Bus rental agreement between individuals
Bus rental agreement
Agreement conditions
The contents of a bus rental agreement may vary depending on the terms on which it is leased - with or without a crew, but in general it includes standard conditions, namely:
- the subject of the agreement, that is, the set of legal relations arising between the lessee and the lessor regarding a specific vehicle that has its own unique characteristics;
- contract time. When discussing the period during which the tenant will use the bus, it should be remembered that any lease agreement concluded for a period of more than a year is subject to registration;
- contract price, that is, the amount that the tenant will pay to the lessor for using the bus. As a rule, a monthly fee is established;
- payment method. The method of payment means the transfer of rent itself - in cash or by transfer to a bank account;
- frequency of payment – once a month, once a year, on the terms of full prepayment, etc.;
- information about the rental method - with or without a crew. If renting with a crew, responsibility for the technical condition of the bus falls on the lessor. Accordingly, when renting without a crew, all responsibility for the proper management and maintenance of the technical condition of the bus will be on the lessee;
- obligations and rights of parties to the agreement;
- liability of counterparties;
- conditions for terminating the lease agreement.
Counterparties
The parties to the bus rental agreement are the lessor and the lessee. The law does not establish any criteria for the status of the parties, that is, they can be both individuals and legal entities.
Individuals will be entitled to enter into a bus rental agreement, subject to their legal capacity and capacity. Legal entities must be registered as a legal entity to enter into an agreement.
The lessor, under the agreement, must have the right to dispose of the bus either by virtue of ownership of the leased item, or by virtue of having a power of attorney from the owner, or by virtue of the right of sublease delegated to him by the contract.
Preparation of contract
The structure of the bus rental agreement generally corresponds to the above rental conditions. Thus, the agreement will include the following structural blocks:
- “header”, that is, information about the place where the agreement was concluded, the date of its conclusion and the parties to the agreement;
- subject of the contract. This paragraph should describe the identifying features of the bus - its make, year of manufacture, color, main license plate units, registration number. For example, “Under this agreement, the lessor leases to the lessee a bus of brand ____, year of manufacture _____, blue, engine number _____, body number _____, registration number ______, registration number ______, owned by him as personal property, and the lessee accepts the bus for rent on the terms and conditions provided for in this agreement";
- contract price. This block indicates the amount of rent, conditions and method of payment;
- the term of the contract, that is, the time period during which the lease agreement will be valid. The same block indicates ways to extend the contract - automatically upon expiration or without the right of automatic extension;
- landlord's responsibilities. This block should specify the obligations assumed by the lessor. First of all, he is obliged to hand over the bus to the lessee after signing the contract. It also indicates the terms of the lease with or without a crew, and, consequently, the responsibilities of the lessee (or the absence of such responsibilities) regarding measures to maintain the proper technical condition of the bus;
- tenant's responsibilities. There are usually much more of them than the responsibilities of the lessor - timely payment of rent, caring for the bus, insurance of the bus, using it for its intended purpose (for example, only for transporting passengers), undergoing maintenance, the obligation to return it in good condition, taking into account natural wear and tear, etc. .;
- intended use of the bus. This block may stipulate the tenant’s obligation to use the bus only for certain purposes - to transport tourists, carry out intercity transportation, transport children to school, etc.;
- requirements for driving a bus. When renting without a crew, the lessor has the right to stipulate that only a driver with 15 years or other experience of driving buses can drive the car. In the same block, notifications are made by driver category, which depends on the capacity of the bus;
- conditions for early termination of the contract;
- liability of counterparties for failure to fulfill contractual terms;
- method of resolving disputes;
- details of the parties to the agreement and their signatures.
The agreement is drawn up in two copies having equal legal force, one for each of the counterparties.
Attachment to agreement
Above, we reported that the main characteristics of the rented bus are included in the text of the contract. However, this information will not be enough to describe the technical condition of the bus.
To record information about the appearance, defects, and technical condition, there is such a document as the acceptance certificate of the leased property. It is in this document that information about the functionality of the bus, existing dents and rust on the body, etc. is entered.
You should be very careful when drawing up the act, since the bus will need to be returned to the lessor upon termination of the lease agreement. And there is always a chance that the fault for a scratch on the body or a torn passenger seat will be placed on the lessee, although the damage is actually the responsibility of the lessor. A detailed act of acceptance and transfer is a guarantee that such misunderstandings will not arise.
