The Terms of the Vehicle Rental ContractWhereas NOVICHENTO LIMITED, a Cyprus private company, with registered office address at Kato Zodias 7, Mesa Geitonia, 4007 Limassol Cyprus and registration number with the Registrar of Companies HE444366 (and for the purposes of the present agreement hereinafter to be referred to as «Novichento» or «Lessor» or «the Company») has as one of its basic activities the rental of Vehicles and whereas that the Lessee wishes to rent a Vehicle from Novichento, the parties have agreed to the following:
1.SUBJECT OF THE AGREEMENT 1.The present Terms of the Vehicle Rental Contracts or “agreement” regulates the general liabilities of the parties related to the rental of a Vehicle that is the property of Novichento. This agreement is an integral part of the Vehicle Rental Contract and should be reviewed and accepted by the Lessee when he/she will rent or lease a Vehicle from Novichento and before proceeding to sign the Vehicle Rental Contract along with the Vehicle’s Condition Report. 2.The specific conditions that shall apply at the time of the rental of the Vehicle that is the property of Novichento, are determined in this agreement along with the Vehicle Rental Contract and Condition Report. These documents include, among others details, information about the rented Vehicle, its equipment, and the monthly/daily rental fees. 3.This agreement, the Vehicle Rental Contract and the Condition Report form a single agreement and regulate in its entirety the rental relationship between Novichento and the Lessee. Wherever in the present agreement, the Vehicle Rental Contract and Condition Report a reference is made to an agreement, without any exclusion, it shall refer to the present agreement, the Vehicle Rental Contract and the Condition Report as unified and inseparable. 2. VEHICLE ORDER PROCESS
Novichento reserves the right to review and update this refund and cancellation policy periodically. 3. DELIVERY – COLLECTION OF VEHICLES
(a)that the Vehicle and its equipment conform to the characteristics contained in its order; (b)that there are no obvious defects in the Vehicle; and (c)that the Company has delivered the Vehicle fully functional and clean. (d)that he has received all the necessary documents together with the Vehicle. 4.Novichento assumes no responsibility for the manufacturing quality, functionality and suitability of the Vehicle for the purposes chosen by the Lessee, as well as for defects or deficiencies of agreed properties, whenever they appear or are established, before or during the lease. The Lessee accepts that it receives the Vehicle “as is” (see 3.3(c) ) from Novichento and it does not warrant or assume any responsibility for any feature or property or defect or deficiency of the Vehicle. The exact condition of the Vehicle is recorded by the parties in the Condition Report, where the parties indicate any damage to the Vehicle during delivery by Novichento. The condition of the Vehicle recorded in the Condition Report is considered by the parties with the signing hereof to reflect the exact condition of the Vehicle and apart from any damage listed in the Condition Report, no other damage exists and Novichento does not recognize any other damage nor is it obliged to recognize anytime in the future. It is noted that Novichento relies on the statements and representations of its suppliers regarding the characteristics and properties of the Vehicle and it is explicitly agreed between the parties that it bears no responsibility in the event that they appear inaccurate or untrue in any way. It is specifically noted, with regard to the mileage of the Vehicle, that Novichento also relies on the statements and representations of its suppliers and bears absolutely no responsibility in the event that they appear to be untrue or inaccurate in any way, nor does it check the accuracy of the statements and representations itself before proceeding with the delivery of the Vehicle to the Lessee. Upon collection of the Vehicle, the mileage is recorded in the Condition Report, as shown by the Vehicle odometer, which will be the basis for all subsequent calculations that continue with the mileage of the Vehicle. The Lessee is obliged to immediately report to Novichento any damage, malfunction or tampering found on the odometer and deliver the Vehicle to a cooperating Novichento workshop or technician for repair. In the event that such damage is found and not declared by the Lessee, Novichento will have the right to terminate the present agreement immediately and without compensation and to claim from the Lessee any damage, that may have been suffered by it. The Lessee may in no case claim paid rents, any form of compensation for any kind of damage or injury, nor generally waive its obligations to Novichento, expressly and unconditionally waiving any amount of set-off or suspension of debts owed. 5.The Lessee is not entitled to install additional equipment, make modifications, improvements, additions, removals, mechanical or aesthetic, of any kind, or to add advertisements on the Vehicle, without the prior written consent of Novichento. If there is such written consent of Novichento, the relevant costs will be borne exclusively by the Lessee. In the event that the Lessee proceeds with the installation of any additional equipment, improvements, additions, removals, mechanical or aesthetic, of any kind and so on, without the written consent of Novichento, then upon return of the Vehicle he/she must proceed to their removal in order to return the Vehicle to the condition received at his own expense only. In the event that this is not possible, then the Lessee will have to pay Novichento a reasonable compensation as a percentage of the current commercial value of the Vehicle, which Novichento will be entitled to calculate at its discretion, after inspecting the delivered Vehicle. 4. USE OF THE VEHICLE
