on the current average fuel price

24. The Customer is personally liable for any fine that is incurred by a violation of the traffic regulations and laws related to the driver, front passenger, passengers and Vehicle.

25. If the Vehicle is seized by Customs or other Authorities, the Customer will be charged for any fine, damage or loss of income arising in the period that the Company cannot rent out the Vehicle.

26. The Vehicle shall not be used for any of the following purposes:

(a) transport of passengers or goods for hire or reward,
(b) participating in rallies, races, reliability trials or speed contests or other related activities, driving lessons, etc. and
(c) in violation of legislation, rules and restrictions governing the use of the Vehicle, or for any unlawful purpose.

27. The Vehicle shall not be driven by a person:

(a) younger than the age defined each time by the Company and disclosed to the Customer at renting,
(b) not holding a valid driver s license that has been valid for at least 2 years,
(c) under the influence of alcohol, hallucinogenic drugs, narcotics or other substances, and
(d) whose license is subject to restrictions due to disability or any other problem.

28. The Customer acknowledges that any object placed inside the car remains there at his/her own risk and the Company bears no responsibility whatsoever for this object.

29. The Customer, upon the request of the Company, is required to take all necessary actions on behalf of the Company or/and its insurance company and allow his/her name to be used by the Company in order for it to exercise any legal rights against Third Parties, related to the Vehicle.

30. The Company reserves the right to terminate the rental of the vehicle if the Customer is violating the terms and conditions of the rental agreement. In this case, the Company may give the Customer s data to the respective Authorities, the Police or other relevant Agencies.

31. The Customer recognizes that the Company has the right to charge the credit card that the Customer produced at renting, for costs incurred under the Agreement.

32. The Vehicle is checked upon its return. At first, potential damage is determined through visual inspection of the body, the interior, tools and accessories of the Vehicle. When damage is found in mechanical parts or the floor of the car, then a detailed technical inspection is required
.
33. The Customer is held responsible for any damage to the Vehicle detected upon completion of the check, even if the damage resulted at a later stage, as the result of an action of the Customer.

34. Any damage to the Vehicle upon its return by the Customer can be either a new damage or attributed to wear and tear. The following are not considered normal wear and tear and the Customer is charged accordingly

• Body: Any hole, bump, tear, abrasion, scratch, dent and scrape causing any damage to the paint.
• Glazing: Any damage to any window pane of the Vehicle.
• Lighting fixtures: Any hole, bump, abrasion or scratch.
• Tires: Any tear, perforation, repair, visible deformation or excessive wear, disproportional to the mileage of the rental.
• Wheels (Rims): Any bump or bending that deforms the wheel or renders it unsuitable for driving.
• Interior: Any burn, tear, perforation, stain or strong smell.
• Floor: Any fracture or other structural damage to the exhaust or any other part of the floor.
• Accessories and equipment: Any item that is missing or damaged.
• The Customer is also liable for any damage arising due to unauthorized repair, subsequent to the above.

35. The Customer is liable for any damage caused to the Vehicle during rental. If the rental terms have been adhered to, the Customer s contribution to the compensation of the damage can amount up to the sum of €1,500, provided of course that the damage falls within the insurance coverage. This sum is payable immediately, at the end of the rental, or earlier if so requested by the Company.

36. When the Vehicle damage and all related costs have been recorded, the Customer will be informed, in writing, about the repair, transportation and storage costs, the compensation of Third Parties, any other potential charges, as well as of any administration costs. In the case that an excess amount of money should remain after all financial obligations have been settled and all car repairs completed, it will be refunded to the Customer.

37. In the event that a Third Party is liable for the damage, the Company will pursue coverage of costs by the Third Party, provided that this is commercially feasible, at the Company s discretion.

38. All repairs are performed only by authorized repair shops for that particular brand. Repairs on the vehicle are performed in a manner that ensures the lowest possible cost and the shortest possible time, provided of course that the necessary spare parts are available, that the workload allows for this, and under the premise of course that the Vehicle will be reliable after the repair.

39. In case of disagreement between the Customer and the Company regarding culpability, repair cost or other matters relating to damage to a Vehicle, the dispute resolution process followed by the Company does not affect the statutory rights of the Customer.

40. All terms of this contract are deemed essential. The breach of any obligation by the Customer gives the Company the right, to immediately terminate this contract. Upon termination of the present contract by the Company, any and all debt owed by the Customer under the terminated contract up to the termination date, shall be automatically and in its own right (ipso facto) rendered overdue and payable. The Company is in any case entitled to require, in addition to the above amounts, the total restitution of any further positive or negative loss it may have suffered.

41. In case the Customer proceeds to a unilateral termination of the present rental agreement before the expiry of the agreed term thereof, he is obliged to fulfill all his obligations hereunder, as well as immediately return the Vehicle to the Company.

42. In the event of termination of this contract due to breach of the terms of contract by the Customer, in case of expiry of the agreed return time, the Company reserves the right to remove the rented Vehicle, wherever it may be located, under an irrevocable power of attorney of the Customer to the Company, which will be given solely in the interest of the Company.

43. It is expressly agreed herein that copies of the accounts maintained by the Company in order to service this contract, as well as extracts of the trading ledgers of the Company reflecting the transactions related to this contract, constitute full proof of the Company s claims against the Customer and documents that may be used for the issue of a payment order. It is agreed that the copies or extracts will either be exported as photocopies, or will be depicted via electronic data processing by reproduction of the Company s computer data, or in any other way the Company may use it in its transactions, and the Customer is waiving any right to challenge these.

44. Modification of any term of the present contract is allowed only by written agreement of the contracting parties.

45. Failure to exercise or any delay in exercising the Company s rights under this contract does not constitute nor can be considered a waiver thereof.

46. Any dispute arising hereunder, including disputes concerning its interpretation, validity or enforcement, is subject to the exclusive jurisdiction of the Courts of Athens or/and Piraeus.