MY WAY d.o.o. (referred to as “MY WAY”, “Lessor”, “we”, “us” or “our”) rents the vehicle identified overleaf to you as a Renter (and/or driver or you or your) subject to this Rental Agreement and also subject to all the information as published in our current and valid Tariff and General Information leaflet available at any of our rental counters. In making this rental you accept all the terms of the Rental Agreement and confirm that you will strictly comply with them.
1. Vehicle delivery and return
The vehicle is supplied to you in good overall and operating condition complete with all necessary documents, parts and accessories and any complaints as to its condition must be made to us immediately, before driving away from our location. You agree to return the vehicle with all documents, parts and accessories and in the same condition to us at the location and on the date and time as designated in this Rental Agreement. If you return the vehicle outside normal business hours you must comply with the out of hours return instructions for that location, in which case you will remain fully responsible for the vehicle until the location re-opens for business. If you fail to comply with these instructions, you will remain responsible for the vehicle until we are able to access it. If at any time we have agreed that you may return the vehicle to a place other than a MY WAY rental location, or if we have agreed to collect it, you will remain fully responsible for the vehicle until it is collected by us. We reserve the right to reposes the vehicle at any time without demand and at Renter’s expense if in our opinion the vehicle is used in breach of any part of this agreement.
2. Conditions of use
Renter is expected to use the vehicle in a responsible manner overall and in particular not use or allow the vehicle to be used:
To carry persons or cargo for remuneration or for sub-renting;
To tow or push any vehicle, trailer or other objects;
Off road or on unsuitable roads; in a race, test or contest;
While Renter or any other driver of the vehicle or a passenger is over-tired, under the influence of alcohol, narcotics or any other substance impairing one’s consciousness or driver’s ability to drive in any way or form;
In contravention of any traffic or other regulations;
By any person other than Renter unless such person has been previously designated and authorised by MY WAY;
Outside the country of rental unless otherwise pre-authorised by our written permission;
In geographical areas which MY WAY defines as restricted.
The charges stated overleaf are as agreed between us in advance and include the basic rental charges, charges for any optional or ancillary services chosen by you, additional charges that may arise from your use of the vehicle during the rental (for example loss of or damage to the vehicle, traffic or parking fines, late return, special delivery/collection, fuel and refuelling service fee and others) and any applicable taxes at the prevailing rate. All charges are calculated in accordance with MY WAY current rates and subject to final calculation after the rental. With your signature on the Rental Agreement, and any other relevant document and also in making this rental, you confirm your agreement with and duty to pay all charges in full. By the same signature you accept for your designated credit card(s) to be debited by us with up to the full value of the final calculation and that the same signature qualifies for the purpose of the so called ‘Signature on File’ transaction without the necessity of a physical presence of the cardholder at the time of charge being authorized/applied. Renter or a driver or any other person guaranteeing payment of rental hereby unconditionally agrees that their credit card given for this purpose may be charged by any amount up to the Total amount due according to the final Rental Agreement calculation.
4. Responsibility for Loss or Damage, Insurance and Deductions
Subject only to any deductions arising from your acceptance of any of the options specified below (Para 4.2a), you will be liable to us for all reasonable losses and costs incurred by us in the event of loss, damage to or theft of the vehicle, its parts or accessories while on rental. Your liability may include the cost of repairs, loss in value of the vehicle, loss of rental income, towing and storage charges and an administration charge, which recovers our costs for handling any claim arising from the damage caused to the vehicle unless responsibility for the damage lies with us or has been determined by a third party or their insurers to lie with the third party. If, in our judgement, any damage makes the vehicle unfit for rental, we will endeavour to repair the vehicle as soon as possible.
4.1. Third party liability insurance
this coverage is automatically provided by us according to the legal regulations and included in the rental charge. Our automobile liability insurance policy meets all legal requirements and protects us, you and any authorized driver against legal claims from any other person for death, injury or damage to any other person’s property caused by use of the vehicle. This may become invalid in case of a breach by you or any authorized driver of any of the terms and conditions of this Rental Agreement, in which case you agree to reimburse us if we are legally obliged to make compensation to a third party or their insurers.
4.2.a Collision Damage Waiver (CDW), Theft Protection (TP), Excess Waiver (Super Cover-SC)
Providing you comply with all the terms of this Rental Agreement and providing the loss, damage or theft is not caused intentionally, or by negligence of you or an authorised driver, or by any other driver, your liability may be limited to Non-Waivable Excess amount as stated on the Rental Agreement. If you accept the optional CDW or TP by paying the daily charge specified, your liability is limited up to the NWE amount. If by paying the daily charge specified you accept the optional Super Cover-SC, your liability for the excess will be eliminated too. You must use the vehicle in a responsible manner, look after it as appropriate, and make sure it is locked, secure and parked in a safe place when not in use, whilst removing any visible valuables. You must use the correct fuel and check the oil and other fluid gauges beyond 1,000 kilometres. Even if taken as an option, the CDW and Super Cover-SC exclude any coverage for, lost keys or vehicle documents, burnt clutch, damage to tires, damage or loss of wheel rim or covers, damage to vehicle chassis due to the car being driven on unsealed roads, any damage due to lack of oil or a result of usage of incorrect fuel, damage to the vehicle interior or any other damage to the vehicle caused by careless usage of the vehicle.
4.2.b Personal Accident Insurance (PAI)
by payment of the daily charge specified, you may accept this optional insurance that provides extra protection and certain benefits for the driver and passengers in the vehicle with respect to accidental death or injury during the rental. The terms and conditions applying to PAI are as per our Insurance Company regulations.
4.2.c Accidents, thefts and vandalism
If Renter violates any of regulations as specified and in particular in the article 5. and/or if the “Police Accident/Damage Report Protocol” is not properly completed, duly signed and submitted to us, any optional coverage such as CDW, TP or Super Cover-SC will be void.
4.3 Any of our insurances are available and apply only to authorized driver and any such person using the vehicle, as stated overleaf and with our authority.
5. Accidents, theft and vandalism
You must report any traffic accident, loss, damage or theft involving the vehicle to the police and to us immediately. A ‘Police Protocol’ duly signed and validated must be obtained and handed to us as soon as possible, together with ‘MY WAY Accident Report’ and insurance company’s ‘Euro Accident Report Form’ (in case of other vehicles involved in the accident). Under no circumstances should you admit any liability, release any party from liability, settle any claim or accept any disclaimer in the event of an accident, but should take names and addresses of all other parties involved as well as of any witnesses. You agree to co-operate with us and our insurers in any investigation or subsequent legal proceedings arising out of any loss of or damage to the vehicle. The renter or any other person is not authorised to arrange any service inspections, repairs, parts exchange or similar, without a written permission by us.
6. Personal Data
Renter acknowledges that personal data relative to this Rental Agreement will be automatically processed and stored in our computer. Renter also consents to this information being used and shared with third parties for the purposes of our legitimate interests, especially for protection of our assets and credit control purposes.
7. Loss of personal property
MY WAY shall not be liable to you or any authorised driver or passenger for loss of or damage to property left in the vehicle or at any of our properties before, during or after the period of rental. By signing this agreement Renter expressly waives all claims towards MY WAY for such loss or damage, unless these resulted from our direct negligence.
8. Court jurisdiction
We aim to resolve all disputes amicably. This agreement is in accordance with the laws of the Republic of Croatia and any unresolved disputes which may arise out of or in connection with this Rental Agreement are subject to the non-exclusive jurisdiction of Croatian courts.