Individual entrepreneurs, commercial companies and non-profit organizations have the right to rent a vehicle without a crew from a private person. To do this, in 2019 it is necessary to without fail draw up and sign the relevant agreement. A sample of this document and the features of its preparation are described below.
The legal relationship between the landlord and the tenant is mainly regulated by civil law. In particular, it directly reflects the contract for renting a car without a crew. This means that the tenant receives the right to use the car, and the lessor is not obliged to provide services for driving and maintaining the car.
Such an agreement must be in writing, even if the rental itself takes several days. Otherwise, the parties risk getting into undesirable situations, and it will be extremely difficult to protect their rights without a document.
Wherein state registration document (unlike real estate lease for a period of 1 year or more), as well as its notarization are optional. It is enough for the parties to agree on all the terms of the agreement, draw it up and sign it.
The rental object is a car, which must be identified in a number of similar objects (brand description, technical parameters, numbers).
In accordance with the document, the tenant assumes all obligations related to the management and maintenance of the machine.
Payment must be written directly into the text of the contract. Moreover, the size cannot be increased more often than once a year.
As for the term, it is also better to indicate it in the text. However, even if it is not specified, it is considered that the contract is valid indefinitely until at least one party declares its intention to terminate the agreement. This can be done by written notice no later than one month.
The tenant can rent the car to third parties. Therefore, if the owner does not want to provide such an opportunity, the text of the document must directly state a ban on such actions.
Sample contract and drafting rules
The legislation does not impose specific requirements on the form of this document, however, the text of the agreement must necessarily reflect the essential conditions:
- Details of the parties - the landlord and the tenant.
- The subject of the agreement is what kind of car and under what conditions is transferred to the use of the tenant from the owner.
Lease contract
The document includes the following sections:
- General information - the date and place of signing, as well as information about the parties (name, passport details, name legal entity or individual entrepreneur). Not only the owner, but also his representative can act as a lessor. Then it is necessary to indicate his data and refer to the appropriate basis - a notarized power of attorney.
- The subject matter of the contract detailed description car and documents that confirm the ownership of its owner.
- The rights and obligations of each party is the most important section, which should be spelled out in particular detail. It is in the interests of the tenant to receive a technically sound, insured car with complete set documents. It is in the interests of the lessor to indicate that the machine can only be used for its intended purpose without the right to rent to third parties. Separately indicate the procedure for accidents that are not related to insured events.
- Rent, term of the contract, liability of the parties and other conditions.
- Addresses, signatures, transcripts of signatures (surname, initials).
Transfer-acceptance act
The fact of the transfer of the car and related property (tool kit, jack, equipment, rubber mats, tape recorder, etc.) is recorded in the acceptance certificate. This document also needs to be paid attention to, since it not only confirms the fact of the transfer, but also reflects the current state of the machine, its equipment, technical characteristics:
- engine model;
- chassis;
- mileage readings and many others.
Additional agreements
If necessary, the parties may draw up additional agreements to the original document. They can relate to any clause of the contract. Usually additional agreements are signed when changing rent and other conditions.
1. THE SUBJECT OF THE AGREEMENT
1.1. The Lessor provides the Lessee with a temporary possession and use of a vehicle (hereinafter referred to as the Vehicle) without providing services for driving it and its technical operation.
The vehicle is intended for use by the Lessee in its economic activity.
The main characteristics of the Vehicle:
Register sign ;
Identification number (VIN) ;
Brand, model ;
Year of issue ;
1.2. The leased Vehicle is the property of the Lessor, which is confirmed by the Certificate of registration of the vehicle N, issued "" of the year.
1.3. The Lessor guarantees that at the time of conclusion of the Agreement the Vehicle is not in dispute or under arrest, is not a subject of pledge and is not encumbered with other rights of third parties.
1.4. The contract is valid until "" year.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The lessor is obliged:
2.1.1. Prepare the Vehicle for transfer, including drawing up an acceptance certificate, which is an integral part of the Agreement.
2.1.2. Transfer the Vehicle to the Lessee together with all accessories and documentation according to the act within a period of up to "" a year.
2.1.3. Bear insurance costs (select the one you need / if the obligations for insurance of the corresponding type are not assigned to the Lessee / if the obligations for all types of insurance are assigned to the Lessee, this item should be deleted)
2.2. Landlord (select one)
Gives his consent
Does not give consent
To the Lessee for the transfer of the Vehicle for sublease under the terms of the lease agreement vehicle crewed or uncrewed without additional written approval for each such fact.
2.3. The tenant is obliged:
2.3.1. Before signing the acceptance certificate, inspect the Vehicle and check its condition.
2.3.2. Pay rent in the amount, terms and in the manner prescribed by the Agreement.
2.3.3. Maintain the proper condition of the Vehicle, including the implementation of its maintenance and overhaul.
2.3.4. Bear the costs of insurance (select the one you need / if the obligations for insurance of the corresponding type are not assigned to the Lessor / if the obligations for all types of insurance are assigned to the Lessor, this item should be deleted)
Vehicle (casco).
