Sample lease agreement for a car from an employee

Car rental agreement

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CAR RENTAL AGREEMENT

1. THE SUBJECT OF THE AGREEMENT

1.1. The Lessor transfers for temporary use to the Lessee of the make of the year, engine No., body No., colors, license plate, registered in the traffic police of the region, owned by the Lessor on the right of private ownership

1.2. The cost of the car is set in rubles on the basis of the appraisal report, which is an Appendix to this agreement.

2. CONDITIONS OF THE AGREEMENT

2.1. The Lessor provides the car in good condition according to the Transfer and Acceptance Certificate, which is an integral part of this agreement.

2.2. The lessee undertakes, upon expiration of the contract, to return the car in a condition corresponding to that reflected in the Transfer and Acceptance Certificate , taking into account normal wear and tear.

2.3. The lessee makes repairs to the car at his own expense.

2.4. The lessor is given the right to use the leased car for personal purposes during non-working hours, using his own fuel and lubricants (gasoline, etc.).

2.5. When using the car in accordance with clause 2.4, the parties are obliged to transfer the car to each other in good condition. When accepting and handing over the vehicle, the parties check its technical condition, discuss any existing faults and then eliminate them in accordance with Section 5 of this agreement.

3. PAYMENT PROCEDURE

3.1. The tenant agrees to pay rubles for renting a car .

4. DURATION OF THE AGREEMENT

4.1. The agreement was concluded for the period from "" 2019 to "" 2019 and can be extended by the parties by mutual agreement.

5. RESPONSIBILITY OF THE PARTIES

5.1. The Lessee is responsible for the safety of the rented car during working hours and in the event of loss or damage to the car during this time, he is obliged to compensate the Lessor for the damage caused, or to provide an equivalent car within 5 days after its loss or damage. In case of delay in compensation for damage or provision of an equivalent car within the specified period, the Lessee shall pay a penalty in the amount of % of the cost of damage or the estimated value of the car.

5.2. The Lessor is responsible for the safety of the vehicle during non-working hours. If the rented car is damaged or lost when used in accordance with clause 2.3 of this agreement, the Lessor is obliged to repair the damage at its own expense or compensate the Lessee for the loss caused. The amount of compensation is determined by agreement of the parties.

6. OTHER CONDITIONS

6.1. The agreement may be terminated early or amended by agreement of the parties.

6.2. By agreement of the parties, the rented car is valued at rubles. This assessment is taken into account when compensating for damage.

6.3. In all other respects that are not regulated by this agreement, the parties are guided by the current legislation of the Russian Federation.

6.4. The agreement is drawn up in two copies having equal legal force.

Vehicle rental agreement

Under a car rental agreement, the lessee pays the owner rent for the temporary use of the vehicle. If you want to conclude an agreement that does not involve the payment of money, that is, to use the car for free, you should enter into a free use agreement.

The contract must stipulate the obligations of the parties. Typically, it is the lessor's responsibility to deliver the vehicle to the lessee in good condition. And the lessee’s responsibilities include making monthly payments on time and, after the terms specified in the contract, returning the car to the owner in working condition, taking into account natural wear and tear.

You can use the standard car rental agreement form presented below.

List of necessary documents for drawing up a car rental agreement in 2019.

Passport.
Registration document (for foreign citizens).
Driver's license of the appropriate category. For foreign citizens, an international driver's license or a notarized translation of the license.
Vehicle registration certificate.
Technical passport of the vehicle.

Legal entities will additionally need

Power of attorney for the right to sign contracts.
Certificate of registration and charter of the enterprise.

There are no strict requirements for drawing up a car rental agreement. It can be written in any form by hand or printed on a printer. The main condition is the presence of passport data of all participants in the transaction and signatures of the parties. Despite the fact that the presence of many clauses is not necessary, it is still better to write them down in the contract.

Mandatory terms of the agreement:

Availability of passport data (addresses and details);
Availability of signatures in the contract;
Detailed characteristics of the car (make, model, color, state registration number, identification number, body number, chassis number);
If during inspection of the vehicle any defects are identified, they must be recorded in the contract.