The transfer and acceptance certificate is also drawn up in two copies, one for each party to the contract.
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Bus rental agreement for the purpose of using it as a company vehicle
LEASE CONTRACT
1. THE SUBJECT OF THE AGREEMENT
1.1. The Lessor provides, and the Lessee accepts for temporary use, a motor vehicle (hereinafter referred to as the “bus”) with passenger seats, state number plate, for the purpose of using it as a service vehicle (hereinafter referred to as the Services).
1.2. The provision by the Contractor of Services of appropriate quality is confirmed by the Acceptance Certificate of the Services provided, which is signed by authorized representatives of the Parties.
1.3. The period for provision of Services by the Contractor is the period from " " 2019 to " " 2019.
1.4. The documents listed below and the conditions specified in them form the Agreement and are considered an integral part of it, namely:
- genuine contract;
- sample Acceptance Certificate for Services Rendered (Appendix No. 1 to the Agreement);
- reporting table on the share of Kazakhstani content of the Services (Appendix No. 2 to the Agreement).
1.5. All costs for maintenance and repair of the bus are borne by the Lessor, except for cases where damage or malfunction of the bus was caused by the Lessee.
1.6. Bus operating hours: .
2. SIZE OF RENT AND PAYMENT PROCEDURE
2.1. The amount payable monthly by the Tenant is rubles.
2.2. The specified fee is paid by the Tenant before the date of the month following the reporting month to the Lessor's bank account on the basis of a signed Acceptance Certificate for completed work and an invoice.
2.3. The rent amount remains unchanged for the entire duration of the Agreement.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
In addition to the obligations and rights contained in other sections of the Agreement, the Parties have the following obligations and rights:
3.1. The lessor is obliged:
3.1.1. Make every reasonable effort to provide the Services in a timely and high-quality manner.
3.1.2. Provide Services of appropriate quality in compliance with the deadlines specified in Appendix No. 1 to this Agreement.
3.1.1. Monitor the technical condition of the bus and ensure its good condition.
3.1.2. During the repair of the bus, first provide the Lessee with a full-fledged similar bus.
3.1.3. In the event of a planned repair of the bus, notify the Tenant about this no later than business days, with the subsequent replacement of the bus no later than a business day from the date of delivery of the bus to be repaired.
3.1.4. Independently bear the costs of paying taxes and other obligatory payments provided for by the tax legislation of the Russian Federation.
3.1.5. Provide transport insurance and civil liability of the carrier to passengers at its own expense.
3.1.4. During the entire term of the Agreement, maintain the proper condition of the bus, including carrying out routine and major repairs and providing the necessary accessories, and bear responsibility to third parties as the owner of the vehicle, unless this is related to the actions of the Lessee’s representatives.
3.1.5. Provide the Customer with a Certificate of Acceptance and Delivery of Services Rendered on a monthly basis for signing.
3.2. The tenant is obliged:
3.2.1. Accept and use the bus in strict accordance with its purpose and purposes specified in clause 1.1. actual agreement.
3.3. The lessor has the right:
3.3.1. As necessary, check the condition of the leased bus, having agreed on the appropriate time with the Lessee.
3.4. The tenant has the right:
3.4.1. Refrain from paying under the Agreement if the Lessor fails to fulfill its obligations or violates the Tenant’s rights under this Agreement until such violation is eliminated.
4. RESPONSIBILITY OF THE PARTIES
4.1. The parties bear property liability for non-fulfillment or improper fulfillment of the terms of the Agreement in accordance with the legislation of the Russian Federation.
4.2. In case of delay in payment of rent in excess, the Lessor has the right to terminate the Agreement and demand compensation for losses caused by this delay.
4.3. In case of poor-quality provision of Services or failure by the Lessor to comply with the terms established by the Agreement, the Contractor shall pay the Tenant a fine in the amount of % of the Total cost of the Services.
5. FORCE MAJEURE
5.1. Neither Party shall be liable to the other Party for failure to fulfill obligations under this Agreement due to circumstances that arose against the will and desire of the Parties and which cannot be foreseen or avoided, including declared or actual war, civil unrest, epidemics, blockade, embargo, earthquakes , floods, fires and other natural disasters, as well as decisions of competent authorities that impede the fulfillment of the terms of this Agreement.