Civil liability of car owners (OSAGO).
Vehicle (casco) and civil liability of car owners (OSAGO).
2.4. Income received by the Lessee as a result of using the Vehicle in accordance with the Agreement is his property.
3. IMPROVEMENTS OF THE RENTED PROPERTY
3.1. Separable improvements made by the Lessee to the Vehicle are the property (select the one you need)
tenant.
Landlord.
3.2. The Lessee has the right, with the consent of the Lessor, to inseparable improvements Vehicle. After termination of the Agreement (select one)
The Landlord shall reimburse the Tenant for the cost of inseparable improvements.
The cost of inseparable improvements to the Tenant is not reimbursed.
4. AMOUNT, TERMS AND PROCEDURE FOR PAYING THE RENT
4.1. The rent for the use of the Vehicle is set in the amount of rubles per month, including VAT.
4.2. Rent paid (select one)
Not later than days after the expiration of the next month.
Not later than days before the beginning of the next month.
In the following order: % of the rent established by clause 4.1 of the Agreement, which amounts to rubles, - no later than the days before the beginning of the next month, % of the rent established by clause 4.1 of the Agreement, which amounts to rubles, - no later than days after the next month.
In accordance with the Payment Schedule, which is an integral part of the Agreement (Appendix No. 1).
5. SUBSEQUENT REPURCHASE OF RENTED PROPERTY
5.1. Tenant (select one)
The right to redeem the Vehicle at the end of the lease term or before its expiration.
Is not entitled to the subsequent purchase of the Vehicle.
(clauses 5.2 - 5.4 are included in the Agreement if, within the framework of clause 5.1 of the Agreement, the Parties have provided for the Lessee's right to redeem the Vehicle, otherwise clauses 5.2 - 5.4 should be deleted)
5.2. When redeeming the Vehicle after the expiration of the lease period, the redemption price is rubles, including VAT rubles
5.3. When repurchasing the Vehicle before the expiration of the lease term, the repurchase price stipulated by clause 5.2 of the Agreement is increased by the amount rental payments for the period from the date of purchase to the end due date rent.
5.4. After paying the redemption price in accordance with clause 5.2 or clause 5.3 of the Agreement, as well as subject to payment of the rent for the entire period of use, the Vehicle becomes the property of the Lessee.
6. RETURN OF THE PROPERTY TO THE LESSOR
6.1. The Lessee is obliged to return the Vehicle to the Lessor in the condition in which he received it, taking into account normal wear and tear, if clause 5.1 of the Agreement does not provide for the Lessee's right to redeem the Vehicle or such a right is provided, but not exercised by the Lessee.
6.2. The Lessee is obliged at his own expense to prepare the Vehicle for return to the Lessor, including drawing up an acceptance certificate, which is an integral part of the Agreement.
6.3. In case of untimely return of the Vehicle, the Lessor has the right to require the Lessee to pay the rent for the entire time of delay. In the event that the specified fee does not cover the losses caused to the Lessor, he may demand their compensation in excess of the amount of the fine established by clause 7.3 of the Agreement.
7. RESPONSIBILITIES OF THE PARTIES
7.1. The Party that has not fulfilled or improperly fulfilled its obligations under the Agreement is obliged to compensate the other Party for the losses caused.
7.2. For late transfer of rent, the Lessor has the right to require the Tenant to pay a penalty (penalty) in the amount of % of the unpaid amount for each day of delay.
7.3. For untimely transfer of the Vehicle, the Party that violated the Agreement will be obliged to pay a fine in the amount of rubles to the other Party
7.4. The collection of penalties and interest does not relieve the Party that violated the Agreement from the performance of obligations in kind.
7.5. In all other cases of non-fulfillment of obligations under the Agreement, the Parties shall be liable in accordance with the current legislation of the Russian Federation.
8. FORCE MAJOR
8.1. The Parties are released from liability for failure to perform or improper performance of obligations under the Agreement in the event of force majeure, that is, extraordinary and unavoidable circumstances under the given conditions, which are understood as: (prohibited actions of the authorities, civil unrest, epidemics, blockade, embargo, earthquakes, floods, fires or other natural disasters).
8.2. In the event of the occurrence of these circumstances, the Party is obliged to notify the other Party within days.
8.3. A document issued (by the Chamber of Commerce and Industry, an authorized state body, etc.) is sufficient evidence of the existence and duration of force majeure.
8.4. If force majeure circumstances continue to operate for more than a month, then each party has the right to terminate the Agreement in unilaterally.
9. DISPUTES RESOLUTION
9.1. The Parties will strive to resolve all possible disputes and disagreements that may arise under the Agreement or in connection with it, through negotiations.
9.2. Disputes not settled through negotiations are referred to the court in the manner prescribed by the current legislation of the Russian Federation.
10. AMENDMENT AND EARLY TERMINATION OF THE AGREEMENT
10.1. All changes and additions to the Agreement are valid if made in writing and signed by both Parties. The relevant additional agreements of the Parties are an integral part of the Agreement.