(a) for the purposes of speed racing and I or other racing and related activities, reliability tests, driving lessons, or off-road use. (b) for the carriage of passengers or property for hire or rewards. (c) for the carriage of goods or passengers in breach of any law and / or for illegal purposes (d) For the carriage of passengers beyond the permitted number specified in the manufacturer’s specifications. (e) In non-asphalted road, to propel or tow any other Vehicle or trailer. (f) While overloaded: for example, carrying more passengers than permitted by the registration papers of the Vehicle (g) for illegal purposes or carriage of goods 4. The Lessee remains solely responsible for any undeclared use of the Vehicle. The parties may provide in the Vehicle Rental Contract the possibility of the Vehicle to be used by other persons and must have the driving licenses required by law and generally be competent and suitable for use of the Vehicle in accordance with this agreement. In case the use of the Vehicle is foreseen by persons other than the Lessee, Novichento can increase the rent accordingly in relation to what is stated during the order, which will be specified in the Vehicle Rental Contract. 5. The Lessee is solely responsible for any damage or loss caused by the use of the Vehicle by an unauthorized person, including damage to the Vehicle and third-party Vehicles and third parties. The Lessee expressly acknowledges and accepts that if the Vehicle is used by him/her while intoxicated or under the influence of any kind of drugs or medication for which driving is not recommended or by any third undeclared person, he is solely liable to third parties and Novichento for any damage or loss to third parties or property of third parties and any damage to the leased Vehicle. In such a case the lessee will borne exclusively all the relevant expenses. 6. In the event that, upon return of the Vehicle, cleaning is required beyond the standard cleaning due to fair wear and tear or proper use of the Vehicle, including but not limited to biological cleaning, the Lessee shall be liable for an additional charge of 130 EUR. This charge will be deducted from the deposit (if any) or billed separately to the Lessee or to be charged on a credit card of the Lessee or Payer of the rental amounts or deposit. 7. The Lessee is solely responsible for complying with the manufacturer’s instructions regarding the proper use and maintenance of the Vehicle. The Lessee should not violate the load and capacity limit, nor use the Vehicle for illegal or unsafe and normal uses. The lessee must show due diligence when using the Vehicle and comply with the provisions of the traffic code. The cost of all and any damage caused to the Vehicle from use beyond the usual and provided herein is borne exclusively by the Lessee. If the Vehicle is leased on a monthly or yearly basis, the Lessee is responsible for complying with the maintenance schedule set by Novichento (if any) and any warranty conditions of the manufacturer, as well as to present the Vehicle for the necessary inspection by MOT in accordance with applicable law. Any costs arising from the failure of the Lessee to take care of these obligations or from their improper fulfillment (such as fines, etc.), are borne exclusively by him/her. 8. The Lessee must check and make sure that the oil and water level of the Vehicle engine is always within the limits set by the manufacturer. In addition, the Lessee undertakes and is obliged to immediately stop the Vehicle upon any electronic and / or other indication presented by the Vehicle and report it to Novichento. 9. If the Vehicle is leased on a monthly or yearly basis, it is expressly agreed between the parties that the use of the Vehicle has a monthly mileage limit of one thousand five hundred (1,500) kilometers. The monthly mileage limit is calculated at the end of the agreement cumulatively for all the months it has lasted. Exceeding the monthly kilometer limit will increase the monthly rent of the present agreement, in accordance to the provisions of the Condition Report and Vehicle Rental Contract, depending on the extent of such an excess. 10. Except as expressly provided in any other term hereof, the Lessee shall be liable for all expenses related to the use of the Vehicle, such as fuel costs, or other such expenditure, as specified in 4.2 and 4.3 above. 11. The use of the Vehicle is allowed exclusively within the Unoccupied Territory of the Republic of Cyprus. It Is prohibited for the Vehicle to leave the borders of the Republic of Cyprus in any way and in any case, the use of the Vehicle in the occupied areas of the Republic of Cyprus. In the event of a breach of this term, without prejudice to any other rights of Novichento in connection with damages and / or termination of this agreement, the Lessee will be liable to pay an amount equal to the value of the Vehicle. 12. The Vehicle is rented / leased with a full tank and you the lessee should return the rented Vehicle with the same amount of fuel to avoid a locally determined refueling fee. 5. OTHER SERVICES AND DAMAGES TERMS