Additional terms of the agreement:

Rental period . There are no restrictions on the term of the Vehicle Rental Agreement. Therefore, if the terms are not specified in the agreement, the agreement is considered unlimited and will be valid until the tenant or the landlord wants to terminate it.
Rent . The contract must specify the form, procedure and timing of making contractual payments. In case of violation of payment terms, it is worth prescribing compensation for losses to the tenant.
Provision of a vehicle and its return . This clause of the contract specifies the technical condition of the transferred vehicle. It is also worth writing down a list of things to be transferred (keys, car documents, first aid kit, fire extinguisher, etc.).
Insurance . If this clause is not specified in the contract, then the costs are borne by the tenant.

If you still have questions about how to correctly fill out a car rental agreement, you can familiarize yourself with the completed sample.

Sample car rental agreement (Doc)

Sample car rental agreement (PDF)

Car rental agreement

Document type: Vehicle rental agreement

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A car rental agreement is concluded between its owner (lessor) and the lessee. It is worth noting the fact that the agreement can differ in two types: bareboat and crewed. In the first case, the lessor transfers exclusively the car to the lessee with the right to own it for a specified period. The recording document in this case is the vehicle acceptance certificate.

If the owner provides a car with a crew, in such a situation, in addition to the car itself, he also provides the tenant with his service for the technical operation of the vehicle and its management. It is important that in this case, the provisions regarding the renewal of a car rental agreement for an indefinite period, as well as the preemptive right of the second party, become irrelevant and do not apply to this type of agreement. When drawing up a document for renting a car with a crew, a written form of the agreement is required.

The contents of the car rental agreement determine the terms of the transaction, the amount of payment, as well as the rights and obligations of each participant. The lessee's obligations include proper operation of the car in accordance with the terms of the document, as well as timely payment of the required amount to the lessor.

Car rental agreement form

Sample car rental agreement (completed form)

Download Car rental agreement

CAR RENTAL AGREEMENT No.

1. THE SUBJECT OF THE AGREEMENT

1.1. The Lessor transfers for temporary use to the Lessee a car of the make of the year, engine No., body No., colors, license plate, registered in the traffic police of the region, owned by the Lessor on the right of private ownership.

1.2. The cost of the car is set in rubles on the basis of the appraisal report, which is an Appendix to this agreement.

2. CONDITIONS OF THE AGREEMENT

2.1. The Lessor provides the car in good condition according to the Transfer and Acceptance Certificate, which is an integral part of this agreement.

2.2. The lessee undertakes, upon expiration of the contract, to return the car in a condition corresponding to that reflected in the Transfer and Acceptance Certificate, taking into account normal wear and tear.

2.3. The lessee makes repairs to the car at his own expense.

2.4. The lessor is given the right to use the leased car for personal purposes during non-working hours, using his own fuel and lubricants (gasoline, etc.).

2.5. When using the car in accordance with clause 2.4, the parties are obliged to transfer the car to each other in good condition. When accepting and handing over the vehicle, the parties check its technical condition, discuss any existing faults and then eliminate them in accordance with Section 5 of this agreement.

3. PAYMENT PROCEDURE

3.1. The tenant agrees to pay rubles for renting a car.

4. DURATION OF THE AGREEMENT

4.1. The agreement was concluded for a period from " " year to " " year and can be extended by the parties by mutual agreement.

5. RESPONSIBILITY OF THE PARTIES

6. OTHER CONDITIONS

6.1. The agreement may be terminated early or amended by agreement of the parties.

6.2. By agreement of the parties, the rented car is valued at rubles. This assessment is taken into account when compensating for damage.

6.3. In all other respects that are not regulated by this agreement, the parties are guided by the current legislation of the Russian Federation.

6.4. The agreement is drawn up in two copies having equal legal force.

Agreement for renting a car with a crew from an employee: how to draw up, sample

Currently, many companies whose activities are related to transportation and delivery hire employees with their own car, using the vehicle for business purposes. In this article, we will look at how to draw up a rental agreement for a car with a crew from an employee, what details should be included in the agreement, and what basic conditions an employer should provide when concluding a rental agreement for a vehicle with an employee.

An employee’s car is used for official purposes: documentary basis

Based on Art. 188 of the Labor Code of the Russian Federation, an employee who uses a personal car for business purposes, or who has transferred the vehicle for the use of the company, is entitled to receive monetary compensation from the employer, as well as reimbursement of expenses for vehicle maintenance, fuel consumption, etc.

