lease agreement vehicle a civil law contract is recognized, according to which one party transfers movable property to the other for temporary use. The vehicle can be transferred with or without a driving service, which affects the type of contract that must be drawn up.
Civil Code highlights certain types of lease agreements and lease agreements for certain types of property. It may seem that a vehicle lease is only classified as a lease of a special type of property and does not constitute separate view contracts. However, upon closer examination of this issue, it becomes clear that such agreements can be classified as separate types.
Every contract is made up of set of agreed conditions reflecting the rights and obligations of the parties. A separate type represents conditions that are mandatory for agreement, because without this the document cannot be considered concluded.
The conditions fixed at the legislative level, the conclusion of which is sufficient for the emergence of contractual obligations, include:
- about the subject of the contract;
- fixed at the legislative level;
- Without which given type the contract cannot be concluded;
- put forward as mandatory by one of the counterparties.
If we consider the rental of transport, we can distinguish the following items of the contract: the vehicle itself and its management (depending on whether such services are provided). Devices that are designed to transport people, cargo or equipment (cars, motorcycles, tractors, various ships, aircraft) can act as vehicles.
In some cases, essential conditions are enshrined in regulatory legal acts. For vehicle rental similar condition you can name the norms for the delivery of the vessel for the time specified in the KTM.
Often, the parties express a desire to include special conditions in the document, without which, in their opinion, it is impossible to sign an agreement. With regard to vehicles, one can give an example of including a clause in the agreement that the car must be returned to the owner in a clean state (after washing).
Regulatory documents
The main regulatory act that regulates the process of renting a vehicle is the Civil Code Russian Federation, namely, chapter 34 called "Rent". This chapter also includes information on the rental, rental of real estate and enterprises,.
As for the means of transportation, for this direction there is a separate paragraph No. 3 of the chapter, which is divided into two parts: concerning the transfer for temporary use of transport with a crew and related to agreements that exclude the presence of a crew. In addition to the code, the direction of vehicle rental is regulated by the Consumer Rights Protection Law. However, this requires that the rental of vehicles is carried out for their own needs and is not related to doing business.
Classification
According to the Civil Code, contracts for the transfer of vehicles for temporary use can be two kinds:
- implying the availability of transport management services;
- without a crew.
In the first case, the lessor is obliged to transfer the vehicle to the lessee for use, and the management and maintenance functions remain with him. Also, the owner of the transport must produce the following actions:
- monitor the correct condition of the vehicle, carry out related procedures;
- pay and perform other managerial actions with the crew;
- insure the vehicle.
In turn, the person accepting movable property into temporary ownership must bear the costs of the consumables(fuel, technical fluids). Transferring transport to .
In the second case, one side transfers the transport to the other, while not assuming control functions. With such agreements, some of the mandatory functions are transferred to the person who takes possession of the property, for example:
- maintaining the proper technical condition of the vehicle;
- property insurance.
Naturally, in this case, the person who receives the movable property is obliged to carry out the movement of this transport on his own.
Peculiarities
For contracts excluding crew services, the following is typical:
- The lessee of the vehicle has the right, without the consent of the present owner, to enter into sublease transactions and transfer the vehicle for temporary use to other counterparties. Such a right may be excluded if the lease document contains special item prohibiting the sublease of vehicles. It is noteworthy that for the lease of other property, the Civil Code provided for another rule - the transfer of ownership rights to third parties is impossible without the consent of the present owner.
- With the help of the subject of the contract, the Lessee may carry out commercial activities related to the conclusion of agreements with third parties, for example, for the carriage of goods. The tenant is deprived of such a right only if there is a clause in the document prohibiting these actions.
- Maintaining the proper condition of movable property (implementation of the current and overhaul). In cases where there are no relevant clauses in the contract, the person who operates it is obliged to maintain the transport. In accordance with the general principles of the lease, the overhaul must be carried out by the present owner.
- It is necessary to draw up an agreement on renting a vehicle in a simple written form, and there is no need to register it.
- By general principles the tenant who performed his duties in good faith, when concluding a new contract, enjoys an advantage over other applicants. With regard to agreements for the lease of movable property, this rule does not apply here, and the owner is free to follow his own thoughts about the conclusion of a new lease document.
