Sublease agreement for a car without a crew

Sublease agreement for a vehicle without a crew

[enter the required] [day, month, year] [Name of organization, enterprise], represented by [position of manager, full name], acting on the basis of [charter, regulations, power of attorney], hereinafter referred to as “Sublessor ", on the one hand, and [name of organization, enterprise], represented by [manager's position, full name], acting on the basis of [charter, regulations, power of attorney], hereinafter referred to as the "Subtenant", and together referred to as the Parties, have entered into this agreement as follows:

1. The Subject of the Agreement

1.1. The subject of this sublease agreement is the provision by the Sublessor for temporary use for a fee to the Sublessee of a motor vehicle of the brand [fill in what is required];

state number [enter as required];

year of manufacture [enter as necessary];

VIN [enter as required];

Engine N [enter as required];

Body N [enter as required];

1.2. At the time of concluding this agreement, the vehicle being subleased is in the temporary possession and use of the Sublessor on the basis of the lease agreement N [fill in as required] dated [date, month, year].

1.3. The specified vehicle being subleased is in good condition and meets the requirements for operating vehicles.

1.4. The sublessee, on his own and at his own expense, ensures the management of the subleased vehicle and its proper operation, and also bears the costs of maintaining the vehicle and expenses arising in connection with its operation during the entire term of the contract.

1.5. Responsibility for damage caused by the subleased vehicle, its mechanisms, devices and equipment to third parties lies with [fill in as appropriate].

2. Sublease and payment procedure

2.1. The cost of using a subleased vehicle is: [fill in as appropriate].

2.2. The specified sublease payment is paid by the Sublessee [indicate period] by transfer to the Sublessor's bank account, until “[enter as required].”

2.3. The amount of sublease, if there is a need and objective realities, may be changed during the term of the contract by agreement of the parties, but not more than once in [specify period].

2.4. The Sublessee has the right to demand from the Sublessor a reduction in the sublease payment in the appropriate amount if, due to circumstances over which he cannot influence and for the result of which he cannot be responsible, the conditions of use of the subleased vehicle provided for in the agreement, or the condition of the subleased vehicle funds have deteriorated significantly.

2.5. Products and income received by the Sublessee as a result of his use of the vehicle subleased in accordance with the terms of this sublease agreement are the property of the Sublessee.

2.6. The Sublessor is obliged to return to the Sublessee part of the sublease already received upon the early return of the vehicle by the Sublessee.

3. Sublease period

3.1. The term of sublease of a motor vehicle that is an object under this agreement is [fill in the required one] from the moment of its acceptance by the Sublessee under the Transfer and Acceptance Certificate and cannot be longer than the term of the main lease agreement N [fill in the required one] from [date, month, year].

3.2. When concluding a sublease agreement for a new term, its terms may be changed by agreement of the Parties.

4. Responsibilities of the Sublessor

4.1. Transfer to the Sublessee, under the transfer and acceptance certificate, the vehicle that is the subject of sublease within [meaning] days from the date of signing this agreement.

4.2. Check the serviceability of the subleased vehicle in the presence of the Sublessee.

4.3. During the period of validity of the sublease agreement, provide the Sublessee with technical, consulting, information and other assistance for the purpose of the most effective and competent use of the subleased vehicle.

5. Responsibilities of the Subtenant

5.1. Use the subleased vehicle in accordance with the terms of this sublease agreement.

5.2. Expenses arising in connection with the operation of a subleased vehicle, including the cost of paying for fuel, lubricants and other materials and payment of fees collected legally in the prescribed manner, are borne by the Sublessee independently.

5.3. During the entire period of validity of the sublease agreement for the vehicle, maintain it in proper technical condition, as well as carry out regular maintenance, routine repairs, and provide the vehicle with the necessary spare parts and other accessories.

5.4. After the expiration of this sublease agreement or its early termination for other reasons, return the sublease vehicle in good condition.

6. Responsibility of the Parties

6.1. A party to a contract that fails to fulfill or improperly fulfills its obligations under the contract shall be liable if there is fault.

6.2. A party that fails to fulfill or improperly fulfills its obligations under the contract when fulfilling its terms is liable unless it proves that proper fulfillment of obligations was impossible due to force majeure (force majeure), i.e. emergency and unavoidable circumstances under specific conditions of a specific period of time. The Parties to this agreement included the following as force majeure circumstances: natural phenomena (earthquake, flood, lightning strike, volcanic eruption, mudflow, landslide, tsunami, etc.), temperature, wind force and precipitation level at the place of fulfillment of obligations under the agreement, excluding normal life activities for a person; moratorium of authorities and management; strikes organized in accordance with the procedure established by law, and other circumstances that may be determined by the Parties to the contract as force majeure for the proper fulfillment of obligations.