6. APPLICABLE LAW AND DISPUTE RESOLUTION PROCEDURE
6.1. The validity, interpretation and execution of the Agreement are governed by the legislation of the Russian Federation.
6.2. All disputes and disagreements that may arise between the Parties in connection with the fulfillment of obligations under the Agreement are resolved through negotiations. If no agreement is reached, any disputes arising from or in connection with the Agreement shall be resolved in court in accordance with the legislation of the Russian Federation.
7. VALIDITY AND PROCEDURE FOR TERMINATION OF THE AGREEMENT
7.1. The Agreement comes into force on the day it is signed by the Parties and is valid until “ ” 2019, or until it is terminated in accordance with clause 7.2. Agreement.
7.2. The Agreement may be terminated early at the initiative of any Party. In this case, the Party initiating early termination of the Agreement must notify the other Party of its intentions calendar days in advance.
7.3. The Agreement remains in force, including in case of early termination, until the Parties fully fulfill their financial obligations.
8. FINAL PROVISIONS
8.1. This Agreement comes into force in 2019 and is valid until 2019.
8.2. All changes and additions made to this Agreement are formalized by concluding an additional agreement signed by authorized representatives of the Parties and sealed by the Parties.
8.3. The Agreement is drawn up in two copies having equal legal force, one for each of the Parties.
8.4. Neither Party has the right to orally, in writing or otherwise disclose to anyone the terms and conditions of this Agreement, as well as any information received during the implementation of this Agreement without the consent of the other Party received in writing, except as otherwise provided current legislation of the Russian Federation.
8.5. All notices and communications sent in accordance with this Agreement must be made in writing. They will be deemed to have been duly sent if sent by registered mail, fax, telegraph or hand delivered. The date of dispatch of the notice or message, the stamp of the postal department that sent the letter or telegram, or the date of personal delivery of the notice or message to the other Party. Receipt of notification by fax must be confirmed by telephone message. The notice takes effect from the moment it is received.
Bus rental agreement
Document type: Vehicle rental agreement
To save a sample of this document to your computer, follow the download link.
Document file size: 16.2 kb
First of all, in this bus rental agreement for use for official transportation, the details of the parties entering into the transaction are written down.
Content
This is followed by the following data:
- state number of the vehicle;
- number of seats for passengers;
- the period for which the bus is expected to be used for official transportation;
- the mode according to which the bus will operate;
Below is the exact amount that the tenant must pay for the use of the property. Then a number of obligations and rights available to the parties are specified. It is stipulated that the lessee must be notified of scheduled vehicle repairs a certain number of days in advance.
Both parties to the transaction are responsible:
- when the tenant’s late payments exceed the established period, the contract may be terminated;
- If the landlord does not provide the services specified in the contract with high quality, he will be subject to a fine.
The transaction can be terminated by either party, but the other party to the contract must be notified.
Below are the dates when the contract begins and when it expires.
The last stage is filling out the fields that contain all the necessary data of the parties to the agreement and their signatures.
Bus rental agreement form
Sample bus rental agreement (completed form)
Download Bus rental agreement
Bus RENTAL AGREEMENT No.
1. THE SUBJECT OF THE AGREEMENT
1.1. The Lessor provides, and the Lessee accepts for temporary use, a motor vehicle (hereinafter referred to as the “bus”) with passenger seats, state number plate, for the purpose of using it as a service vehicle (hereinafter referred to as the Services).
1.2. The provision by the Contractor of Services of appropriate quality is confirmed by the Acceptance Certificate of the Services provided, which is signed by authorized representatives of the Parties.
1.3. The period for provision of Services by the Contractor is the period from “ ” year to “ ” year.
1.4. The documents listed below and the conditions specified in them form the Agreement and are considered an integral part of it, namely:
- genuine contract;
- sample Acceptance Certificate for Services Rendered (Appendix No. 1 to the Agreement);
- reporting table on the share of Kazakhstani content of the Services (Appendix No. 2 to the Agreement).
1.5. All costs for maintenance and repair of the bus are borne by the Lessor, except for cases where damage or malfunction of the bus was caused by the Lessee.
1.6. Bus operating hours: .
2. SIZE OF RENT AND PAYMENT PROCEDURE
2.1. The amount payable monthly by the Tenant is rubles.
2.2. The specified fee is paid by the Tenant before the date of the month following the reporting month to the Lessor's bank account on the basis of a signed Acceptance Certificate for completed work and an invoice.