According to article 643 of the Civil Code of the Russian Federation, a vehicle lease agreement without a crew must be drawn up in writing. General rules, which the owner must perform, are as follows:
- The owner is obliged to hand over the vehicle to the lessee within the time limit stipulated by the conditions agreements. For bareboat leases, this obligation is waived as the party that will operate the property does so itself.
- Together with the subject of the contract, all Required documents and accessories.
- The transferred vehicle must be in good condition.
- The tenant must be warned about the rights of third parties to the transferred property.
General responsibilities of the tenant under the contract:
- Responsible for timely payment of services.
- Must keep property in good condition. Current and major repairs, according to the Civil Code of the Russian Federation, are obliged to be carried out by the party renting a vehicle without a crew.
- After the expiration of the period specified in the document, the tenant is obliged to return the transport.
- The operation of the vehicle must be carried out in accordance with the terms of the contract.
The obligations that the tenant bears under paragraph 3 of Chapter 34 of the Civil Code of the Russian Federation:
- operation of the vehicle, including its management;
- expenses for the maintenance of transport are imposed (insurance and other investments arising over the period of ownership).
Failure to comply with vehicle insurance requirements may result in the following actions by the lessor:
- Making a claim, ignoring which will lead to termination of the agreement, according to general requirements rent.
- Claims for insurance through the court or insurance on their own. In the latter case, in judicial order You can claim reimbursement for insurance costs.
- If there was an attack insured event, the landlord may require the tenant to compensate for the losses that have arisen as a result of this.
What does it look like
Such an agreement, like other lease agreements, has a standard structure. Consider the clauses of the contract of such an agreement:
- Common data. At the beginning of the contract, the number of the contract, the place and time where it was concluded are indicated. In addition, the parties are indicated (, full name of the head, on the basis of which document it acts) and their willingness to conclude an agreement.
- Subject of the contract. This item contains information about the vehicle, its technical condition and the purposes for which it will be used.
- The term of the contract reflects the period of time in which the transport will be operated.
- Rights and obligations of the parties. This paragraph describes in detail the obligations of the parties related to the transfer, operation, payment and other nuances of the transaction.
- The handover order reflects how the vehicle will be handed over at the beginning and end of its life.
- The settlement procedure contains information on the cost of payment, the timing and methods of its provision.
- The responsibilities of the parties indicate the sanctions that may be imposed by the parties in case of improper performance of their obligations.
- Termination of the contract. This paragraph establishes how the procedure for terminating the contractual relationship will be organized.
- Dispute resolution. This paragraph indicates the procedure for pre-trial settlement, establishes whether this type of permission is mandatory.
- Force Majeure. This paragraph of the document indicates whether failure to fulfill obligations due to force majeure (fire, flood, etc.) is the basis for exemption from liability.
- Other conditions. The clause indicates whether there are other agreements between the parties.
- Details of the parties.
- Signatures of the parties.
This video discusses a simple vehicle rental agreement without a crew.
The term of the contract for the lease of vehicles without a crew. The term in the contract for the lease of vehicles without a crew does not apply to essential conditions. Therefore, it may or may not be defined in the contract.
The lessor may be the owner of the property or a person authorized by the owner (representative by proxy, attorney under a contract of agency, etc.).
In some cases, the landlord needs a license. The tenant may be capable subjects of civil law. The legislator has not established any specifics in relation to the tenant in the lease agreement for vehicles without a crew.
Form of agreement for the lease of vehicles without a crew.
According to Art. 643 of the Civil Code of the Russian Federation, a lease agreement for a vehicle with a crew, regardless of its term, must be concluded in writing, non-compliance with which does not entail the invalidity of the agreement.
The rules of paragraph 2 of Art. 609 of the Civil Code of the Russian Federation on state registration real estate lease agreements (Article 643 of the Civil Code of the Russian Federation).
Obligations of the lessor under the lease of vehicles without a crew.
The lessor under the contract for the lease of vehicles without a crew bears general duties, provided for the lease agreement (§ 1 of Chapter 34 of the Civil Code of the Russian Federation), considered by us in Chapter 12 and not requiring re-analysis. Thus, the landlord must:
1. Transfer the leased vehicle on time (due to the real nature of the lease of vehicles without a crew, in fact, the lessor does not bear this obligation).