10.2. The Agreement may be terminated early by agreement of the Parties or at the request of one of the Parties in the manner and on the grounds provided for by the current legislation of the Russian Federation.
11. FINAL PROVISIONS
11.1. The Agreement is made in two copies, one for each of the Parties.
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 the provision of services for its management and its technical operation (part 1 of article 642 of the Civil Code).
As follows from the legislative definition, this agreement regulates exclusively rental relations, that is, it does not include, first of all, obligations to provide possible related services for the management and technical operation of the vehicle.
In accordance with the general characteristics of the legal nature of the lease relationship, the main obligation of the lessor in the vehicle lease agreement is to transfer the vehicle to the lessee. This obligation is a formative lease agreement, without which, as the authors note, it cannot exist 41 .
In addition, the lessor is obliged to provide the subject of the contract in question not only in its constructive basis, but also with the presence of a mandatory set of accessories attached to it (in particular, boats and lifebuoys for sea and river vessels; a first aid kit, a spare wheel and a set of special tools - for vehicles) and documents (passport of the vehicle and vehicle chassis, operating instructions, technical passport, quality certificates, etc.) (clause 2 of article 611 of the Civil Code of the Russian Federation)
The agreement may also provide for the transfer of optional supplies, such as gasoline for a car. In any case, the lessor is obligated to bring the vehicle into a proper condition for operation (for example, into a navigable state - inland waterway vessels, seaworthy sea vessels (Article 124 of the CTM)) by the time it is handed over to the lessee. He must take all measures to ensure the suitability of the vehicle (its hull, engine, other equipment) for the purposes stipulated by the contract.
A distinctive feature of the lease of a vehicle without a crew is the form and place of transfer of the subject of the agreement.
If the place is not determined by legal acts or the contract, does not appear from the customs of business turnover, or the essence of the obligation, the performance must be made in accordance with Article 316 of the Civil Code of the Russian Federation: for an obligation to transfer a vehicle related to real estate, in the place of its location; for obligations to transfer a vehicle providing for transportation at the place of delivery of this property to the first carrier for delivery to the creditor; for other obligations of the lessor - to transfer the vehicle at the place of manufacture or storage of the vehicle, if this place was known to the creditor at the time the obligation arose.
In the foreign practice of chartering for the duration of sea river vessels a special method of transmission place is used - “range”. In accordance with this method, the contract provides that the place of transfer (final port) is determined by the charterer or charterer during the performance of the lease agreement. 42
Based on this agreement, the rights to own and use the vehicle are transferred from the lessor to the lessee. The latter, in all respects - both in matters of commercial and technical operation - is subject to the crew. Crew members are employees of the tenant. Through the crew subordinate to him, the tenant undividedly exercises control over the vehicle, manages it, its operational and technical maintenance. Article 217 of the KTM provides that the charterer of a vessel under a bareboat charter agreement recruits its crew. At the same time, he has the right to complete the crew with persons who were not previously members of the crew of this vessel, or, in accordance with the terms of the bareboat charter, with persons who were part of it, subject to the rules established by Art. 56 KTM. All crew members must comply with the requirements imposed on them by law and other special rules. Irrespective of the manner in which the charterer recruits the crew, the ship's captain and other crew members are subordinate in these cases to the charterer in all respects. In accordance with paragraph 4 of Art. 64 of the Code of Internal water transport the lessee of a vessel without a crew independently and at his own expense carries out its staffing. Crew members must comply with the requirements of the legislation in the field of inland water transport. Attention should also be paid to paragraph 4 of Article 26 of the KVVT, according to which the composition of the crew of a self-propelled transport vessel is established in accordance with the requirements for the operation of vessels of a certain type. They are determined by the regulation approved by the federal executive authority in the field of transport, and are mandatory for leaseholders of ships without a crew. A similar approach should be followed by lessees and other unmanned vehicles.
The tenant also has the full right to use the vehicle. It can be operated by the tenant for the purposes specified in the contract, and in the absence of an indication of such purposes in the contract, arising from the purpose of this vehicle. The tenant bears the risks of such exploitation. However, he receives all the profits from the operation of the vehicle. For example, in maritime transport, the right to remuneration for salvage and assistance at sea by a ship leased without a crew belongs only to the lessee. This is one of the differences between this agreement and the charter of a ship with a crew, according to which such remuneration is distributed equally between the lessor and the lessee.
The full transfer to the tenant of the authority to own and use the vehicle predetermines the payment of the costs of its maintenance. The tenant supplies him with all the necessary supplies, fuel, lubricants, paint, etc. It is the duty of his capital and current repair. Unless otherwise provided by the lease agreement, he bears all operating costs, pays wages and delivers food and necessary supplies to the crew, pays taxes and fees, vehicle insurance costs, including liability insurance. This is an important difference between renting a vehicle without a crew and renting a vehicle with a crew. In the latter case, as shown earlier, payment of remuneration to the crew and their provisions, as well as insurance costs, falls on the lessor.