Novichento covers the costs related to the mechanical and electrical maintenance and repair of the Vehicle, according to the maintenance schedule of the manufacturer. All maintenance and repairs will be covered by Novichento only upon prior notice by the Lessee and approval by Novichento and scheduling of the time to be carried out between the parties. Expenses not approved by Novichento are in no way covered. Novichento only covers maintenance and repair costs related to the normal use and wear of the Vehicle. Novichento reserves the right to control the costs and inspect the Vehicle and not to approve the payment of costs which, in its best judgment, are not part of the normal maintenance and repair costs or damage caused due to the use of the Vehicle beyond normal use, for the restoration of which will be the sole responsibility of the Lessee. All maintenance and repairs covered by Novichento are performed exclusively by workshops and technicians selected and Indicated to the Lessee by Novichento. Any maintenance or repair by the Lessee through an unauthorized workshop or technician may in no case be covered by Novichento. 2. Both parties expressly agree and accept that without exception, the cost of repairing the damage to following cases are not covered by Novichento or any insurance and will be borne by the Lessee: i.Underside and interior of the Vehicle ii.Tires and wheels iii.Windscreens / glass windows iv.Oil sump v.Loss of vehicle keys and documents vi.Broken front / tail and brake lights vii.Damage due to the lack of oil or as a result of usage of incorrect fuel viii.Damage to the vehicle by being blasted or intentionally burned ix.Damage caused due to influence by alcohol or drugs x.Damage caused by an unauthorized driver xi.Damages caused by off-road driving xii.Damaged caused by a fire to the Vehicle xiii.Theft of the Vehicle Likewise, the parties agree that repairs of Vehicle’s parts such as upholstery, plastic covers, etc., which are not the result of wear _ due to normal use, or an accident covered under this agreement, are the sole responsibility of the Lessee. 3. All of the tires and equipment are in good condition, without punctures. In event of damage to any of them by any cause other than normal wear, the lessee agrees to pay for the replacement of both tires on the same axel. 4. In case of any damages to the Vehicle, a damage administration fee will occur on top of the amount charged for the specific damage. 5. In an event of an accident, an immobilization charge will be applied. This charge is compulsory and will be calculated against the car group and the number of repair days. 6. The parties expressly agree that the covered services do not include the maintenance, repairs, modifications, improvements, additions, etc. done by the Lessee, the washing and polishing of the Vehicle, the internal and external cleaning and the expenses related to the loss of documents, keys or other parts or equipment of the Vehicle. 7. In the event that the Vehicle is leased on a monthly or yearly basis, at the request of the Lessee, Novichento will replace the Vehicle tires in the intervals of use of the Vehicle as recommended by the manufacturer. The exact mileage change of the tires is specified in the Condition Report for the specific Vehicle that is rented. The choice of tires is made exclusively by Novichento based on the manufacturer’s specifications. The tires are replaced by Novichento only during the above mileage intervals. Any other replacement of tires at any time and regardless of its necessity is not covered by Novichento and is the sole responsibility of the Lessee. Any excess wear or damage to the tires may amount to a surcharge by Novichento. 8. Novichento insures the Vehicle for third party liability with the applicable thresholds in accordance with the Cypriot Legislation, as well as for the same losses (mixed insurance) up to the limits that are negotiated with the insurance providers. For any damage beyond the limit of insurance coverage, as provided by the relevant provisions, the Lessee is solely responsible, without any further claim against Novichento or liability. Novichento chooses at its sole discretion the contracting insurance company and is the sole beneficiary of any insurance compensation relating to the Vehicle. Novichento is free to choose the terms of the insurance coverage, which can also be changed freely and without notice to the Lessee during the lease. 9. In the event that the Vehicle is leased on a monthly or yearly basis, all maintenance, repairs, tire changes and in general any additional services provided in terms 5.1., 5.7 and 5.8 are covered by Novichento only on condition that the Vehicle does not exceed the monthly mileage limit as specified in clause 4.9 hereof. In case of exceeding this limit, Novichento does not undertake any obligation to cover the additional services and the Lessee is solely responsible for covering and restoring all maintenance, repairs and so on that may be required to return the Vehicle to its previous condition. 