2. Hand over the vehicle together with all accessories and related documents.
3. Hand over the vehicle in proper condition.
4. Warn the lessee about all the rights of third parties to the vehicle being rented.
As well as in the lease agreement for a vehicle with a crew, the lessee in the lease agreement for a vehicle without a crew is granted the rights to:
- without the consent of the lessor to sublease the vehicle (clause 1 of article 647 of the Civil Code of the Russian Federation). The lease agreement may provide for the need to obtain the consent of the lessor to sublease;
- without the consent of the lessor, on its own behalf, conclude transportation agreements and other agreements with third parties, if they do not contradict the purposes of using the vehicle specified in the lease agreement, and if such purposes are not established, the purpose of the vehicle (clause 2 of article 647 of the Civil Code of the Russian Federation) .
Obligations of the lessee under the contract for the lease of vehicles without a crew.
On the one hand, the tenant under the lease agreement for vehicles without a crew bears the general obligations provided for in the lease agreement (§ 1 of Chapter 34 of the Civil Code of the Russian Federation), which we considered in Chapter 12 and do not need to be re-analyzed. Thus, the tenant must:
1. Use the vehicle in accordance with the terms of the contract.
2. Timely pay the rent for the use of the vehicle.
3. Maintain the proper condition of the rented vehicle (at the same time, Article 644 of the Civil Code of the Russian Federation requires the tenant to carry out both current and major repairs - this is the peculiarity of the contract).
4. Upon termination of the lease agreement, return the vehicle.
On the other hand, along with the general, the tenant also bears additional obligations. Yes, he must:
5. Carry out the management of the rented vehicle and its operation, both commercial and technical, on its own.
The fulfillment of this duty, enshrined in Art. 645 of the Civil Code of the Russian Federation, the tenant can carry out both personally and by hiring a crew to operate the vehicle.
The consequences of failure to fulfill this obligation are simple: the landlord will not fulfill this obligation for the tenant. That is, the vehicle, for example, will simply stand in the tenant's garage.
6. Bear the cost of maintaining the vehicle.
According to Art. 646 of the Civil Code of the Russian Federation, the lessee bears the costs of maintaining the rented vehicle, its insurance, including insurance of its liability, as well as the costs arising in connection with its operation.
This norm is dispositive, in the contract the parties may provide for a different procedure for the implementation of expenses for the maintenance of the vehicle.
In contrast to the lease of a vehicle with a crew, in a lease of a vehicle without a crew, the obligation of the lessee to carry out insurance is not related to the recognition of insurance as mandatory in law or in the contract. That is, the lessor has the right to require the lessee to conclude a contract for vehicle insurance and civil liability under any circumstances, except for the situation when this is expressly excluded by the contract.
If the tenant fails to fulfill the obligation to maintain the rented vehicle, insure it, as well as to incur expenses arising in connection with its operation, the lessor has the right:
- demand termination of the contract (subclause 1, article 619 of the Civil Code of the Russian Federation). At the same time, the lessor, before presenting a request for termination of the contract, is obliged to send the tenant a written warning about the need to fulfill his obligations within a reasonable time (paragraph 7 of article 619 of the Civil Code of the Russian Federation);
- demand in court the implementation of insurance (if the lessor is the beneficiary);
- upon the occurrence of an insured event, demand payment of amounts under the same conditions on which it should have been paid insurance compensation with proper insurance (if the lessor is the beneficiary);
- insure the vehicle and claim compensation for the amount of the insurance premium;
- demand the application of liability measures (compensation for losses, payment of interest in accordance with Article 395 of the Civil Code of the Russian Federation on amounts unjustifiably saved due to failure to fulfill the insurance obligation. In addition, the unjustifiably saved amounts themselves can be recovered at the claim of Rosstrakhnadzor).
Liability for damage caused to the vehicle. Responsibility for damage caused to the vehicle is borne by the tenant, unless he proves that the damage was not his fault.
Liability for damage caused by the vehicle.
According to Art. 648 of the Civil Code of the Russian Federation, liability for damage caused to third parties by a vehicle, its mechanisms, devices, equipment, is borne by the lessee in accordance with the rules of Chapter 59 of the Civil Code of the Russian Federation.
This rule seems logical, since, by virtue of Art. 1079 CC person owning the source heightened danger, in particular on the right of lease, compensates for the damage.
The grounds for exemption from liability of the tenant may be the presence of force majeure circumstances or intent or gross negligence of the victim, as a result of which damage was caused (clause 1 of article 1079 and article 1083 of the Civil Code of the Russian Federation). In this case, the gross negligence of the victim may become the basis for the release of the tortfeasor from liability if his fault in causing harm is absent. In most cases, the presence of gross negligence of the victim serves as a basis for reducing the amount of compensation, taking into account the degree of his guilt.