The tenant is obliged to pay the rent on time. The amount of rent payable to the lessor, the period for which it is paid, and the timing of its transfer are determined by the terms of the agreement. The profitability of the lease does not affect the amount of the fee.
Only in rare cases, the lessee uses the rented vehicle to meet his own needs. As a rule, he carries out the operation of the rented vehicle on the basis of contracts with third parties. He can conclude a vehicle sublease agreement with a third party, providing him with management and technical operation services or sublease without a crew, in both cases the sublease agreement is concluded without the consent of the lessor. Also, without the consent of the latter, the tenant has the right, on his own behalf, to enter into other contractual relations with third parties, acting in relation to them as a towing vehicle or a rescuer, etc. But, entering into contractual relations with third parties, the lessee is bound by the framework of his contract with the lessor, i.e. relations with third parties must correspond to the purposes for which the vehicle is rented. So, if a sea vessel is rented for the transport of passengers, it cannot be used for whaling. If the lease slots are not established in the contract, contracts concluded with third parties should not contradict the purpose of the vehicle; from this point of view, it is impossible, for example, to use a passenger aircraft for agricultural work.
The liability of the lessee to third parties, determined by the terms of the contract of the corresponding type, and the recourse liability of the lessor to the lessee on the basis of a lease agreement for a vehicle without a crew are built according to the same rules as liability under a vehicle lease agreement with a crew. When renting a vehicle without a crew, the lessor acts in relation to third parties as the owner of the source heightened danger. In this regard, he is responsible for the damage caused by the vehicle (its mechanisms, devices, equipment), in accordance with the rules of Chapter 59 of the Civil Code. Since, by virtue of Art. 1079 of the Civil Code, a person who owns a source of increased danger, in particular on a leasehold basis, compensates for the damage, it is quite logical to impose such an obligation on the lessee of a vehicle without a crew. The tenant may be exempted from such liability if he proves that the damage arose as a result of force majeure or the intent of the victim.
Exploring different kinds vehicle lease agreements, based on different classification principles, we can come to the following conclusions:
The rules governing the relations in question in Civil Code are divided into two subparagraphs (depending on the presence or absence of the services provided by the lessor for the management of the vehicle and its technical operation). Absence general provisions vehicle lease introduces significant problems in determining the rules that should be applied when concluding contracts with some features of both a vehicle lease agreement with a crew and a vehicle lease agreement without a crew.
It seems important for each transport industry to develop uniform federal regulatory and legal special criteria for assessing the operational state of a vehicle.
It is necessary to legally fix the right of the tenant to receive consulting assistance from the landlord in maintenance and operation of the vehicle.
1. THE SUBJECT OF THE AGREEMENT
1.1. In accordance with the terms of the Agreement The Lessor undertakes to provide the Lessee with a vehicle/vehicles(hereinafter referred to as the "Vehicle") for a fee for temporary possession and use without the provision of services for its management and for its technical operation.
1.2. The list and main characteristics of the Vehicle are determined by the Parties in the List of vehicles (Appendix No. 1 - List of vehicles to the Agreement), which is an integral part of the Agreement.
1.3. The vehicle is in good condition and meets the requirements for vehicles in use used for the following purposes: .
1.4. The vehicle is used by the Lessee to carry out its business activities.
2. TERM OF THE CONTRACT
2.1. The Agreement comes into force from the date of its signing and is valid until the full performance of their obligations by the Parties.
2.2. The rental period of the Vehicle is set by the Parties in Appendix No. 1.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The landlord undertakes:
3.1.1. Provide the Vehicle to the Lessee in the manner and on the terms of the Agreement.
3.1.2. Provide the Lessee with the Vehicle in a condition that complies with the terms of the Agreement and the purpose of the Vehicle, with all its accessories and related documentation.
3.1.3. Notify the Tenant of all hidden flaws of the Vehicle prior to the transfer of the Vehicle to the Lessee.
3.1.4. Guarantee that the Vehicle will not be claimed from the Lessee due to the presence of any rights to the Vehicle from third parties on the date of conclusion of the Agreement and / or during the entire term of the Agreement.
3.2. The tenant undertakes:
3.2.1. Return the Vehicle to the Lessor in good condition, taking into account normal wear and tear in accordance with the terms of the Agreement.
3.2.2. Ensure the safety of the Vehicle from the moment of transfer of the Vehicle to the Lessee and until the return of the Vehicle to the Lessor.
3.2.3. Use the Vehicle in accordance with the terms of the Agreement and in accordance with the purpose of the Vehicle.
3.2.4. Carry out on their own the management of the Vehicle and its technical operation.
3.2.5. Pay rent in the amount, manner and terms established by the Agreement.
3.2.6. Immediately notify the Lessor of any damage to the Vehicle, an accident or other event that has caused or threatens to cause damage to the Vehicle, and promptly accept all possible measures to prevent, prevent and eliminate the consequences of such situations.
3.2.7. Provide representatives of the Lessor with unhindered access to the Vehicle for its inspection and verification of compliance with the terms of the Agreement.