10.In case of any accident event, the Lessee must follow the following steps: a. report the incident directly to the appropriate traffic authorities and to Novichento b. report the incident directly to the insurance company with which the Vehicle is insured c. provide such Information, description and / or assistance in relation to the events of the accident to the competent authorities, Novichento and the insurance company, d. does not make any assumptions and I or assume responsibility before consulting Novichento and the insurance company e. Delivers the completed accident declaration (if any) within one working day of the incident. Any costs arising from the failure to notify such event shall be borne exclusively by the Lessee. In the event of a false or inaccurate statement regarding any of the details of the event or those included in the accident declaration, it will result in the full and exclusive cover of the cost of repairing any kind of damage by the Lessee. In addition, the Lessee is prohibited from giving any instructions for and / or carrying out any repairs of the Vehicle and / or replacement of any of its components without the prior written consent of Novichento. 6. OWNERSHIP OF THE VEHICLE This is only Vehicle lease / rental agreement. The vehicles are always owned by Novichento, or another third party, and the Lessee has no right other than to simply possess and use them under the terms of this agreement, and has no right or authority to transfer ownership of the rented vehicles to third parties, nor to sell, charge, sublet or grant the use (partial or total), with or without consideration of rented vehicles. 7. DETERMINATION AND PAYMENT OF A MONTLY/YEARLY RENT IN THE EVENT OF THE VEHICLE IS LEASED ON A MONTHLY OR YEARLY BASIS
(a) exceeding annual mileage limits as specifically specified in the Condition Report. (b) In case of introduction of new taxes or fees of any kind that are charged to Vehicles and arise during the lease or increase of the amount of existing taxes such as e.g. of road tax. The Lessee will be automatically charged this additional charge with the corresponding increase in the monthly rent. (c) In case of increase of insurance premiums or increase of coverage limits, in which case the Lessee will be charged according to what is mentioned in condition 7.2. (b). (d) In case the General Consumer Price Index, as recorded by the Statistical Service of the Ministry of Finance of the Republic of Cyprus increases by 15% or more over a period of one year. 3. The monthly rent will be paid no later than ten (10) days before the start of each lease month, by deposit in a bank account held by Novichento as indicated to the Lessee or by debit or credit card or paypal or other payment methods that Novichento may accept in the future and indicate to the Lessee. The parties expressly agree that the Lessee, in case of using a credit or debit card or paypal, authorizes Novichento to undertake the amounts corresponding to the monthly rent at the predetermined time, as well as any other overdue debt in this regard, without prior notice and consent of the Lessee. In the event of a debt being disputed, the Lessee will report in writing to Novichento the reasons for refunding all or part of the amount withdrawn, and the parties will work together in good faith to resolve the dispute immediately. Failure to pay the rent on the agreed date, in accordance with the above, causes the Lessee to be charged with default interest calculated on the amount due, gives Novichento the cumulative right to immediately terminate the lease, to terminate the use of the Vehicle by the lessee by remote means deactivation of the Vehicle, while further giving Novichento the right to take action against it on the basis of the possession and ownership rights in the Vehicle, taking over the Vehicle immediately, while at the same time being entitled to file a complaint for the misconduct by the lessee. 8. TERMINATION OF THE AGREEMENT
a.Upon agreement between Novichento and the Lessee for the termination of the agreement; b. In case of the Lessee’s request for purchase of the Vehicle and Novichento agrees for its sale; c. In case of total loss due to theft or damage which is financially unprofitable to repair the leased Vehicle. In such a case, the date of termination of the agreement will be the date when Novichento becomes aware of the confirmation of this loss. d. Upon the death of the Lessee or if it is a legal entity if it is declared bankrupt or liquidated or filed for bankruptcy against the Lessee or submits a declaration of cessation of its payments or is placed under compulsory administration. e. Upon termination of the agreement in accordance with the provisions of the following paragraphs of this term. 2. Novichento reserves the right to terminate the agreement in the event of breach by the Lessee any of the terms of this agreement, as all terms are and are deemed to be of essence, including the term for timely payment of rents. In particular, Novichento has the right to terminate the agreement in case of violation of the term for the use of the Vehicle, as well as when the damage and wear to the leased Vehicle exceed the damage of normal use, when damage, deterioration or in any way interference with the Vehicle’s odometer or tracking system is established, while the parties expressly agree that the Novichento is entitled to terminate the agreement in case of untimely payment by the Lessee of even one monthly rent. The effects of the termination through this term occur automatically and the Lessee is obliged to return the Vehicle to the place indicated by Novichento within twenty four (24) hours, otherwise Novichento is entitled to take over the Vehicle by its own means and cumulatively stop the use of the Vehicle by the lessee by remote means of deactivation. 