The fault of the victim is not taken into account in compensation additional costs(Clause 1, Article 1085 of the Civil Code of the Russian Federation), in case of compensation for harm in connection with the death of the breadwinner (Article 1089 of the Civil Code of the Russian Federation), as well as in case of compensation for burial expenses (Article 1094 of the Civil Code of the Russian Federation).
In order to exempt from civil liability, in a number of cases, in practice, a vehicle lease agreement covers actual labor relations.
Recall that in the event that an accident occurred using company car, i.e. belonging to the organization and used by its employees during the execution official duties, the rule provided for by Art. 1068 of the Civil Code of the Russian Federation: “A legal entity or a citizen compensates for the harm caused by its employee in the performance of labor (service, official) duties” (while having the right to present a recourse claim against the employee).
Therefore, in order to avoid possible liability, employers conclude a vehicle rental agreement instead of an employment contract. In this case, it is assumed that when causing harm to third parties, it is not the employer that is responsible, but the "lessee" as the owner of the vehicle.
Thus, in each specific case, it is necessary to proceed from the actual nature of the relationship, and not from the names of the relevant agreements. And if it is established that the parties were actually in an employment relationship, and they were drawn up by a civil law contract for the lease of a vehicle without a crew, the employer (lessor) should be held liable to third parties for the damage caused.
At the same time, as practice shows, the courts do not always take into account the nature of the relationship that exists at the time of causing harm between the driver and the organization that owns the vehicle, relying in many respects only on the presence of all kinds of powers of attorney, contracts, as a result of which improper subjects are held liable.
So, in the case on the claim of citizens P. and M. against JSC “Vyshnevolotsk enterprise “Agrotrans” (hereinafter - JSC) for compensation for damage caused as a result of a traffic accident (collision of vehicles due to the fault of the driver driving the defendant’s car), by the decision of Preobrazhensky Intermunicipal Court of the East administrative district in Moscow, the claim was denied and the entire amount of the claim was recovered from the driver, to whom the car was transferred under a lease agreement without a crew. canceling this decision, the Presidium of the Moscow City Court rightly pointed out that the court did not consider the possibility of imposing on JSC the obligation to compensate for harm on the grounds established in Art. 1068 GK. Meanwhile, as follows from the case file, in fulfilling his obligations under a civil law contract, the driver acted on the instructions and on behalf of the lessor (at the time of the traffic accident, the car was following the route indicated in the waybill issued to the driver by the defendant; receiving the cargo and calculations were made on behalf of the AO). He also prepared the documentation for the release of the car on the flight, confirming, among other things, the technical serviceability of the vehicle.
In another case, at the suit of citizen Yu. against JSC Taxi Park 18 for compensation for damage caused as a result of an accident (collision of vehicles due to the fault of the driver driving the defendant's car), considered by the Nagatinsk Intermunicipal Court of Moscow, on the contrary, the court of first instance justifiably proceeded not from the name of the contract (lease agreement without a crew) concluded between JSC "18 Taxi Park" and the driver, but from the actual performance of work on the transportation of passengers on the instructions and under the control of the lessor. At the same time, in support of its position, the court referred to the fact that the car was driven by waybill and a license card issued by the landlord, who also produced at his own expense Maintenance car, checking speedometer and taximeter equipment, repair and replacement of components and assemblies. The tenant, in turn, was obliged to serve passengers on established tariffs and carry out orders from the landlord for customer service based on orders. In addition, the tenant had to comply with the work and rest regime established by the lessor, and at the end of the shift, hand over the car to the park. The study of all of the above allowed the court to correctly determine the subject of liability in the person of the lessor, since the driver actually acted as an employee of the taxi fleet.
So, under such circumstances, a person driving a vehicle as a source of increased danger should not be recognized as its owner and should not be held liable to the victim. Responsibility to the victim in such situations should be borne by the owner of the vehicle on whose behalf the driver acted.
The company leases a car without a driver. What are the features of a vehicle rental agreement without a crew?
The tenant company needed transport. You can rent a car with or without a driver. When the company draws up a contract for a car without a driver, this does not include the services of the lessor to drive the car and his technical operation(Article 642 of the Civil Code of the Russian Federation). The costs and responsibility under the lease of a vehicle without a crew lie with the lessee.