3.2.8. In case of early termination of the Agreement on the grounds specified in the Agreement, immediately return the Vehicle to the Lessor in proper condition, taking into account normal wear and tear.
3.2.9. Maintain the proper condition of the Vehicle, including the implementation of current and major repairs.
3.3. The landlord has the right:
3.3.1. Give the Lessee written instructions, binding for the Lessee, on the Lessee's taking measures to prevent and eliminate situations arising from the Lessee's improper use of the Vehicle that jeopardizes the safety of the Vehicle.
3.3.2. At any time, check the safety, condition of the Vehicle, as well as its use by the Lessee in accordance with the purpose of the Vehicle.
3.4. The tenant has the right:
3.4.1. If defects are found that completely or partially prevent the use of the Vehicle, the Lessee has the right, at his choice:
- demand from the Lessor either the free elimination of defects in the Vehicle, or a commensurate reduction in the rent, or reimbursement of their expenses for the elimination of defects in the Vehicle;
- directly withhold the amount of expenses incurred by him to eliminate these shortcomings from the rent, having previously notified the Lessor about this;
- demand early termination of the Agreement.
3.4.2. To sublease the Vehicle with the written consent of the Lessor.
3.4.3. Without the consent of the Lessor, within the framework of the commercial operation of the Vehicle, on its own behalf, conclude transportation agreements and other agreements with third parties that do not contradict the purposes of using the Vehicle specified in the Agreement.
3.4.4. Carry out inseparable improvements to the Vehicle only with the written consent of the Lessor.
3.4.5. In the event that the Lessee has made, at his own expense and with the consent of the Lessor, improvements to the Vehicle that are inseparable without harm to the Vehicle, the Lessee is deprived of the right to reimbursement for the cost of these improvements.
3.4.6. Separable improvements to the Vehicle made by the Lessee shall remain the property of the Lessee.
3.5. In order to use the Vehicle under the Agreement, the Lessor undertakes, on its own and at its own expense, to register the Vehicle in the name of the Lessee with the traffic police of the Russian Federation.
3.6. The parties have agreed that the obligation to insure the Vehicle (OSAGO) rests with the Lessor.
3.7. The Parties have agreed that the responsibility for property insurance of the Vehicle (CASCO) is assigned to the Lessor.
3.8. For all insurance payments, the beneficiary is the Lessor.
4. PROCEDURE FOR TRANSFER OF THE VEHICLE
4.1. Place of transfer of the Vehicle for rent: .
4.2. Place of return of the Vehicle: .
4.3. The transfer of the Vehicle to the Lessee for rent and the return of the Vehicle to the Lessor by the Lessee are executed by bilateral acts of acceptance and transfer signed by the Parties or authorized representatives of the Parties. The acts specified in this paragraph of the Agreement are an integral part of the Agreement.
4.4. The risk of accidental loss (damage, spoilage) of the Vehicle is borne by the Lessee from the date of transfer of the Vehicle for rent until it is returned to the Lessor.
5. PAYMENT PROCEDURE
5.1. The Lessee is obliged to pay rent for the use of the Vehicle in the amount, in the manner and within the time limits established by the Agreement.
5.2. The Lessee, no later than five working days from the date of conclusion of this Agreement, pays the rent for the use of the Vehicle in accordance with the terms of the Agreement by prepayment in the amount of rubles, incl. VAT rubles.
5.3. The rest of the rent in the amount of rubles, incl. VAT rubles, the Tenant pays monthly in equal installments no later than the day of each month.
5.4. Method of payment under the Agreement: transfer by the Tenant Money in currency Russian Federation(ruble) to the settlement account of the Lessor. At the same time, the Lessee's obligations in terms of payment under the Agreement are considered fulfilled from the day the money is debited by the Lessee's bank from the Lessee's account.
6. RESPONSIBILITIES OF THE PARTIES
6.1. The Parties shall be liable for non-fulfillment or improper fulfillment of their obligations under the Agreement in accordance with the Agreement and Russian legislation.
6.2. The penalty under the Agreement shall be paid only on the basis of a reasonable written request of the Parties.
6.3. The payment of a penalty does not relieve the Parties from fulfilling their obligations under the Agreement.
6.4. Responsibility of the Lessor:
6.4.1. In case of non-fulfillment or untimely fulfillment of the obligations provided for by any of paragraphs. 3.1.1, 3.1.2 of the Agreement, the Lessor undertakes to pay the Lessee a penalty at the rate of % of the monthly rental payment late, but not more than %.
6.5. Responsibility of the Tenant:
6.5.1. In case of untimely return of the Vehicle or its part by the Lessee, the Lessee undertakes to pay the Lessor the rent for the actual time of using the Vehicle and penalties at the rate of % of the value of the untimely returned Vehicle for each day of delay, but not more than %.
6.5.2. In the event of loss or damage by the Lessee and / or third parties of the Vehicle, the Lessee is obliged to compensate the Lessor for the damage in full and pay the Lessor a fine in the amount of rubles for each such case.