6.3. The Party affected by the above circumstances is obliged to notify the other Party to the agreement within [specify period].

6.4. Failure to notify of the occurrence of force majeure circumstances does not give the right to refer to these circumstances.

6.5. The Sublessor is obliged to compensate the Sublessor for losses caused in the event of death or damage to the subleased vehicle, if the Sublessor proves that the death or damage to the vehicle occurred as a result of the occurrence of circumstances for which the Sublessor is responsible in accordance with current legislation or the terms of this sublease agreement.

6.6. A party to a contract whose property interests are violated as a result of non-fulfillment or improper fulfillment of obligations under the contract by the other Party has the right to demand full compensation for losses caused to it by this Party.

7. Dispute resolution procedure

7.1. Disputes that may arise during the implementation of the terms of this agreement, the Parties will strive to resolve through negotiations.

7.2. Disputes that are not resolved through negotiations are referred for resolution to the arbitration court [name of the arbitration court].

8. Change and termination of the agreement

8.1. By mutual agreement of the Parties, this agreement may be amended or terminated.

8.2. The agreement may be terminated by the court at the request of one of the Parties only in the event of a significant violation of the terms of the agreement by one of the Parties or in other cases provided for by this agreement or current legislation.

8.3. At the request of the Sublessor, this agreement may be terminated early in court in cases where the Subtenant:

- grossly or repeatedly violates the terms of this agreement or uses the subleased vehicle for other purposes;

— does not pay subrent for more than [fill in as required] for consecutive periods;

- significantly worsens the condition of the vehicle.

8.4. At the request of the Subtenant, this agreement may be terminated early in court if:

— The Sublessor does not provide the vehicle for use to the Sublessee or creates obstacles to use in accordance with the terms of the agreement;

- the vehicle transferred to the Sublessee has defects that prevent its use, which were not specified by the Sublessor at the conclusion of the agreement, were not known to the Sublessee in advance and should not have been discovered by the Sublessee during the inspection of the vehicle at the conclusion of the agreement;

- the object, due to circumstances beyond the control of the Subtenant, will be in a condition unsuitable for use.

9. Other conditions

9.1. Changes and additions to this agreement must be in writing and signed by both Parties.

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

10. Details and signatures of the Parties

[name of organization] [name of organization] [current account] [current account] [name of bank] [name of bank] [correspondent account] [correspondent account] [name of position] [name of position]

How to draw up a car sublease agreement

How to draw up a car sublease agreement
In what cases is it used
Contents of the agreement
List of documents to be compiled
Contract requirements and important points
Sublease terms
Registration of the contract
Without crew
With crew
Features of the conclusion between legal entities

A popular and mutually beneficial option for using a vehicle by legal entities, when one party does not temporarily need a vehicle, and the other does not have the opportunity or need to purchase it, is a car sublease agreement. A feature of sublease contractual relations is the mandatory signing of a written agreement, which is drawn up in accordance with certain requirements.

In what cases is it used

This service involves the transfer of an already rented vehicle for operation to a third party, in accordance with an already concluded rental agreement. As a result of sublease registration, the tenant under the primary agreement will act as a lessor, and a third party will act as a tenant. Typically, the owner of the car will be against this agreement if it was carried out without his knowledge.

Legal entities quite often resort to the service in question. This is due to the fact that the car is not used by the company for various reasons. Then the machine does not bring any benefit. Subleasing a vehicle is a profitable option for the lessor, which allows you to receive constant passive income from the car.

By contacting many companies that offer to conclude the contract in question, you can receive the following additional services:

maintenance and repair;
registration of documents and insurance;
vehicle washing and more.

There are often cases when organizations deliberately lease a car for further sublease, which guarantees income without much effort.

Contents of the agreement

Before concluding an agreement, it should be taken into account that the sublease or subleasing service must be specified in the rental agreement for this vehicle. In the absence of such a clause, the lessor must obtain the written consent of the owner.

The document must comply with the following aspects:

The agreement must state that this vehicle is transferred to the use of the sublessee.
You must indicate the duration of the service in question for using the car.
It is necessary to assign payment features - frequency and methods of making payments.

The agreement must contain the following clauses:

Full name of the lessor;
number of the leasing agreement, date of registration in Rosreestr;
validity period of the transaction;
interest payments (if necessary);
assigning responsibilities to the lessee in case of damage to the vehicle;
date and signatures of the parties.