Renting a vehicle without a crew: an agreement with a legal entity
In relation to contracts that are drawn up for a car, the following apply:
- general rental rates,
- special rules for leases without a crew.
In particular, according to Art. 621 of the Civil Code of the Russian Federation there are general rules:
- contract can be renewed indefinite term,
- the tenant has a pre-emptive right to renegotiate.
But with regard to lease agreements for vehicles without a crew, these rules do not work (Article 642 of the Civil Code of the Russian Federation). When the contract expires, the tenant company will need to specifically extend it. And the landlord has the right to refuse to do this, since the tenant does not have a pre-emptive right. If the tenant company still needs a deal, it is necessary to agree in advance with the counterparty on the extension of the lease.
Besides, in this case the requirement for mandatory registration of the contract does not apply (Article 643 of the Civil Code of the Russian Federation).
For some types of lease agreements for a vehicle without a crew between legal entities there is a special legal regulation. For example:
- for the charter of a vessel without a crew, they are based on Ch. XI Code of Merchant Shipping of the Russian Federation;
- the lease of a vessel without a crew on inland water transport is concluded taking into account Ch. X Code of Inland Water Transport of the Russian Federation.
When concluding agreements of this type, one must be guided not only by the general rules of the lease, but also by these provisions.
A special rule also applies to the form of a vehicle lease agreement. Such an agreement must be in writing, even if the parties to it - individuals, and the term of the transaction is less than a year (Article 643 of the Civil Code of the Russian Federation). If this rule is violated, the court recognizes the contract as not concluded. Moreover, this is possible even if there is a copy of the contract. A copy of the original must be submitted to the court.
As a general rule, writing does not consist only in signing a single document (Article 434 of the Civil Code of the Russian Federation). But due to the specific judicial practice it is better to conclude a lease agreement without a crew in the form of a single document. Otherwise, the court will have the prerequisites to recognize the contract as not concluded.
When transferring property under a contract, a deed of transfer is drawn up.
Rental agreement for a vehicle without a crew: subject and important conditions
A sign of the conclusion of an agreement is the agreement of all essential conditions(Article 432 of the Civil Code of the Russian Federation). First of all, this is the subject of the contract. In the section on the subject, describe in detail what kind of movable property you are renting (paragraph 1 of article 606 of the Civil Code of the Russian Federation, paragraph 3 of article 607 of the Civil Code of the Russian Federation). When renting one car, specify in the agreement:
- brand,
- state registration mark,
- year of issue,
- number and engine model,
- type and car category,
- body number,
- car color,
- power and displacement of the engine,
- series and number of the vehicle passport,
- allowed maximum weight,
- mass without load,
- vehicle registration number.
If you rent several cars, make an annex to the contract. In the appendix, list all vehicles and for each make a detailed list of data.
What conditions should a tenant include in a lease agreement without a crew?
To reduce the risks of the tenant, include in the lease without a crew the following terms:
- On the limitation of the maximum amount of the penalty. The agreement can specify that in the event of a breach of the contract, the tenant will not have to pay more than the specified amount. If the landlord demands a higher amount, the court will support the tenant and reduce the penalty.
- About exemption from rent payments upon the occurrence of special circumstances. Such a condition in the lease agreement for a vehicle without a crew allows the tenant not to pay in these cases. For example, the car needed repairs through no fault of the tenant. Specify that you do not need to pay for the downtime period. Make sure this item is referenced in the act of leaving the lease.
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Attached files
- Vehicle lease agreement without a crew.doc
CONTRACT
rent a car without a crew
_________ "___" ______________
Hereinafter referred to as the "Lessor", represented by ______________________, acting on the basis of _____________, on the one hand, and ____________________, hereinafter referred to as the "Lessee", represented by ___________________, acting on the basis of ______________________________, on the other hand, have concluded this agreement as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. The LESSOR transfers, and the LESSEE accepts for temporary use a car with the following characteristics:
brand: __________________________________________;
government number: __________________________;
color ___________________________________________;
year of issue _____________________________________;
engine number __________________________________.
2. PROCEDURE FOR RENTING A CAR
2.1. The rented car is transferred to the RENTER
within (not later than) _______________________________ from the date of signing this agreement.
