Standard car rental agreement from an individual

Sample car rental agreement between a legal entity and an individual

Car rental has now become a fairly common way to use transport without purchasing it. Legal entities also resort to it, renting a vehicle from individuals under a contract. It is important to include in the agreement all the necessary points related to the operation of the vehicle.

There are two types of such contracts: with a crew and without a crew. In the first case, you need to carefully consider the wording of the terms of the document. This must be a car driving service. Otherwise, the relationship will be considered as an employment relationship between you and the organization hiring the vehicle with the driver.

Car rental agreement between a legal entity and an individual : download the form and sample (the agreement includes an acceptance certificate)

Car rental agreement between an organization and an individual with crew : download form and sample

Laws governing rental relations

All issues related to car rental by a legal entity are discussed in paragraph 3 of Chapter 34 of the Civil Code. It outlines the obligations of the parties, forms of agreements, etc. in cases of hiring transport with or without a crew.

The most common situation is renting a car from an individual along with transportation services (crew). Then the lessor is obliged to ensure that a driver with appropriate qualifications is selected to drive the rented vehicle. In this case, the lessor is responsible for ensuring that the driver has all the necessary documents, sufficient skills and proper physical condition (Article 632 of the Civil Code).

All costs that the parties will bear during the operation of the car can be specified in the contract. The lessor is obliged to ensure that the equipment is in good working order, and his employee carrying out the transportation is obliged to obey the orders of the lessor.

In the case of renting a car without a crew (Article 642 of the Civil Code), it is transferred to the use of the lessee without the use of vehicle driving services. Additionally, the tenant undertakes to resolve issues related to:

refueling;
current repairs;
storage.

In fact, he becomes the owner of the car before the expiration of the contract.

Rules for filling out the contract

The contract must be drawn up in writing, indicating all essential conditions:

an accurate description of the subject of the agreement;
parameters for using the vehicle that were agreed upon by both parties;
the amount of rent and the procedure for its payment;
contract time.

It is extremely important to clarify which party will ensure the maintenance of the car, as well as carry out major repairs if necessary. Most often, current repairs are carried out at the expense of the lessee, and major repairs are carried out by the owner of the car. Upon expiration of the contract, the lessee is obliged to return the vehicle in good condition, taking into account the degree of wear and tear.

Filling out a car rental agreement between a legal entity and an individual step by step

This type of agreement is considered quite complex due to the fact that a fairly large number of circumstances and conditions must be taken into account. If you write down all the points as accurately as possible, then if problems arise on either side, they can be resolved in accordance with the points specified in the contract. It is recommended that you draw up the document carefully.

The form of the car rental agreement does not have a legislative basis and is only advisory in nature. It is important to have only a few mandatory conditions that are contained in similar agreements.

The contract must indicate the date, place of drawing up and details of the parties. The legal entity states its full name, director and the basis for its actions on behalf of the organization - on the part of the tenant. The individual indicates the last name, first name and patronymic - on the part of the lessor. A citizen can indicate his passport details and registration address in the preamble.
The main point of a vehicle rental agreement is its subject – a car. Here you should specify the technical and other characteristics of the machine as accurately as possible:

brand, model;
state number;
VIN number;
year of issue;
engine power;
other information supported by the vehicle passport.

PTS details should also be specified in the contract (its series, number, by whom and when issued). If additional equipment is available, please include it in the description.

A separate paragraph indicates that the vehicle belongs to an individual on the basis of ownership and a reference is made to a document confirming it.
The assessment of the value of the subject of the contract also plays a role. The parties have the right to independently agree on it. In case of loss of property, the lessor may claim the amount of damage caused to him in the specified amount.
The agreement specifies the purposes for using the car.
The rights and obligations of the lessor are determined. Responsibilities may include:

provide vehicles within the framework of the concluded agreement;
carry out repairs as necessary (the parties can agree on the scope of repair work to be carried out at one or another expense).

The rights and obligations of the tenant are established. At the same time, he can use the car for the purpose established in the contract. It is permissible to stipulate the moment of sublease of the vehicle.

The tenant is obliged:

bear the costs that arise in connection with the operation of the car;
pay lease payments within the period established in the agreement;
upon expiration of the contract, return the car in good condition.

It is advisable to determine the composition of the costs that will be paid by the tenant and the landlord.

The essential point is the amount of rent and the procedure for settlements between the parties. Here you should indicate the frequency of payment, set the date no later than which it must be credited to the lessor, and the payment method: cash or non-cash.
Contract expiration date.
The document is completed with the details of both parties and signatures.

An integral part of the car rental agreement is the acceptance certificate. Moreover, it is drawn up when the property is transferred from the lessor to the lessee. After the expiration of the agreement, the car is also transferred back according to the act.

Peculiarities

When drawing up a rental agreement for a car with a crew, it is important to take into account the point that the rental relationship is not recognized as an employment relationship. The risk of such a metamorphosis increases when the text of the agreement contains incorrect wording containing labor terminology. Therefore, it is recommended to avoid words that can be regarded as a relationship between employer and employee, for example, “salary”, “tariff scale”, “position”, etc.