In the section on the rights of a subtenant, you can indicate the following points:

full use of the vehicle;
the ability to defer payment for a valid reason;
maintenance or repair of the vehicle at the expense of the lessee in cases of damage to the vehicle during a natural disaster or emergency;
the ability to demand a reduction in fees in case of poor-quality car repairs;
premature receipt of notice of termination of the agreement.

List of documents to be compiled

To draw up the agreement in question, the lessee needs to prepare a package of documents.

The list of such papers includes:

order-application;
details of the enterprise;
manager's identity cards;
powers of attorney (if necessary).

The lessor must provide the client with the following list of documents:

charter;
a document indicating the authority to sign a sublease agreement;
certificate of state registration of a legal entity;
TIN or checkpoint;
passport of the company director;
title documents for the sublease object;
papers for the vehicle (PTS, STS);
current account to which payments will be made;
lease agreement and permission from the owner to sublease this vehicle;
act of acceptance and transfer of the car.

To carry out this procedure you must provide:

statement from the landlord;
title documents for the subleasing object;
act of acceptance and transfer;
vehicle rental agreement;
written consent of the owner;
car sublease agreement;
passports of both parties.

Contract requirements and important points

It should be noted that there are no mandatory requirements for concluding the agreement in question.

To sublease a car you need to complete three main steps:

Drawing up a contract in writing.
Signing of the document by both parties.
Registration in Rosreestr (if necessary).

The contract in question must be presented in several copies (depending on the number of participants).

The document must be drawn up according to the following rules:

accurate information about organizations should be indicated and certified with the company’s seal;
all entries must not contain errors (especially when filling out passport data);
enter information about the terms of the transaction, the rights and obligations of the parties, as well as the possibility of terminating the agreement.

The form of this agreement is no different from a leasing agreement.

The sublease document can be drawn up using this model with a number of important points:

Name. At the beginning of the document, the date, place of preparation, details of the organization and basic information about the parties to the transaction are indicated.
Description of the sublease item.
Duration of the transaction.
Rights and obligations.
Addition. Instructions on the specifics of ownership and operation of a vehicle.

Sublease terms

When filling out the duration period of the transaction in question, you should remember that it should not exceed the validity period of the lease agreement for this vehicle. If the duration of the initial transaction (leasing) of a car does not have a fixed time frame, then the sublease agreement can be drawn up according to the same principle.

According to the legislation of the Russian Federation (Articles 421, 425, 642 of the Civil Code of the Russian Federation), it can be argued that the parties to sublease have the right to independently determine the period of time for which this type of agreement is concluded.

Registration of the contract

It is permissible to draw up and execute a document in any written form. Typically the document contains a number of basic points. But it should be noted that there are nuances in drawing up a sublease agreement for a vehicle with and without a crew.

The document in question, as stated earlier, is formed on the basis of a car leasing agreement, as well as the possibility of re-leasing. This means that when drawing up and executing an agreement, you cannot indicate any additional possibilities for using the vehicle that contradict the primary transaction.

Without crew

Concluding a sublease transaction, the subject of which is a vehicle without a crew, implies an affordable pricing policy, which is due to the fact that this type of transaction does not include services for driving the car and payments for repair work to the lessor in the event of a breakdown or malfunction of the vehicle.

The profitability of this agreement is confirmed by the fact that the client organization of the transaction can hire its employee with a driver’s license to serve as a driver (part-time). This option is very profitable and less expensive than subleasing a vehicle with a crew.

Before concluding a contract, the lessee is recommended to carry out diagnostics of the car. These actions are dictated by the fact that if the car is in a disappointing technical condition, then the cost of repair services will fall on the shoulders of the lessee.

The agreement of the type of sublease transaction under consideration is drawn up according to this sample in accordance with the following points:

Subject of the agreement.
Contract time.
Rights and obligations.
The procedure for transferring property.
Payment procedure.
Responsibility of the parties.
Grounds and procedure for termination of the agreement.
Resolution of disputes from the contract.
Force Majeure.
Other terms of the agreement.
List of applications.
Addresses, details, signatures of the parties.

With crew

When subletting a vehicle with crew, you must remember that this agreement is more expensive for the lessee. This is due to the fact that the client needs to repair the vehicle, as well as deal with maintenance issues of this car. The price for car sublease also includes payment for vehicle management services (as a rule, the amount is calculated based on the driver’s highest level of workload).

Since the driver is at the tenant’s complete disposal in the area of commercial issues regarding the use of the vehicle, the manager, due to a busy schedule and traveling, will not always be able to assign his employee any other tasks (according to paragraph 2 of Article 635 of the Civil Code of the Russian Federation). This suggests that from the economic side, this transaction will not be sufficiently profitable for the tenant .