3. In the event that the Vehicle is leased on a monthly or yearly basis, both the Lessee and Novichento are entitled to terminate the agreement at any time after the delivery and collection of the Vehicle by Novichento, subject to the provisions of clause 4.2. The termination of the lease takes place validly by observing a notice period of at least twenty (20) calendar days from the intended date of termination of the contract. In view of the fact that the rent is monthly or yearly, in case of termination of the agreement by the lessee on any day during the month, the paid or payable monthly rent is not refundable, nor does the lessee have the right to proportionally distribute the monthly rent for the days of the month preceding the complaint. The Lessee owes the total monthly rent, which becomes overdue and receivable as defined in clause 7.3. even if he exercised the right of termination on the first day of the rental month 4. In case of termination of the agreement, in any way except as in the case of term 8.1. (b) hereof, the Lessee is obliged to deliver the Vehicle to Novichento within twenty-four (24) hours from the occurrence of the termination at the point indicated to him. The Vehicle is delivered with the license plates, the key, all the documents (registration certificate, maintenance book, insurance policy, registration lees, technical manual, MOT card and exhaust gas control (if any)), as well as any equipment with which it may have been delivered to the Lessee during the initial delivery, otherwise the Lessee commits the offense of embezzlement. Novichento, among its other rights, has the cumulative right to take over the Vehicle by its own means or to stop the use of the Vehicle by the lessee by remote means with deactivation. At the same time, the lessee is obliged to pay any amounts due, with interest in accordance with the current default interest, as well as any expenses incurred by Novichento. 9. RETURN OF THE VEHICLE
10. DURATION This agreement will be terminated in the ways provided herein, unless otherwise agreed by a new agreement of the parties. In any other case it will be terminated automatically as soon as the Vehicle in question completes the 12th (twelfth) year from its first registration in any country in the world, unless the Vehicle is replaced by another less than 12 years, by mutual consent of the parties. This agreement will be reflected in a new Condition Report and/or Vehicle Rental Agreement signed by the parties and otherwise the terms of this agreement continue to apply in full, without affecting their validity in the lease from this change. 11. NOTIFICATIONS Any necessary notification of one party to the other should only be made by registered mail or e-mail to and from the e-mail addresses and registered or residence addresses stated herein, unless one of the parties has changed its address and given written notice to the other part. 12. RESIGNATION
13. JURISDICTION AND APPLICABLE LAW These terms, the Vehicle Rental Contract, the Condition Report and the relevan Policies are governed by the Law of the Republic of Cyprus. Any dispute that may arise, which cannot be resolved out of court by the parties, will be resolved exclusively by the competent District Court. 14. GPS TRACKING SERVICES The Lessee acknowledges and agrees that Novichento, its partners, or third-party service providers may have installed a GPS tracking device in the rented Vehicle for the purpose of monitoring Vehicle location, usage, and maintenance and safety reasons. The Lessee further acknowledges that his/her personal data, including location data, will be processed (as defined under the General Data Protection Regulation (GDPR)) in accordance with the provisions outlined in the Privacy Policy and in Vehicle User Data Processing Policy found at www.novichento.com. The Lessee consents to such data processing and understands that Novichento will treat his/her data in compliance with applicable data protection laws and regulations. 15. FINAL PROVISIONS
16. DECLARATION OF CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA For Novichento, the protection of the Personal Data of our customers and partners and the respect of the privacy of the individual is an obvious commitment and the company takes all necessary measures to collect and process personal data in accordance with the General Regulation on Data Protection (EU) 679/2016 and other applicable legislation. We take all the necessary organizational and technical measures required to ensure the security, availability and validity of the data of our customers and partners. It is very important for us that this strong commitment is clear to all our customers and partners. That is why we have created this “Privacy Policy” which describes and explains what kind of personal data we collect from our clients and partners, how we manage it and where it can be used. Please take some time to study and understand this update. |