2.3. The rent amount remains unchanged for the entire duration of the Agreement.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
In addition to the obligations and rights contained in other sections of the Agreement, the Parties have the following obligations and rights:
3.1. The lessor is obliged:
3.1.1. Make every reasonable effort to provide the Services in a timely and high-quality manner.
3.1.2. Provide Services of appropriate quality in compliance with the deadlines specified in Appendix No. 1 to this Agreement.
3.1.1. Monitor the technical condition of the bus and ensure its good condition.
3.1.2. During the repair of the bus, first provide the Lessee with a full-fledged similar bus.
3.1.3. In case of scheduled repair of the bus, notify the Tenant about this no later than business days, with subsequent replacement of the bus no later than business days from the date of delivery of the bus to be repaired.
3.1.4. Independently bear the costs of paying taxes and other obligatory payments provided for by the tax legislation of the Russian Federation.
3.1.5. Provide transport insurance and civil liability of the carrier to passengers at its own expense.
3.1.4. During the entire term of the Agreement, maintain the proper condition of the bus, including carrying out routine and major repairs and providing the necessary accessories, and bear responsibility to third parties as the owner of the vehicle, unless this is related to the actions of the Lessee’s representatives.
3.1.5. Provide the Customer with a Certificate of Acceptance and Delivery of Services Rendered on a monthly basis for signing.
3.2. The tenant is obliged:
3.2.1. Accept and use the bus in strict accordance with its purpose and purposes specified in clause 1.1. actual agreement.
3.3. The lessor has the right:
3.3.1. As necessary, check the condition of the leased bus, having agreed on the appropriate time with the Lessee.
3.4. The tenant has the right:
3.4.1. Refrain from paying under the Agreement if the Lessor fails to fulfill its obligations or violates the Tenant’s rights under this Agreement until such violation is eliminated.
4. RESPONSIBILITY OF THE PARTIES
4.1. The parties bear property liability for non-fulfillment or improper fulfillment of the terms of the Agreement in accordance with the legislation of the Russian Federation.
4.2. In case of delay in payment of rent in excess, the Lessor has the right to terminate the Agreement and demand compensation for losses caused by this delay.
4.3. In case of poor-quality provision of Services or failure by the Lessor to comply with the terms established by the Agreement, the Contractor shall pay the Tenant a fine in the amount of % of the Total cost of the Services.
5. FORCE MAJEURE
5.1. Neither Party shall be liable to the other Party for failure to fulfill obligations under this Agreement due to circumstances that arose against the will and desire of the Parties and which cannot be foreseen or avoided, including declared or actual war, civil unrest, epidemics, blockade, embargo, earthquakes , floods, fires and other natural disasters, as well as decisions of competent authorities that impede the fulfillment of the terms of this Agreement.
6. APPLICABLE LAW AND DISPUTE RESOLUTION PROCEDURE
6.1. The validity, interpretation and execution of the Agreement are governed by the legislation of the Russian Federation.
6.2. All disputes and disagreements that may arise between the Parties in connection with the fulfillment of obligations under the Agreement are resolved through negotiations. If no agreement is reached, any disputes arising from or in connection with the Agreement shall be resolved in court in accordance with the legislation of the Russian Federation.
7. VALIDITY AND PROCEDURE FOR TERMINATION OF THE AGREEMENT
7.1. The Agreement comes into force on the day it is signed by the Parties and is valid until the year, or until it is terminated in accordance with clause 7.2. Agreement.
7.2. The Agreement may be terminated early at the initiative of any Party. In this case, the Party initiating early termination of the Agreement must notify the other Party of its intentions calendar days in advance.
7.3. The Agreement remains in force, including in case of early termination, until the Parties fully fulfill their financial obligations.
8. FINAL PROVISIONS
8.1. All changes and additions made to this Agreement are formalized by concluding an additional agreement signed by authorized representatives of the Parties and sealed by the Parties.
8.2. The Agreement is drawn up in two copies having equal legal force, one for each of the Parties.
8.3. Neither Party has the right to orally, in writing or otherwise disclose to anyone the terms and conditions of this Agreement, as well as any information received during the implementation of this Agreement without the consent of the other Party received in writing, except as otherwise provided current legislation of the Russian Federation.