While for the same amount of money you can hire an employee-driver and instruct him, in his free time from traveling, to perform various tasks in accordance with his duties. An agreement of this type of sublease is drawn up according to the same model as for a vehicle without a crew. But there are also some differences in the document.

For example, the subject of the agreement states:

The composition of the crew and the qualifications of its members meet the rules and conditions of the agreement that are binding on the parties, as well as the requirements of the practice of using the vehicle.
During the entire period of this transaction, all crew members are considered employees of the lessor, who answers questions regarding the maintenance and operation of this car.
The sublessee is responsible for all matters of commercial operation of the vehicle crew.
The lessor is responsible for the costs of paying for services and maintaining all crew members of the rented car.

The Responsibilities section also has some differences that indicate that the subtenant must:

pay all costs associated with the operation of the rented vehicle;
control the actions of the crew for the safe operation of the vehicle;
assist the crew in maintaining the vehicle;
treats the machine with care and provides crew members with proper working and rest conditions;
make timely payments for sublease of the vehicle.

Features of the conclusion between legal entities

The agreement in question allows the company to organize transportation, allocate vehicles to seconded employees, and also maintain a taxi fleet. Sublease between legal entities differs from the same transaction with individual entrepreneurs and other citizens mainly in the package of documents.

A company that acts as a lessor reflects the profit from the transaction in its financial statements and pays taxes on it. When subleasing a vehicle with a crew, the lessor acts as the employer of the driver. Also, the features of this agreement can be considered the drawing up of an agreement - entering basic and additional information about the parties (names and legal forms, legal addresses, code details, etc.).

Thus, sublease of a vehicle between legal entities is a financially profitable and convenient transaction, thanks to which one party will receive passive income, and the other will operate the leased vehicle with or without a crew for their own purposes.

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Vehicle sublease agreement

Document type: Vehicle rental agreement

To save a sample of this document to your computer, follow the download link.

Document file size: 8.2 kb

A vehicle sublease agreement is concluded by two parties – the lessor and the sublessee. First, the city, date and names of both parties are indicated, the basis on which the lessor acts.

Subject of the agreement

The subject of this agreement is the transfer of a vehicle by the lessor to the subtenant for temporary use with the consent of the owner. The duration of this agreement is not limited, but cannot be longer than the agreement between the lessor and the owner of the movable property.

The contract must specify the amount of rent that the sublessee is obliged to pay to the lessor in cash at the cash desk every month before the 15th day and the details of the owner of the vehicle.

Below, the contract clearly states the obligations of both parties to the agreement, their responsibilities, which stipulates a penalty for payments made later than the agreed date and other conditions,

This agreement is completed in two copies, which have equal legal force, and is provided to the two parties.

The agreement is considered valid when it contains the addresses and payment details of the parties to the agreement, there are signatures of the lessor and subtenant and their wet seals.

Vehicle sublease agreement form

Sample vehicle sublease agreement (completed form)

Download Vehicle sublease agreement

Vehicle sublease agreement No.

1. The Subject of the Agreement

1.1. The Lessor provides the Sublessee with a vehicle for temporary use for a fee: .

1.2. The vehicle is subleased with the consent of the owner.

1.3. The agreement is concluded for an indefinite period, but cannot exceed the term of the lease agreement between the Lessor and the owner of the vehicle.

1.4. The rent is rubles per month including VAT. The rent is paid by the Subtenant to the Lessor's cash desk in cash for each current month no later than the date of each month.

2. Responsibilities of the parties

2.1. The lessor is obliged:

— hand over the vehicle (with all documents, including the MTPL insurance policy) according to the acceptance certificate in good condition within days from the date of signing this agreement;

— provide the Sublessee with the necessary technical and information assistance on the effective use of the vehicle;

- bear all costs associated with both the operation and repairs (current and major) of the leased vehicle, with the exception of the cost of remuneration for the driver of the vehicle.

2.2. The subtenant is obliged:

— pay rent under this agreement on time;

- return the vehicle to the Lessor at the end of the contract in the condition in which he received it, taking into account normal wear and tear.

3. Responsibility of the parties

3.1. If the Sublessee fails to pay the rent within the terms established by this agreement, the Lessor has the right to demand payment of a penalty in the amount of % of the monthly payment for each day of delay by sending a written claim to the Subtenant.

3.2. In the event of loss or damage to a leased vehicle, the Sublessee shall reimburse the Lessor for its cost at market prices for a similar vehicle at the time of reimbursement, unless he proves that the loss or destruction of the vehicle was due to the Lessor's fault.