6.5.3. In case of late payment of the rent by the Tenant, the Tenant shall pay to the Landlord a penalty interest at the rate of % of the amount of the unpaid (late payment) of the rent, but not more than %.
6.5.4. In the event of non-performance (improper performance) by the Lessee of the obligations provided for by any of paragraphs. 3.2.3, 3.2.6, 3.2.7, 3.2.8, 3.2.9 of the Agreement, the Lessee shall pay the Lessor a fine in the amount of rubles for each such case.
6.5.5. In the event that the Lessee has subleased the Vehicle, or transferred its rights and obligations under the Agreement to another person (transfer), or provided the Vehicle for free use, or pledged the lease rights, or made them as a contribution to the authorized capital of business partnerships and companies or a share contribution to a production cooperative, or otherwise alienated the Vehicle without the prior written consent of the Lessor, the Lessee shall be liable in the amount of the value of the Vehicle, and (additionally) in the amount of the cost of the rent, which should have been paid by the Lessee, but was not paid by him during the entire rental period of the Vehicle.
7. GROUNDS AND PROCEDURE FOR TERMINATION OF THE AGREEMENT
7.1. The Agreement may be terminated by agreement of the Parties, as well as unilaterally at the written request of one of the Parties on the grounds, stipulated by the Treaty and legislation.
7.2. Termination of the Agreement unilaterally is made only at the written request of the Parties within calendar days from the date of receipt by the Party of such a request.
7.3. The Lessor has the right to terminate the Agreement unilaterally in the following cases:
7.3.1. In the event of a systematic (two or more times) non-performance (improper performance) by the Lessee of the obligations provided for by any of paragraphs. 3.2.2, 3.2.5 of the Agreement.
7.3.2. If the Lessee uses the Vehicle in material violation of the terms of the Agreement or the purpose of the Vehicle.
7.3.3. If the Renter significantly deteriorates the Vehicle.
7.3.4. If the Tenant fails to pay rent more than twice in a row after the expiration of the payment period established by the Agreement.
7.3.5. In the event that the Lessee has subleased the Vehicle, or transferred its rights and obligations under the Agreement to another person (assignment), or provided the Vehicle for free use, or pledged the lease rights, or made them as a contribution to the authorized capital of economic partnerships and companies or a share contribution to a production cooperative, or otherwise alienated the Vehicle without the prior written consent of the Lessor.
7.4. The Lessee has the right to terminate the Agreement unilaterally in the following cases:
7.4.1. In case of non-performance (improper performance) by the Lessor of the obligations provided for by any of paragraphs. 3.1.1 - 3.1.4 of the Agreement.
7.4.2. In case of non-performance (improper performance) by the Lessor of the obligations provided for by any of paragraphs. 3.6, 3.7 of the Agreement.
8. RESOLUTION OF DISPUTES FROM THE CONTRACT
8.1. The claim procedure for pre-trial settlement of disputes from the Agreement is not mandatory for the Parties.
8.2. Claim letters are sent by the Parties by courier or registered by mail with notification of delivery of the latter to the addressee at the location of the Parties specified in clause 12 of the Agreement.
8.3. Sending claim letters by the Parties in any other way than specified in clause 8.2 of the Agreement is not allowed.
8.4. The term for consideration of a claim letter is ten working days from the date of receipt of the latter by the addressee.
8.5. Disputes from the Agreement are resolved in judicial order in the Arbitration Court at the location of the Lessor.
9. FORCE MAJOR
9.1. The Parties are released from liability for full or partial failure to fulfill obligations under the Agreement in the event that the failure to fulfill obligations was the result of force majeure, namely: fire, flood, earthquake, strike, war, actions of public authorities or other circumstances beyond the control of the Parties.
9.2. The Party that cannot fulfill its obligations under the Agreement must promptly, but no later than calendar days after the onset of force majeure circumstances, notify the other Party in writing, with the provision of supporting documents issued by the competent authorities.
9.3. The Parties acknowledge that the insolvency of the Parties is not a force majeure event.
10. OTHER TERMS
10.1. The parties do not have any accompanying verbal agreements. The content of the text of the Agreement fully corresponds to the actual will of the Parties.
10.2. All correspondence on the subject of the Agreement, prior to its conclusion, loses legal force from the date of conclusion of the Agreement.
10.3. The Parties acknowledge that if any of the provisions of the Agreement becomes invalid during the term of its validity due to changes in legislation, the remaining provisions of the Agreement are binding on the Parties during the term of the Agreement.
10.4. The Agreement is drawn up in two original copies in Russian, one for each of the Parties.
11. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES
Landlord
Tenant Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:
12. SIGNATURES OF THE PARTIES
Landlord _________________
Tenant _________________
Please note that the lease agreement is drawn up and checked by lawyers and is exemplary; it can be finalized taking into account the specific terms of the transaction. The Site Administration is not responsible for the validity of this agreement, as well as for its compliance with the requirements of the legislation of the Russian Federation.