8.4. All notices and communications sent in accordance with this Agreement must be made in writing. They will be deemed to have been duly sent if sent by registered mail, fax, telegraph or hand delivered. The date of dispatch of the notice or message, the stamp of the postal department that sent the letter or telegram, or the date of personal delivery of the notice or message to the other Party. Receipt of notification by fax must be confirmed by telephone message. The notice takes effect from the moment it is received.
Standard contract
AGREEMENT No. ____
Moscow "___" ________ 2014
________________________ hereinafter referred to as the “Executor”, represented by gen. director ___________________________, acting on the basis of the Charter, on the one hand, and ___________________________, hereinafter referred to as the “Customer”, represented by the general. the directors of __________________________, acting on the basis of the Charter, on the other hand, have entered into this Agreement as follows:
Subject of the Agreement.
According to this Agreement, the Contractor provides the Customer with _____________________________________________________, hereinafter referred to as “Transport,” for the transportation of passengers, hereinafter referred to as “Passengers,” along the routes specified in Appendix No. 1 to this Agreement, which is an integral part thereof.
The Contractor provides the Customer with its own services for Transport management and its technical operation.
Procedure for provision of services and payments.
The Contractor undertakes to provide _____ units of Transport with a driver to perform the Customer’s work, after signing the Agreement, starting from the date agreed upon by the Parties.
Settlements between the Customer and the Contractor are made monthly by transferring to the Contractor's account an amount in the amount of 100% of the expected volume of work (Appendix No. 2), according to the invoice, but no later than 3 (three) banking days before the start of transport services. The final payment, when performing additional work not included in the Transport route, is made at the end of each month in accordance with the actual time worked.
In the event of changes in legislation or a decision at the republican level to change the procedure for settlements with service providers, the Contractor and the Customer undertake obligations to revise mutual settlements, which will be reflected in the annex to this Agreement.
Transport is rented for the purposes determined by the statutory objectives of the Customer.
Rights and obligations of the parties.
The Contractor undertakes:
Send technically sound Transport to the Customer to the places and terms established in Appendix No. 1 to this Agreement, which is an integral part thereof.
Provide transport services within the period specified in Appendix No. 1.
During the entire term of this Agreement, maintain the proper condition of the Transport, including carrying out repairs and providing the necessary accessories.
Prepare and submit documentation to government agencies for approval and registration of the route and final stops of Transport in accordance with current legislation.
In the event of a Transport breakdown, take all measures to eliminate it as quickly as possible. If it is impossible to eliminate the breakdown on site, provide a replacement Transport so that Passengers are delivered the same day.
Notify the Customer's representative (by telephone: (495) ______________) on the current day about cases of removal of the vehicle from the route, noting the time and reason for its absence.
Set off for the next month, subtracting from the Contract amount the hours not worked in the previous month (in cases where the data was recorded by both parties and was not a force majeure circumstance).
Ensure that the composition of the crew and its qualifications comply with the requirements of normal operating practice for this type of Transport and the terms of this Agreement.
Bear the costs of paying for the services of crew members.
The customer undertakes:
Use the Transport for its intended purpose:
For the carriage of Passengers;
Transportation of baggage with weight and dimensions not exceeding those permitted for this type of Transport.
Pay all costs associated with the production and registration of clause 3.1.4.
Do not sublease vehicles without written consent from the Contractor.
Provide the driver with time to eat (one hour) without compromising the transport service process.
The customer does not have the right to require the driver to drive, stop and park in places prohibited by the “Road Rules” and the traffic police. And also, he does not have the right to demand from the driver the transportation of goods with a weight and dimensions exceeding the indicators for this type of Transport.
Responsibility of the parties.
In the event of loss or damage to the rented vehicle, the Customer is obliged to compensate the Contractor for losses incurred if the latter proves that the loss or damage to the Vehicle occurred due to circumstances for which the Customer is responsible in accordance with the law or this Agreement.
The Contractor is not responsible for the execution of an order with a time delay if the latter was a consequence of external factors, such as: traffic jams, stop and inspection by traffic police officers, breakdown of the Transport, accident, etc.
The Contractor bears responsibility for damage caused to third parties by the rented transport, its mechanisms, devices, equipment. In accordance with the rules provided for in Chapter 59 of the Civil Code of the Russian Federation, he has the right to submit a recourse claim to the Customer for reimbursement of amounts paid to third parties if he proves that the damage arose through the Customer’s fault.