3.3. The Sublessee is liable for damage caused by the vehicle to third parties in accordance with the current legislation of the Russian Federation.

4. Other conditions

4.1. This agreement has been drawn up in 2 original copies having equal legal force, one for each of the parties.

4.2. All changes to the terms of the contract, including rental rates, must be agreed upon between the parties and formalized in additional agreements. If agreement is not reached between the parties, the dispute is considered in accordance with the current legislation of the Russian Federation.

4.3. In cases not provided for in this agreement, the parties are guided by the civil legislation of the Russian Federation.

Sublease agreement for a car without a crew

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All correspondence on the subject of the Agreement prior to its conclusion loses legal force from the date of conclusion of the Agreement.

A party to a contract that fails to fulfill or improperly fulfills its obligations under the contract shall be liable if there is fault.

Sublease of a vehicle

Recall the vehicle from service for the purpose of maintenance and if the Client violates the operating conditions of the vehicle.

In other words, the cost of driving services will include at least the driver’s full monthly salary and taxes paid on it.

It is no secret that office work negatively affects both the physical and mental state of the employee.

The vehicle is transferred to the Lessee and returned to the Lessor in a clean form with a certain amount of gasoline specified in the Vehicle Acceptance Certificate. If the Lessee fails to fulfill the specified obligations when returning the Vehicle, he pays for washing the Vehicle, cleaning the interior and the missing amount of fuel in accordance with the current tariffs of the Lessor (see.

Vehicle sublease agreement form

All changes to the terms of the contract, including rental rates, must be agreed upon between the parties and formalized in additional agreements. If agreement is not reached between the parties, the dispute is considered in accordance with the current legislation of the Russian Federation.

If technical breakdowns occur, the rented vehicle can be exchanged for a vehicle of the same price category, if the Lessor has one. Minor technical faults of the rented vehicle can be corrected by the Lessee independently at a service station only after agreement with the Lessor.

In this case, the tenant, according to the primary agreement, becomes the lessor, and the third party becomes the tenant.

In this case, the Tenant’s obligations regarding payment under the Agreement are considered fulfilled from the day the Tenant’s bank writes off funds from the Tenant’s account. 6. RESPONSIBILITY OF THE PARTIES 6.1.

Sublease agreement for a vehicle without a crew

When leaving the vehicle, have all registration documents for the vehicle with you. Ensure the safety of the vehicle and additional equipment from the moment of receipt until the moment of its return to the Lessor.

The vehicle must be in a drivable condition at all times. 4. Civil liability insurance for drivers driving a vehicle. 5. It is necessary to insure all kinds of risks associated with damage and theft. 6. It is necessary to regularly conduct medical examinations of drivers. The claim must be accompanied by documents substantiating the demands made by the interested Party (if the other Party does not have them), and documents confirming the authority of the person who signed the claim. These documents are submitted in the form of duly certified copies.

Payment of the penalty does not relieve the Sublessee from fulfilling the obligation to pay the principal debt. Get full text 5.9. The requirement to pay penalties and fines is a right, not an obligation, of the Sublessor. 5.10. The Sublessee is responsible for damage caused to third parties by the rented car in accordance with the current legislation of the Russian Federation.

The Lessee does not object to the recovery of the amount of damages incurred by the Lessor in connection with the non-fulfillment (improper performance) of this Agreement by the Lessee for the entire time that the car was not used by the Lessor due to the absence, repair of the vehicle, etc. indisputably in the amount of double rent for each day of delay and/or downtime.

In case of non-fulfillment (improper fulfillment) of the obligations provided for in clause 3.5 of the Agreement, he pays a fine in the amount of rubles. for every such case.

The Lessor provides the Sublessee with the following vehicle for temporary use for a fee: __________________.

In case of non-fulfillment (improper fulfillment) of the obligations provided for in clause 3.5 of the Agreement, he pays a fine in the amount of rubles. for every such case.

The Lessor provides the Sublessee with the following vehicle for temporary use for a fee: __________________.

The transfer of the vehicle to the Client is carried out after signing the Transfer and Acceptance Certificate, which is an integral part of the contract. The cost and rental terms are indicated in the Acceptance and Transfer Certificate.

The Civil Code offers a choice of two options for renting a vehicle: with or without a crew.

If a vehicle is leased without providing services for its management and technical operation (lease without a crew), the responsibilities for maintaining the proper technical condition of the vehicle (including carrying out routine and major repairs), as well as its insurance, are assigned to the lessee (Article 644-646 Civil Code of the Russian Federation).