Rent a vehicle without a crew
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 (Article 642 of the Civil Code).
A lease agreement for a vehicle without a crew must be concluded in writing, regardless of its term. The rules on registration of contracts do not apply to such an agreement. The tenant during the entire term of the lease agreement is obliged:
Maintain the proper condition of the vehicle, including current and major repairs;
Carry out on their own the management of the vehicle and its operation, both commercial and technical;
Pay for the costs of maintaining the vehicle, its insurance, as well as the costs arising in connection with its operation (unless otherwise provided by the contract).
The tenant is obliged to insure both the vehicle itself and its liability (Article 646 of the Civil Code). Payments under a rental car insurance contract are reflected in the lessee's accounting records as expenses for ordinary activities. As a rule, payment under an insurance contract is made in advance against future periods and is reflected in account 97 "Deferred expenses". Recipient insurance compensation can be either a tenant or a landlord.
A tenant who has entered into a lease agreement for a vehicle without a crew must bear the burden of expenses for the repair and maintenance of the vehicle (Article 644 of the Civil Code). If the lease agreement provides for the obligation to repair the lessee, the costs of repairing the leased fixed assets incurred by the lessee are included in the expenses.
The lessee has the right, without the consent of the lessor, to sublease the rented vehicle on the terms of the vehicle lease agreement with or without a crew. The lessee has the right, without the consent of the lessor, on his own behalf to conclude transportation contracts and other contracts 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.
When renting a vehicle without a crew, if it causes harm to third parties, the lessee is liable (Article 648 of the Civil Code).
The main differences in the legal regulation of vehicle lease agreements with and without a crew
Main differences in legal regulation lease agreements for vehicles with a crew and without a crew, contained in the norms of the Civil Code, are associated with the obligations of the parties for their maintenance, operation, as well as liability for damage caused.
The lessor who leases the vehicle with the provision of services for its management and technical operation is obliged to maintain it in proper condition throughout the term of the contract, including the implementation of both major and current repairs and the provision of necessary accessories (Article 634 of the Civil Code ). When renting a vehicle without a crew, all these responsibilities are assigned to the tenant, who must carry out various types of repairs, maintain the proper condition of the leased property (Article 644 of the Civil Code). These differences are easily explained. The lessee, to whom the vehicle without a crew is transferred, receives it in full possession and use, assuming the responsibility for the implementation of a set of works for its maintenance, maintenance, preservation operational properties. The rules defining the obligations of the parties to carry out the repair of vehicles are formulated as mandatory, and therefore the parties cannot provide for a different distribution in the lease agreement.
The lessor leasing the vehicle with the provision of management and technical operation services must ensure the normal and safe operation it in accordance with the purposes of the lease specified in the contract. Since the goals are different, in some cases - the transportation of passengers, in others - cargo, the use of the vehicle for long period or for one flight, etc., the volume of services provided by the lessor is not the same. The lease agreement may provide for the provision of services that go beyond the technical operation of the vehicle, for example, catering and other passenger services when renting the vessel for tourist purposes, etc.
The safety of vehicle operation largely depends on the qualifications and experience of the persons driving it. The lessor is obliged to staff the crew with appropriate specialists. The composition of the crew and its qualifications must meet current rules and the terms of the contract, and if binding rules such requirements are not established by the requirements of the normal practice of operating a vehicle of this type.
These issues are regulated in detail in transport charters and codes. Persons operating aircraft must comply with the requirements provided for in Ch. VII ("Aviation personnel") and Ch. VIII ("The crew of the aircraft") VK. Article 52 of the VC defines that aviation personnel include persons who have special training and a certificate (certificate) and carrying out activities to ensure the safety of aircraft flights or aviation security, as well as activities to organize, perform and service air transportation and aircraft flights and other air traffic services. In the absence of a certificate, aviation personnel are not allowed to participate in this activity (Article 55 of the VC).
Specific requirements for the relevant persons are established by federal aviation regulations. The activities of aviation personnel are subject to state control (Decree of the Government of the Russian Federation of November 20, 2001 N 801). In the chapter on aircraft crew, Special attention is given to the rights and duties of the commander, who is responsible for reliable operation vessel and flight safety (art. 58 VC).
The requirements for the ship's crew are regulated in detail by the Merchant Shipping Code. According to Art. 54 KTM, persons with diplomas and qualification certificates in accordance with the Regulations on Certification approved by the Government of the Russian Federation are allowed to occupy the positions of crew members. These documents are issued to persons intending to become crew members if they meet the established requirements for length of service on board the ship, age, health status, and professional training.
The requirements for the crew of the ship KVVT (Chapter V) and a number of other legal acts are regulated. In any case, it is necessary that the persons driving the vehicle have documents confirming the passing of qualification exams and allowing them to be driven ( driver license etc.). Corresponding requirements are also imposed on persons who are entrusted with driving a vehicle rented without a crew.