In case of violation of clause 3.1.7. of this Agreement, the Contractor pays the Customer a penalty in the amount of 1% of the cost of monthly service for the day when this violation was recorded by both Parties.
The Customer does not have the right to terminate the Agreement unilaterally within 12 (twelve) months from the date of signing this Agreement.
If the Customer fails to comply with the conditions specified in clause 4.5. of this Agreement, the latter undertakes to pay the Contractor a penalty equivalent to the cost of 2 months of transport services under this Agreement.
In case of untimely payment by the Customer for the Contractor's services, the Customer pays a penalty in the amount of 1% of the monthly cost of the order for each day of delay, and the Contractor reserves the right to refuse to fulfill the order until full payment is made by the Customer.
The Contractor is not responsible for the place of embarkation and disembarkation of Passengers during the period of its registration and can guarantee a stop at the designated place only after the Parties have complied with clause 3.1.4. and clause 3.2.2. of this Agreement.
Force Majeure.
The parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if this was a consequence of force majeure circumstances. Force majeure means circumstances that arose after the conclusion of this Agreement as a result of events of an extraordinary nature that the party could neither foresee nor prevent by reasonable and usually taken measures.
Additional Terms and Final Provisions.
In everything else not regulated in this agreement, the norms established by the Civil Code of the Russian Federation, as well as transport charters and codes will be applied.
In case of failure (in case of improper performance) of obligations under this Agreement by one of the parties, the other party has the right to unilaterally terminate this Agreement by notifying the other party no later than 14 (fourteen) days in advance.
Termination (expiration, termination) of this Agreement does not relieve the Parties from liability for their violation.
All changes and additions to this Agreement are valid only if they are made in writing and signed by the Parties, except for the cases provided for in this Agreement.
All Annexes to this Agreement are its integral parts.
This Agreement comes into force from the moment of its signing and is valid for 12 (twelve) months. If neither party notified the other of its intention to stop cooperation 14 days before the end of the Agreement, then the Agreement is considered extended for the next year.
Addresses and bank details of the parties.
Signatures of the parties:
Executor: Customer:
Appendix No. 2
to Agreement No.____ dated “____” __________ 2014
Car rental agreement without crew
Author of the document
Information for the document
A car rental agreement without a crew, if it is concluded with a legal entity that rents out movable property as a business activity, then it is drawn up under a rental agreement and is regulated by § 2 of Chapter 34 of the Civil Code of the Russian Federation.
If the agreement is concluded with an individual, then the procedure and conditions for concluding a lease are provided for in Part 2 § 3 of Chapter 34 of the Civil Code of the Russian Federation.
Features of document preparation
Contents of the agreement
According to Art. 642 of the Civil Code of the Russian Federation, under a car rental agreement without a crew, the lessor provides a car for temporary use without providing services for its technical operation and driving. The following requirements apply to such an agreement:
- Mandatory written form – Art. 643 Civil Code of the Russian Federation. At the same time, registration of the agreement provided for in Art. 609 of the Civil Code of the Russian Federation is not required for lease agreements.
- It is the responsibility of the car lessee to maintain it in proper condition. This condition includes the current and major repairs required by the car - Art. 644 Civil Code of the Russian Federation.
- The tenant’s obligation to drive the car, as well as to operate it – Art. 645 Civil Code of the Russian Federation.
- The tenant's obligation to bear the burden of maintaining the leased property, including its insurance and technical maintenance - Art. 646 Civil Code of the Russian Federation.
- Term – if it is not specified, then the contract is considered concluded for an indefinite period. In this case, the termination of the contract must be notified one month in advance - Art. 610 Civil Code of the Russian Federation.
- The car being rented must be clearly identified, that is, all its details must be indicated, as well as the accompanying items that come with it. If this data is not in the contract, then it will be considered not concluded - Art. 607 Civil Code of the Russian Federation.
- Payment of rent - the conditions and procedure for making payments, as well as the deadlines for making them, must be clearly defined. These conditions can be changed no more than once a year - Art. 614 Civil Code of the Russian Federation.
These clauses are mandatory when concluding a bareboat car rental agreement, and failure to comply with them may result in the transaction being invalidated.
Features of the agreement
When concluding a car rental agreement, it is necessary to take into account not only the conditions of its maintenance and payment of insurance premiums, but also the possibility of transferring it to other persons.