2.2. The transfer of the car for rent is carried out according to the act of transfer.
3. TERM OF RENTAL
3.1. The lease term is from the date of transfer to "___" ___________ _____.
4. RENT AND PAYMENT PROCEDURE
4.1. Rent is established in the amount of _______________________ rubles per month, incl. VAT ___________ rubles.
4.2. The rent is paid in a cashless manner by transfer Money to the LESSOR's settlement account specified in this agreement, no later than _________ day of each ___________ month.
5. RIGHTS AND OBLIGATIONS OF THE LESSOR
5.1. The LESSOR under this agreement undertakes:
Provide a car for rent in a technically sound condition;
Provide the LESSEE with the necessary documentation for the rented car;
5.2. The LESSOR has the right, during the rental period, to check the procedure for using the rented car by the LESSEE.
6. RIGHTS AND OBLIGATIONS OF THE LESSEE
6.1. The LESSEE undertakes:
Make rental payments on time;
Finance and produce on time preventive maintenance And Maintenance rented car;
Eliminate the consequences of accidents and damage to the car that occurred during its operation by the RENTER;
Cover operating costs at your own expense.
6.2. The LESSEE has the right:
To sublease the car at your own discretion without additional agreement with the LESSOR. In this case, the RENTER is responsible to the LESSOR for the car;
Use the vehicle for business purposes.
7. PROCEDURE FOR RETURNING THE CAR TO THE LESSOR
7.1. The car must be returned to the LESSOR at the end of the rental period in good condition, taking into account normal wear and tear that occurred during the period of operation.
7.2. The return of the car is made according to the act.
8. RESPONSIBILITY OF THE PARTIES
8.1. For non-fulfillment or improper fulfillment of their obligations under this agreement, the parties are liable in accordance with applicable law.
8.2. Responsibility for harm caused to third parties by the car, its mechanisms, devices, equipment, is borne by the tenant in accordance with the rules of Chapter 59 of the Civil Code of the Russian Federation.
9. OTHER TERMS
9.1. This agreement is made in two original copies having equal legal force (one for each of the parties).
9.2. This agreement comes into force from the date of commencement of the lease term in accordance with clause 3.1. actual agreement.
9.3. In cases not provided for by this agreement, the parties are guided by the current civil legislation of the Russian Federation.
9.4. Changing the terms of this agreement is possible only in writing by mutual agreement of the parties.
Addresses and details of the parties
Signatures of the parties
A COMMENT:
Features of legal regulation . Under a lease agreement for a vehicle without a crew, the lessor provides the lessee with a vehicle for a fee for temporary possession and use without providing services for its management and its technical operation.
Rules on the renewal of a lease agreement for an indefinite period and on the pre-emptive right of the tenant to conclude a lease agreement new term(Article 621 of the Civil Code of the Russian Federation) do not apply to a lease agreement for a vehicle without a crew (paragraph 2 of Article 642 of the Civil Code of the Russian Federation). It follows from the foregoing that at the end of the contract, the vehicle must be returned to the lessor, and if it is necessary to continue using it, the parties must conclude a new contract or prolong the previous one.
During the entire term of the lease agreement for a vehicle without a crew, the lessee is obliged to maintain the proper condition of the leased vehicle, including the implementation of current and major repairs (Article 644 of the Civil Code of the Russian Federation).
Unless otherwise provided by the rental agreement for a vehicle without a crew, the lessee bears the costs of maintaining the rented vehicle, its insurance, including liability insurance, as well as expenses arising in connection with its operation (Article 646 of the Civil Code of the Russian Federation).
Contract form . The vehicle rental agreement must be concluded in writing, regardless of its term.
Failure to comply with the simple written form of the contract entails its invalidity.
Essential terms of the contract . The contract for the lease of a vehicle without a crew must contain data that makes it possible to definitely identify the vehicle to be transferred to the lessee as an object of lease, i.e. the features of the vehicle are specified (for example, for a car: brand, state number, color, year of manufacture, engine number, etc.).
In the absence of these conditions, the contract is not considered concluded.
G. _________________ ___________________
1. The Subject of the Agreement
1.1. The Lessor transfers for temporary possession and use to the Lessee a vehicle owned by the Lessor. 1.2. Vehicle Features:
- brand -
– register sign –
– an identification number(VIN)-
- type -
– category –
- year of issue -
– engine – no.