Article 217 of the KTM provides that the charterer of a vessel under a bareboat charter agreement recruits its crew. At the same time, he has the right to complete the crew with persons who were not previously members of the crew of this vessel, or, in accordance with the terms of the bareboat charter, with persons who were part of it, subject to the rules established by Art. 56 KTM. All crew members must comply with the requirements imposed on them by law and other special regulations. Irrespective of the manner in which the charterer recruits the crew, the ship's captain and other crew members are subordinate in these cases to the charterer in all respects.
In accordance with paragraph 4 of Art. 64 KVVT the lessee of a ship without a crew independently and at his own expense carries out its staffing. Crew members must comply with the requirements of legislation in the field of the Code, according to which the composition of the crew of a self-propelled transport vessel is established in accordance with the requirements for the operation of vessels of a certain type. They are indicated in the regulations approved by the federal executive authority in the field of transport, and are mandatory for tenants of an inland water transport vessel of the Russian Federation. You should also pay attention to paragraph 4 of Art. 26 named without crew.
A similar approach should be followed by lessees and other unmanned vehicles.
Of great legal importance is para. 2 p. 2 art. 635 of the Civil Code, which provides that the members of the crew servicing the vehicle leased with the provision of management and technical operation services are employees of the lessor, i.e. are in an employment relationship with the latter. In this regard, in matters related to management and technical operation, crew members are subject to the orders of the lessor. In terms of the commercial operation of the vehicle, the crew must comply with the lessee's instructions. As a general rule, the costs of paying for the services of crew members, as well as the costs of their maintenance, are borne by the lessor with whom they have an employment relationship. The tenant reimburses them as part of the rental payments (they must be taken into account when determining the amount of the rent). The norm on payment for services and expenses for the maintenance of crew members is dispositive in nature, and in the lease agreement the parties may decide this issue differently. Commercial operation the vehicle belongs to the area of activity of the tenant, and therefore the costs associated with it are borne by the tenant. They include the cost of paying for fuel and materials used in the process of operation, making various fees. Management and maintenance of a vehicle rented without a crew is carried out either directly by the lessee (for example, when renting a car), or by involving the relevant employees, who in this case will be in an employment or contractual (civil law) relationship with a tenant.
If the law or the contract provides for the obligation to insure the vehicle, as well as liability for damage that may be caused by it or in connection with its operation, it is assigned to the lessor when the vehicle is serviced by its crew (Article 637 of the Civil Code), and to the lessee when lease without a crew (Article 646 of the Civil Code). These norms are also dispositive.
In the event of the death or damage of a vehicle leased with a crew, the lessee is subject to losses only if the lessor is required by law or by agreement (Article 639 of the Civil Code). By law, the tenant is responsible if the death or damage to the vehicle occurred through his fault or through the fault of persons for whose actions he is responsible, for example, through the fault of employees of a legal entity (or citizen) in the performance of their official duties, through the fault of a minor under fourteen years of age (Articles 1064, 1068, 1073 of the Civil Code). Unlike general rules contained in the named articles of Ch. 59 of the Civil Code, according to which the guilt of the tortfeasor is presumed, in this case the burden of proving the guilt of the tenant (the persons for whom he is responsible) rests with the lessor. The contract may provide for the obligation of the lessee to compensate the lessor for damage caused by accidental loss or damage to the rented vehicle (in the absence of the lessee's fault), and then the terms of the contract will apply. But if the contract does not contain similar conditions, then all the consequences of accidental death or accidental damage to the vehicle are borne by the lessor as its owner (see Article 211 of the Civil Code). may be charged with the obligation to compensate for the damages caused by proving that the death or damage occurred due to circumstances for which he is responsible in accordance with the law. There are significant features in the regulation of liability for damage caused by vehicles as sources of increased danger. When renting a vehicle with a crew, the responsibility for damage caused to third parties is borne by the lessor, who is the owner of the source of increased danger and manages it (Article 640 of the Civil Code). The responsibility of the lessor to third parties (in the form of an obligation to compensate for the damage caused) occurs in these cases in accordance with the rules of Art. 1079 of the Civil Code and other provisions of Ch. 59 of the Code. Property liability measures are applied regardless of the fault of the owner of the source of increased danger. He can be released from liability in such cases only if there are force majeure circumstances or intent or gross negligence of the victim himself (see paragraph 1 of article 1079 and article 1083 of the Civil Code). In this case, the gross negligence of the victim may become the basis for the release of the tortfeasor from liability if his fault is absent. In most cases, the negligence of the victim may serve as a reason for reducing the amount of compensation, taking into account the degree of his guilt. If it is established that the damage was caused by the fault of the tenant, the landlord has the right, after compensation for the damage to a third party, to present a recourse claim to the tenant - to demand compensation from him for the amounts paid to third parties. The burden of proof that the damage was caused by the fault of the tenant lies with the landlord. When renting a vehicle without a crew, the tenant acts in relation to third parties as the owner of a source of increased danger (Article 1079 of the Civil Code). Therefore, the lessee bears responsibility for the damage caused by the vehicle (its mechanisms, devices, equipment) in such cases.