Important! Unless otherwise provided by the agreement, the lessee has the right to sublease the car he has rented to third parties, without the consent of the lessor - Part 1 of Art. 647 Civil Code of the Russian Federation.
Therefore, in order to avoid transferring transport into the wrong hands, it is necessary to reflect in the contract a direct prohibition on transferring it to third parties.
In addition, the lessee has the right to enter into transportation agreements with third parties, without the consent of the lessor, if the transported cargo corresponds to the purposes and purpose of the concluded lease agreement, and if the purposes were not specified in the agreement, then to the purposes and purpose of the vehicle itself.
Damage caused to third parties as a result of an accident, damage, loss or damage to a car, in accordance with Art. 648 of the Civil Code of the Russian Federation is borne by the tenant, but only if he is found guilty of causing harm - Art. 1064 of the Civil Code of the Russian Federation.
Since the car will be left unattended by the owner for a long time, for its safety, it is advisable to reflect in the contract the following obligations of the lessee:
- To promptly notify the lessor and the insurance company about the occurrence of an insured event, otherwise, if this is not done within the period established by the insurance contract, the insurance company has the right to refuse to pay the insurance - Art. 961 Civil Code of the Russian Federation.
- Compensation for damage in case of an accident and other damage to the car, if this was due to the fault of the lessee and does not relate to the insured event - Art. 1064 of the Civil Code of the Russian Federation.
- Operating conditions of the vehicle, including the obligation to use recommended fuels and lubricants for its proper maintenance.
These clauses are not mandatory, but their inclusion in the contract will help avoid a lot of problems in the event of emergency situations.
Completed sample document
Car rental agreement without crew
______ "__"_______20__
__________________________________________, hereinafter referred to as the “Lessor”, represented by _________________________________________________________, acting on the basis of _____________, on the one hand, and _____________________________________________________, hereinafter referred to as the “Tenant”, represented by _____________________________________________________, acting on the basis of _____________________, on the other hand, have entered into this agreement as follows :
1. The Subject of the Agreement.
1.1. Under this agreement, the Lessor undertakes to transfer for temporary possession and use to the Lessee the cars specified in the car acceptance certificate, which is an annex to the Agreement, and the Lessee undertakes to pay the Lessor a rental fee for the use of the cars and return them in the manner established by this Agreement.
1.2. The object of this agreement is the cars specified in the vehicle acceptance and transfer certificate, which is an annex to this agreement. The vehicle equipment is indicated in the vehicle acceptance certificate. The car includes a set of tires (winter and summer).
1.3. Cars belong to the Lessor on the right of ownership.
1.4. The use of the vehicle must not contradict its intended purpose.
2. Rights and Obligations of the parties.
2.1. Rights and obligations of the Lessor:
2.1.1. The Lessor is obliged, within 10 days from the date of signing this agreement, to transfer to the Lessee the cars in technically sound condition, fully equipped, equipped with radio stations, free from the rights of third parties. Acceptance and delivery of the car is carried out according to the acceptance certificate (Appendix No. 1 to the Agreement).
2.1.2. Provide the Lessee with documents related to the vehicles and necessary for normal operation.
2.2.3. Insure cars (CASCO, OSAGO). When insuring cars by the Lessor, it is necessary that in the insurance policies the circle of persons who have the right to drive the car is unlimited.
2.2.4. The lessor has the right to check the condition of the vehicles. To do this, the Lessor notifies the Lessee about this no later than 3 days before the inspection day. The tenant has no right to interfere with the inspection of vehicles.
2.2.5. The Lessor is obliged, at the Lessee's request, to submit to the Lessee within 2 days powers of attorney for the persons authorized by him to drive vehicles.
2.2. Rights and obligations of the Tenant:
2.2.1. The Lessee is obliged to inspect the condition and equipment of the vehicles and accept them from the Lessor by signing the acceptance certificate for the vehicles (Appendix No. 1).
2.2.2. The lessee undertakes to use the car in strict accordance with its purpose, comply with the Traffic Rules, be responsible for compliance with the requirements for the prevention and recording of accidents, keep the cars in technically sound condition, and carry the necessary documents required by the traffic police. The lessee undertakes to strictly comply with all requirements for the operation of the vehicle and the conditions specified in the service book of this vehicle.
2.2.3. Promptly notify the Lessor and the insurance company about the accident. Prepare all necessary documents for the traffic police and the insurance company. In case of failure to comply with these requirements, the Lessee bears full financial responsibility for damage received as a result of an accident.