Do not exceed the daily vehicle mileage limit of 350 (three hundred fifty) kilometers. If the daily mileage limit is exceeded, pay at the rate of 3 (three) rubles/km.

The registration of such permission is carried out with subsequent notarization. This need arises due to the fact that the agreement on the provision of a vehicle for temporary use must be certified by a notary. It follows from this that a vehicle sublease agreement also undergoes this procedure without fail.

The agreement is considered valid when it contains the addresses and payment details of the parties to the agreement, there are signatures of the lessor and subtenant and their wet seals.

During the entire period of validity of the sublease agreement for the vehicle, maintain it in proper technical condition, as well as carry out regular maintenance, routine repairs, and provide the vehicle with the necessary spare parts and other accessories.

Lease agreement for a vehicle without a crew, which is the municipal property of the urban settlement of Tomilino, Moscow Region (Decision of the Council of Deputies of the village.

In the case where he has made improvements at his own expense and with the consent that are inseparable without harm to him, he has the right, after termination of the Agreement, to be reimbursed for the cost of these improvements.

Method of payment under the Agreement: transfer of funds in the currency of the Russian Federation (ruble) to the current account. In this case, the obligations regarding payment under the Agreement are considered fulfilled from the day the bank writes off funds from the account.

A vehicle sublease agreement is concluded in relation to leased property, which is transferred for temporary use to the sublessee.

The acceptance and transfer of the vehicle is not formalized. The Vehicle continues to be in the possession of the Lessee without a break in time.

Dispute resolution. The claim procedure for pre-trial dispute resolution is not mandatory for the parties to the transaction.

Sublease agreement for a vehicle without crew between legal entities

The specified vehicle being subleased is in good condition and meets the requirements for operating vehicles.

Routine, major repairs and maintenance of the Vehicle are carried out by the Lessor, subject to the Client's careful, prudent, and caring attitude towards the Vehicle during its operation, taking measures to maintain the proper technical condition and appearance of the Vehicle, throughout the entire term of this agreement.

The parties are responsible for failure to fulfill or improper fulfillment of their obligations under the Agreement in accordance with the Agreement and the legislation of Russia. 6.2.

In the presence of the Client, check the serviceability of the leased vehicle and familiarize the Client with the basic technical rules for operating the vehicle.

A vehicle sublease agreement is drawn up in writing and is concluded for a period not exceeding the term of the main lease agreement.

Item. According to the agreement, the tenant undertakes to provide the subtenant for temporary use for a fee with the vehicle specified in the Appendix - List of Leased Property (which is an integral part of this agreement).

The Lessor is not responsible for possible adverse consequences for the Client associated with informing the police about the failure to return the Vehicle within the prescribed period.

The agreement is concluded for an indefinite period, but cannot exceed the term of the lease agreement between the Lessor and the owner of the vehicle.

Termination of the Agreement unilaterally is carried out only at the written request of the Parties within calendar days from the date the Party receives such a request. 7.3.

If the vehicle is returned to the Client on time, the deposit is returned in full. The lessor reserves the right to withhold the amount of the deposit taking into account the actual time of rental of the vehicle.

The Sublessor is obliged to return to the Sublessee part of the sublease already received upon the early return of the vehicle by the Sublessee.

Sublease agreement for a car without a crew

1. The rental of vehicles was known to domestic legislation earlier, but the Civil Code of the RSFSR of 1964 did not distinguish this type of property rental. In ch. 34 of the current Civil Code, these relations are specifically regulated by § 3 “Rental of vehicles”, which includes two sections providing for the rental of a vehicle with the provision of management and technical operation services (with a crew) and the rental of a vehicle without the provision of such services (without a crew) .

Despite the fact that § 3 ch. 34 of the Civil Code does not contain general rules that unite both types of vehicle rental; it is possible to highlight the features inherent in one and the other type of this agreement.

Firstly, the subject of the contract is a vehicle, which requires control and proper technical operation by a qualified crew. Regulations § 3 ch. 34 Civil Codes are primarily in demand for the rental of sea, river and aircraft. Of course, they do not apply to the rental of motorcycles, bicycles, snowmobiles and similar vehicles. Relations regarding their property rental are regulated by the General Provisions on Lease (§ 1 of Chapter 34 of the Civil Code of the Russian Federation) or the norms of § 2 of this chapter, if the lessor is a rental organization that is constantly engaged in this type of business activity (clause 1 of Article 626 of the Civil Code of the Russian Federation) .

Textbook “Civil Law: In 2 volumes. Volume II. Half volume 1" (edited by E.A. Sukhanov) is included in the information bank according to the publication - Wolters Kluwer, 2004 (second edition, revised and expanded).