The employer and employee can transfer the vehicle for use to the company in one of the following ways:

Additional agreement to the employment contract , according to which the amount of compensation for the use of a car is provided, and a list of reimbursable expenses.
Car rental agreement , under which the employee is paid rental payments, as well as reimbursement for car maintenance costs.
Agreement for free use , on the basis of which the employee receives only reimbursement of expenses for fuels and lubricants, maintenance, etc., but does not have the right to claim compensation for the use of a personal car. The contract form can be downloaded here ⇒ Contract for free use of a car (form).

As a general rule, companies that use an employee’s personal car for production purposes sign a vehicle rental agreement without a crew with the employee. Within the framework of these legal relations:

the employee receives wages under an employment contract (position of driver, forwarding driver, etc.);
the company pays the employee a rental fee for the use of the car, as well as compensation for expenses for fuel and lubricants and vehicle maintenance.

Is it possible to conclude a rental agreement for a vehicle with a crew with an employee?

Concluding a rental agreement for a vehicle with a crew with an employee is a rather controversial issue from the point of view of the provisions of the Civil Code and the opinion of regulatory authorities.

According to Art. 635 of the Civil Code of the Russian Federation, a lessor who provides a vehicle for use on a lease basis must have an employment relationship with the person who manages this vehicle and ensures its technical operation. As we see, when concluding a rental agreement with an employee for a vehicle with a crew, this requirement of the Civil Code cannot be met, because the employee of the company simultaneously performs the functions of a lessor and a person managing the vehicle, and, therefore, cannot be in an employment relationship with himself.

Employee car rental agreement: sample

It often happens that an employee uses a personal car for business purposes. At the same time, the employer is obliged to pay compensation to the employee in connection with the use of his property (Article 188 of the Labor Code of the Russian Federation). And if such business trips are periodic, some employers prefer to draw up a lease agreement with the employee for a personal car. Such an agreement has its own characteristics.

Employee car rental agreement for business purposes

An organization can rent only a car from an employee, without a driver, or it can rent it together with a driver (Articles 632, 642 of the Civil Code of the Russian Federation).

Car rental agreement with driver

Under a car rental agreement with a driver, the employee provides the employer with a vehicle for a fee for temporary possession and use and provides on his own services for its management and technical operation (Article 632 of the Civil Code of the Russian Federation). During the entire term of the contract, the lessor employee is obliged to maintain the proper condition of the leased car, including its current and major repairs (Article 634 of the Civil Code of the Russian Federation). In addition, the employee’s responsibilities include paying for insurance (MTPL/CASCO) (Article 637 of the Civil Code of the Russian Federation).

The lessee, in turn, bears the costs arising in connection with the commercial operation of the car, including the cost of paying for fuel and other materials consumed during operation (Article 636 of the Civil Code of the Russian Federation).

In case of damage to the car, the employer is obliged to compensate the employee for the losses caused, provided that the employee proves that the damage to the car occurred due to circumstances for which the employer is responsible by virtue of the law or the terms of the car rental agreement (Article 639 of the Civil Code of the Russian Federation). If the car itself causes harm to third parties, then, as a general rule, the employee-lessor bears responsibility for this (Article 640 of the Civil Code of the Russian Federation).

Car rental agreement without driver

Under such an agreement, the employee provides the employer with a car for a fee for temporary possession and use without providing services for its management and technical operation (Article 642 of the Civil Code of the Russian Federation).

During the entire term of the lease agreement, the employer must maintain the car rented from the employee in proper condition and carry out its current and major repairs (Article 644 of the Civil Code of the Russian Federation). In addition, the employer bears the costs of maintaining the rented car, its insurance, including its liability insurance, as well as expenses arising in connection with its operation (Article 646 of the Civil Code of the Russian Federation).

The employer is also responsible for damage caused to third parties by a car (Article 648 of the Civil Code of the Russian Federation).

Form of car rental agreement from an employee

Regardless of what kind of rental agreement you conclude with an employee (with or without a crew) and for what period, the agreement must be concluded in writing (Articles 633, 643 of the Civil Code of the Russian Federation). However, such an agreement does not have to undergo state registration.

Employee car rental agreement (sample)

Here is a sample contract for renting a car from an employee of an organization.