2.2.4. Conduct scheduled vehicle inspections and repairs in technical centers in Moscow. The Lessee has no right to replace the license plate units installed on the vehicles without the prior written consent of the Lessor.
2.2.5. In case of damage or loss of the car, the Lessee undertakes to immediately notify the Lessor about this, as well as notify the insurance company about the insured event in accordance with the insurance contract and legislation.
2.2.6. In the event of an accident caused by the Lessee, in cases not related to insured events under insurance contracts for rented cars (including alcohol intoxication, etc.), the Lessee undertakes to take all actions provided for by law and this agreement to return the damaged car to the Lessor, and reimburse the Lessor for losses within 30 days, or pay the Lessor the residual value of the car (buy the car at the residual value).
2.2.7. Ensure the safety of registration and other documents necessary for operation. In the event of their loss, regardless of the Tenant’s fault, the Tenant undertakes to reimburse the Lessor for their restoration.
2.2.8. The lessee undertakes to compensate in full for damage caused to third parties during the operation of the vehicle (Article 648 of the Civil Code of the Russian Federation). If third parties make claims for damages against the Lessor, the Tenant is obliged to participate in legal proceedings in this case, provide the Lessee with all documents related to the damage, and reimburse the Lessor for all costs of legal proceedings.
2.2.9. When operating vehicles, use only those fuels and lubricants that are indicated in the service book and (or) recommended by the relevant car service center.
2.2.10. The Lessee has the right, without the consent of the Lessor, to sublease the rented vehicle under the terms of the lease agreement for a vehicle with or without a crew. The Lessee has the right, without the consent of the Lessor, on its own behalf to enter into transportation and other agreements with third parties, if they do not contradict the purposes of using the vehicle specified in the lease agreement (Article 647 of the Civil Code of the Russian Federation).
2.2.11. Upon expiration of the Agreement, as well as in the event of its early termination, return within 3 (three) days from the date of the specified period the vehicles in technically sound condition (taking into account standard wear and tear) in the configuration received from the Lessor. The transfer is carried out in the manner established by this agreement. The fact of transfer is documented in the vehicle acceptance certificate (Appendix 2).
2.2.12. When returning the car to the Lessor, the Lessee is obliged to return the cars in the configuration corresponding to the acceptance certificate (Appendix 1). When returning vehicles that are not complete, the Lessee shall pay the Lessor the cost of the unreturned equipment.
3. Rent and payment procedure.
3.1. The amount of rent for the use of cars and the procedure for its payment are provided for in an additional agreement to this Agreement.
4. Duration of the contract.
4.1. This agreement comes into force from the moment of signing and is valid for one year. The Agreement may be extended for the next calendar year if neither Party declares its termination 30 days before the end of its validity period.
4.2. The Agreement may be terminated early by written agreement of the Parties.
4.3. This Agreement may be terminated at the initiative of one of the parties. The party initiating the termination of this agreement is obliged to notify the other in writing of its intention no later than 15 days before the expected date of termination of the agreement.
4.4. In case of early termination of this agreement, mutual settlements between the parties are made no later than the day of transfer of the vehicles.
5. Responsibility of the parties.
5.1. For failure to fulfill or improper fulfillment of their obligations under this agreement, the Parties are liable in accordance with the current legislation of the Russian Federation.
5.2. The lessee is independently responsible for civil liability for damage caused to third party vehicles.
5.3. In the event of disputes arising under this agreement, they are considered in the appropriate court of general jurisdiction in the city of __________.
6. Additional conditions.
6.1. The Agreement may be amended by written agreement of the Parties.
6.2. To the extent not regulated by this Agreement, the Parties are guided by the current legislation of the Russian Federation.
6.3. The agreement is drawn up in two copies, one for each party and has equal legal force.
6.4. The terms of this agreement are confidential and are not subject to disclosure to third parties without the written consent of the other Party.
6.5. All appendices to this agreement are legally binding if they are in writing and signed by both Parties.
6.6. In case of disputes, the Parties will strive to resolve them through negotiations. If agreement is not reached, the dispute is referred to the court in accordance with the current legislation of the Russian Federation.
7. Addresses and details.
Appendix No. 1
to Car Rental Agreement
No. ____ dated “____”__________20__
Car acceptance certificate
______ «___ » ______________ 20__