The mentioned feature of the contract (the need for qualified control of the vehicle and its technical operation) is noted by V.V. Vitryansky (see: Braginsky M.I., Vitryansky V.V. Contract law. Book two: Agreements on the transfer of property. M., 2002. P. 505 - 506). Other authors do not indicate it as a qualifying feature, considering that the subject of this agreement are technical devices capable of moving in space and intended for transporting goods, passengers, luggage or towing objects, the use of which is regulated by transport charters and codes (Civil Law: B 2 volumes. Volume II. Semi-volume 1: Textbook / Edited by E. A. Sukhanov. M., 2000. P. 389. Author of the chapter - V. S. Em). The third group of authors further expands the subject of the agreement under consideration, referring to it all vehicles capable of moving in space, determined by existing types of transport, including horse-drawn ones (Commentary to the Civil Code of the Russian Federation. Part two (item-by-item) / Ed. A by A. P. Sergeev and Y. K. Tolstoy, M., 2003, p. 282. The author of the chapter is A. A. Ivanov). The lack of a uniform understanding of the subject of a given agreement may, in practice, give rise to different qualifications of the same relationship (for example, for the rental of cars, vans, trailers).

Secondly, the transfer of the vehicle into the possession and use of the lessee. Even when the vehicle is driven and technically operated by members of the lessor’s crew, the right of ownership of the subject of the contract belongs to the lessee, since it is he who carries out its commercial operation.

Thirdly, the intended use of the subject of the contract: the vehicle is rented for the transportation of passengers, cargo, mail, luggage and towing. The lessee can sublease the vehicle without changing its intended use specified in the agreement.

2. The peculiarity of the lease agreement for a vehicle with a crew, reflected in Part 1 of Art. 632, is that the lessor, on his own, provides the lessee with services for managing the subject of the agreement and its technical operation. This introduces an element of a service contract into the legal relationship between the parties, but does not turn the contract in question into a mixed one (as is sometimes noted in the legal literature), since the relations of the parties on the issues of driving a vehicle and its technical operation are not regulated by Ch. 39 of the Civil Code, but are covered by the norms of § 3 Ch. 34 Civil Code.

3. In paragraph 1 of Art. 632, the rental agreement for a vehicle with a crew (time charter) is formulated as real. Meanwhile, a type of this agreement used in maritime transport is the chartering of a vessel for a time (time charter) - according to Art. 198 KTM has a consensual agreement model. It seems that the consensual nature of the agreement largely guarantees stability in the position of the tenant and the landlord.

4. Paragraph 3 ch. 34 of the Civil Code contains a number of rules that change the general provisions on rent. One of these norms is Part 2 of Art. 632. It abolishes the general rule regarding the renewal of a contract for an indefinite period. Of course, this does not prevent the parties from entering into a new contractual relationship, however, if the tenant is denied this and the agreement is concluded with another person, the tenant has no right to demand in court that the rights and obligations under the newly concluded agreement be transferred to himself.

Contents and termination of the vehicle rental agreement

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The obligations of the lessor under the lease agreement for a vehicle with crew have the following specifics. Firstly, the lessor is obliged to provide the lessee with a vehicle in a condition suitable for its immediate use for its intended purpose in accordance with the terms of the agreement, and to staff the vehicle with a crew.

In particular, in paragraph 1 of Art. 203 of the Code of Labor Regulations establishes that the shipowner is obliged to bring the ship into a seaworthy condition by the time it is delivered to the charterer, i.e. take measures to ensure the suitability of the vessel (its hull, engine and equipment), its manning and proper equipment. The composition of the crew and its qualifications must comply with the necessary laws (for example, the rules of Chapter V of the KVVT - for the crew of inland water transport), standards and (or) terms of the contract, as well as the requirements of normal practice in operating a vehicle of this type.