The lessor provides the lessee with the technical operation and management of the vehicle. But she is in no way in an employment relationship with him.

The second nuance is related to the payment of personal income tax to the budget on the income received by an individual from renting out a car. An individual entrepreneur acting as a lessor calculates and pays taxes independently.

If a legal entity rents a vehicle from a citizen who is not an individual entrepreneur, then it pays personal income tax on its own, as a tax agent. This must be stated in the text of the agreement, since the lessor will receive payment minus tax.

Car rental agreement

Document type: Vehicle rental agreement

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

Document file size: 8.8 kb

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

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.

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

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)

Sample. Car rental agreement (with an individual)

Information for the document

Today, vehicle rental is becoming increasingly popular. The parties to this agreement can be both individuals and legal entities. Legal relations related to car rental have received careful legislative regulation. In particular, the rental of vehicles is regulated in Chapter 34 of the Civil Code of the Russian Federation. At the same time, some issues are regulated in the paragraph “General Provisions”, and these legal relations are regulated in more detail in paragraph 3 of Chapter 34 of the Civil Code of the Russian Federation - “Rental of Vehicles”.

What features does this type of civil law transaction have and what should you pay attention to when concluding it?

Features of drawing up a receipt

Subject of the agreement

The subject of the contract is a car. This is a vehicle that is designed to transport people, goods or equipment. When concluding a car rental agreement, you must clearly indicate its subject matter. In particular, you must provide the following information:

The above information must be indicated in the text of the contract for the purpose of further identification of the vehicle.

Also in the text of the contract it is necessary to describe the vehicle and indicate the characteristic features (presence of dents, scratches, etc.), if any.

Important! When concluding a vehicle rental agreement, all defects and shortcomings of the vehicle must be indicated in the text of the agreement so that the lessee does not have problems in the future.

What needs to be specified in the contract

When concluding a car rental agreement, it is necessary to indicate which party will maintain the car and carry out major or routine repairs. In practice, the responsibility for carrying out major repairs is mainly borne by the owner of the car, and its current repairs are carried out by the lessee.

The contract must indicate the tenant's obligation to return the car to the owner in good condition, taking into account normal wear and tear.

Important! the contract must indicate the persons who can use the car.

In general, in practice, only the name of the tenant is indicated. This means that no one else can operate the car, and the lessee has no right to transfer it to third parties.

Also in the text of the agreement you need to indicate the purpose of using the vehicle and the amount and time of payment of the rent.

Contract term

The term of the lease agreement is also one of the important points. In particular, the contract must indicate the period for which it is concluded. The period can be specified in either months or years. At the same time, it is also necessary to indicate the possibility of its extension.

The parties must indicate the possibility of terminating the contract earlier than the specified period.

Responsibility of the parties, insurance

In accordance with current legislation, motor vehicle liability insurance is a mandatory condition for operating a vehicle.

Important! the text of the contract must resolve issues related to compulsory motor liability insurance.

In practice, the tenant is responsible for paying the insurance premium. He is the driver of the car and must insure his liability.

Important! the text of the contract must indicate that the tenant is obliged to repair the car in cases where he is the culprit of the accident.

Many owners also prefer to insure their car. In this case, a CASCO insurance contract is concluded. Typically, tenants are responsible for paying insurance premiums. This approach makes it possible to avoid further problems associated with compensation for damage caused to the car.

We strongly recommend that you include in the text of the contract a clause related to CASCO insurance.

If such a clause has not been introduced, then it is necessary to carefully resolve issues related to the responsibility of the parties. In particular, it is necessary to indicate that the lessee bears full responsibility for the safety of the vehicle during the term of the contract and must fully compensate for the damage caused to the vehicle.

Completed sample document

AGREEMENT No. _____
for car rental

_____________ "___" _________ 20___

_______________________________________________, hereinafter referred to as “Tenant”,
(name of enterprise, organization)

represented by ________________________________________________,
(position, surname, first name, patronymic)

acting on the basis of __________________________________________,
(Charter, regulations, power of attorney)

on one side and gr.
__________________________________, we call__ in (last name, first name, patronymic)

hereinafter “Lessor”, on the other hand, have entered into this agreement as follows:

1. The Subject of the Agreement

1.1.
No. ________________________, body No.,
which belongs to the Lessor on the right of private ownership. __________________________, ________________________ colors, license plate number ______________________,
registered with the traffic police of the ____________________________________________ region.

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

2. Terms 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

2.3. The lessee carries out ______________________________ 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 car, 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 undertakes to pay for the car rental _____________________________________________________________________,
(payment procedure: one-time, ___ once a month)

____________________________________________________________________.
(payment amount in words)

4. Duration of the contract

4.1. The agreement was concluded for the period from “___”___________ 20____ to “___” ___________ 20___ and can be extended by the parties by mutual agreement.

5. Responsibility of the parties

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.

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 (in words)

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.

7. Legal addresses and details of the parties

Lessor: ___________________________________________________
transfers (last name, first name, patronymic)

passport series _________________ No.
___________ issued by _______________ _____________________________________________________________________ address: _______________________________________________________________