- color -
– engine power (kW/hp) –
- vehicle passport -
- vehicle registration certificate - series ____-__________________________- No. .1.3. Installed on the vehicle optional equipment–____________________________________________, payment for the use of which is included in the rent.1.4. The vehicle provided for rent belongs to the Lessor on the right of ownership. 1.5. The rented vehicle will be used by the Lessee for ____________________________ (indicate the ways or directions of using the Vehicle, for example: for the transportation of passengers, cargo, luggage). 1.6. The Lessor is obliged to transfer to the Lessee under the act of acceptance and transfer (Appendix No. 1)
vehicle. The act states: technical condition TS, completeness of the TS, information about the documentation for the TS, other information. 1.7. After the expiration of the contract, the Lessee is obliged to return the vehicle according to the acceptance certificate within 15 days.
2. Rights and Obligations of the parties
2.1. The lessor has the right: 2.1.1. To exercise control over the intended use of the vehicle provided under this agreement and ensure its safety; 2.1.2. Early terminate this agreement in case of delay in payment by the Tenant of the rent within _____________ from the date of payment. 2.2. The lessor is obliged: 2.2.1. Timely transfer to the Lessee the vehicle specified in section 1 of the agreement in a condition that meets the terms of the agreement and provide the documents necessary for its operation; 2.2.2. Maintain the vehicle in a technical condition that ensures its safe operation, carry out current and major repairs of this vehicle, provide it with the necessary spare parts and accessories during the term of the contract; 2.2.3. Provide __________ (advisory, informational, other) assistance in order to make the most efficient use of the rented vehicle; 2.3. The Lessee has the right: 2.3.1. Carry out any lawful actions ensuring the operation of the vehicle in accordance with the objectives of the Lessee; 2.3.2. Conclude civil law agreements with third parties on the use of the vehicle in accordance with the purposes of the Lessee, provided that the fulfillment of the obligations arising from these agreements will not contradict the purpose of the vehicle and the purposes of its use. 2.4. The Lessee is obliged: 2.4.1. Accept the vehicle and use it in accordance with the terms of the contract and the purpose of the vehicle; 2.4.2. Maintain the vehicle in good condition, ensure its safety and completeness; 2.4.3. Bear the costs associated with the operation of the vehicle, its insurance, including insurance of its liability; 2.4.4. Make rental payments on time.; 2.4.5. Return it at the end of the contract in good condition, taking into account normal wear and tear
3. Payment procedure
3.1. Rent for the use of a vehicle _________________________________ rub. monthly.3.2. The tenant is obliged to pay rent monthly no later than _____________ numbers To each month following the billing month.
4. Duration of the contract
4.1. The agreement was concluded for a period of ____________________________ 20__ By _________________ 20__. 4.2. Each of the parties has the right to refuse to perform the contract by notifying the other party in writing no later than ____________________. At the same time, obligations not fulfilled by the time of refusal, including those related to the implementation of repairs, payment of maintenance costs, remain with the parties.
5. Liability of the parties
5.1. For violation of the term for making the rent, the Tenant shall pay to the Landlord a penalty in the amount of ___________________ percent of the outstanding amount for each day of delay.5.2. For violation of the term for the transfer of the car or documents stipulated by the agreement, the Lessor shall pay the Lessee a penalty in the amount of ______________________ percent of the monthly rent for each day of delay.5.3. In case of guilty actions of the Lessee or persons for whose actions he is responsible in accordance with the law or the contract, the vehicle will be destroyed or damaged, the Lessee is obliged to compensate the Lessor for the losses caused by this. 5.4. The obligation to compensate for damage caused to third parties by the vehicle, its mechanisms, devices and equipment in the absence of the Lessee's fault is assigned to the Lessor. At the same time, if the damage occurred due to the fault of the Tenant, then the Landlord has the right to demand compensation from him for the amounts paid in the form of a penalty or compensation for losses to third parties. 5.5. Payment of a penalty (fine, penalty) and compensation for damages do not release the parties from fulfilling their obligations and taking measures aimed at eliminating violations.
6. Dispute Resolution
6.1. Disputes and disagreements that may arise during the execution of this agreement will, if possible, be resolved through negotiations between the parties.
6.2. If it is impossible to resolve disputes through negotiations, the parties shall submit them for consideration to ___________. (indicate the location of the arbitration court)
7. Addresses, signatures and bank details of the parties
The Agreement is made in two copies, having equal legal force, one for each of the parties. Attached to this agreement is ______________________