This obligation must be fulfilled within the period established by the contract or within a reasonable time.
If it is not fulfilled, the lessee has the right to demand from the lessor this vehicle and compensation for losses caused by the delay in execution, or compensation for losses caused by its non-fulfillment (clause 3 of Article 611 of the Civil Code). Secondly, during the entire rental period, the lessor is obliged to maintain the proper condition of the vehicle, providing all necessary materials and accessories and replacing worn parts and mechanisms, carrying out routine and major repairs (Article 634 of the Civil Code).
This obligation, by the way, is imperatively enshrined in the law, corresponds to the essence of the agreement itself, because the lessor takes care of the technical operation of the vehicle. The scope of the obligation to maintain the proper condition of the vehicle, with some degree of conditionality, can also include the implementation of the necessary permitting procedures with regulatory authorities. If the obligation in question is not fulfilled, the tenant has the right, at his own discretion, to make repairs and recover its cost from the lessor or set it off against the rent, or demand a corresponding reduction in the rent or termination of the contract and compensation for damages. Thirdly, the lessor is obliged to provide the lessee with services for the management and technical operation of the vehicle, which should ensure its normal and safe use (Article 636 of the Civil Code).
At the same time, the crew members are employees of the lessor and in any case obey his orders given in fulfillment of this duty (this is indicated, for example, in Article 206 of the Code of Labor Regulations). The costs of maintaining the crew (wages, provisions, drinking water, special clothing, consular fees) are also borne by the lessor, unless otherwise provided by the contract. Fourthly, the lessor is obliged to follow the instructions of the lessee given for the purpose of commercial operation of the vehicle.
Commercial operation is an activity directly or indirectly aimed at generating income for the tenant through the use of a vehicle and not burdened with concerns about ensuring its technical serviceability * (256). In other words, issues of profitability of operating a vehicle fall on the lessee, and issues of technical use fall on the lessor. Commercial operation includes, for example, consideration and approval of the method of placing cargo, its loading and unloading, monitoring the rational use of time, choosing the optimal route for the vehicle, time and place of departure and parking, negotiations with counterparties, port, customs, sanitary services*(257). If the lessee's instructions cannot be followed due to the requirements for the safe operation of the vehicle, the lessor's employees have the right not to carry them out. Fifthly, the lessor is obliged to bear responsibility for damage caused to third parties by the rented vehicle, its mechanisms, and equipment. The imposition of such an obligation, by the way, imperative in nature, on the lessor is justified by the fact that it is he who drives the vehicle. Exemption from liability or a reduction in its size is possible only if harm occurs due to force majeure or intent or gross negligence of the victim. Therefore, even if the damage was caused by the tenant, the landlord is responsible. At the same time, the lessor has the right to make a recourse claim against the lessee for the return of amounts paid to third parties if he proves that the damage was caused by the fault of the lessee (Article 640 of the Civil Code). In this case, the law establishes an exception to the general rule of paragraph 2 of Art. 1064 of the Civil Code, according to which the guilt of the harm-doer is presumed.

Sixthly, it is the lessor, unless otherwise provided by the contract, who is obliged at his own expense to insure the vehicle and (or) liability for damage that may be caused in connection with its operation in cases where such insurance is mandatory by law *( 258) or agreement (Article 637 of the Civil Code).
The obligations of the lessee under the lease agreement for a vehicle with crew are characterized by the following features.
The lessee is obliged to: use the vehicle in accordance with the terms of the agreement and the purpose of the vehicle;
pay rent (freight) on time.
The fulfillment of this duty is not dependent on the efficient use of the vehicle; Moreover, even when a suitable vehicle is unproductively idle, the lessee is obliged to pay rent. Moreover, if the payment of rent is overdue for more than 14 days in merchant shipping and 15 days in inland navigation, the lessor has the right to unilaterally withdraw from the contract without prior warning to the lessee, seize the vessel and recover from the lessee damages caused by the delay (Article 208 of the Code of Criminal Procedure, Article 65 KVVT). This is an exception to the general rule of Art. 619 of the Civil Code that the landlord must first warn the tenant of his intention to terminate the contract, which will be done only if the rent is not paid more than two times in a row and only in court; bear expenses arising in connection with the commercial operation of the vehicle, including the cost of paying for fuel and other materials consumed during operation and paying fees, unless otherwise provided by the contract (Article 636 of the Civil Code).
compensate the lessor for losses caused by loss or damage to the vehicle if the lessor proves that they occurred due to circumstances for which the lessee is responsible in accordance with the law or the lease agreement.
At the same time, the risk of accidental death or damage to the vehicle lies with the lessor, unless otherwise provided by the contract (Article 639 of the Civil Code); upon expiration of the stipulated period, return the vehicle.
For some types of transport, taking into account their characteristics, business practice establishes an additional, preferential time for return. For example, due to the difficulties of returning the vessel on the last day due to possible delays in the last voyage, additional time (margin) is added to the main return period of the vessel. Payment for the use of the vessel during this period is made at the market freight rate, if it is greater than the rental fee (Article 204 of the KTM). In addition, in this case, the lessor has the right to demand compensation for losses. As for the contents of the lease agreement for a bareboat vehicle, the main responsibilities of the lessor listed above in relation to the lease agreement for a vehicle with crew (second to sixth) are transferred to the lessee.
Termination of a vehicle rental agreement is generally subject to the general rules regarding rental agreements.