General Business Conditions
of GENRI TRIK s.r.o. concerning vehicle rental services

These General Business Conditions (hereafter referred to as the “GBC”) form a component part of the Motor Vehicle Lease Contract (hereafter referred to as the “Lease Contract” or abbreviated “LC”) entered into by and between GENRI TRIK s.r.o, (hereafter referred to as the “Lessor”) and the Lessee specified in the heading of the Lease Contract (hereafter referred to as the “Lessee”), pursuant to which the motor Vehicle (hereafter referred to as the “Vehicle”) specified in Article I. of the Lease Contract is leased to the Lessee.

Article I.Lessee

The Lessor leases the Vehicles exclusively to (and enables the Vehicles to be used by) persons meeting the minimum age requirement, i.e. min. 24 years old, whose identity has been proved by the submission of minimum two certificates of identity (identity card/passport/driving license) and who have held a driving license (that must be submitted to the Lessor) for the respective type of motor vehicles for minimum 3 years. Should the lessee be a legal entity, it must prove its legal existence for minimum 2 years while the conditions of the above sentence must be met by all persons authorized to use the Vehicle on behalf of the legal entity.

Article II.Lease of the Vehicle

The Lease Contract is made for a determinate period starting on the day specified in the Lease Contract. The LC terminates upon the lapse of the agreed term of lease. The agreed term of lease may be extended exclusively pursuant to a request of the Lessee in writing delivered to the Lessor on the last day of the term of lease at the latest. For the purposes of the Lease Contract one day means 24 hours ± 59 minutes. The request for the extension of the term of lease may be made in the form of a letter, fax message, or e-mail, which request must contain the specification of the exact date to which the lease should be extended; the lease would be extended under the same terms and conditions stipulated in the Lease Contract. Should the lease fail to be extended, the return of the Vehicle later than within the time agreed in the LC shall be considered a fundamental breach of the contract. In this event the Lessee shall be obliged to pay the rent inclusive of all other fees in full amount until and including the day of actual return of the Vehicle and the Lessee is further obliged to pay the contractual penalty amounting to CZK 25.000. Unless otherwise agreed, the Lessee loses its right to the limitation of liability arising from the agreed conditions and in the scope given in Article III. hereof, as of the day when the Lessee was obliged to return the Vehicle pursuant to the LC . In case of a loss, destruction or theft, the Lessee is obliged to pay the rent inclusive of all other fees until the time of reporting the loss, destruction or theft to the Lessor or possibly until the time when the Lessor has provably learnt about the loss, destruction or theft of the Vehicle in a different way.

Article III.Picking up the Vehicle by the Lessee from the Lessor

The Lessor is obliged to hand the Vehicle over to the Lessee in good condition, at a place and time given in the LC and always with a full fuel tank. Any possible damage (breakdowns, defects, scratches, etc.) to the Vehicle, or possibly other remarks, must be asserted by the Lessee at the acceptance of the Vehicle at the latest and must be recorded in the Vehicle Handover Report or Vehicle Return Report (hereafter aggregately referred to as the “Report”). The Lessee is obliged to confirm the acceptance of the Vehicle by its signature of the Report. The Lessee shall be liable for any damage not mentioned in the Report. The Lessor is entitled to require a compensation for damage to the Vehicle mentioned above.

Article IV.Use of the Vehicle by the Lessee

The Vehicle may be used and driven exclusively by persons specified in the LC. The leased Vehicle is intended for personal use only, while any and all traffic, customs and other laws must be obeyed. The Lessee is obliged to do the best to prevent damage and to follow the instructions for the operation of the Vehicle issued by the car maker as well as the conditions and recommendations of the Lessor. The Lessee is obliged to take all reasonable measures to prevent theft, misuse of and damage to the Vehicle. The Lessee is especially obliged not to leave keys and documents of the Vehicle behind in the Vehicle, lock it and activate all theft preventive devices. The Lessee must not allow any other person than that given in the LC to use the Vehicle, take part in car races, competitions and similar events, use the Vehicle for the transport of passengers or property for consideration, haul or push other cars, trailers or other things, carry out any changes of and alterations to the Vehicle and use the Vehicle in terrain not suitable for the Vehicle (especially drive the Vehicle off road, i.e. off hard-surfaced roads without previous written consent of the Lessor) and drive abroad unless otherwise agreed and recorded in the LC or the Report. The Lessee must not drive the Vehicle while intoxicated or under the influence of substances that may affect the attention and ability to react or allow the Vehicle to be driven by an intoxicated person. The Lessee is not entitled to smoke, use open flame or other hazardous substances and things (especially sharp objects) or do other activities posing a risk of damaging or dirtying/smudging the Vehicle and the Lessee must not allow a third person to do so. The Lessee is obliged to use exclusively the fuel specified in the Report for the whole term of lease. The Lessor is entitled to require access to the Vehicle for the purpose of inspection whether the Vehicle is used with due care. The Lessor is obliged to allow and enable such inspection. Breach of any of the above obligations shall be considered a fundamental breach of the LC and in this case the Lessee shall be liable for the Vehicle and any and all damage in full scope regardless of the agreed insurance deductible. The Lessee is equally obliged to pay to the Lessor a contractual penalty amounting to CZK 25.000 for every individual breach, should the Lessee fail to meet any of its obligations arising from this Article.

Article V.Return of the Vehicle by the Lessee to the Lessor

The Lessee is entitled to return the Vehicle to the Lessor inclusive of all equipment and documents (including CD with navigation, if leased to the Lessee) at the place and time given in the LC and in the same condition the Lessee picked up the Vehicle, taking into consideration regular wear and tear. The Lessee is obliged to refill the Vehicle before returning it. The Vehicle must be returned to a competent employee of the Lessor or a third person authorized by the Lessor. The Lessee is liable for the Vehicle until the physical takeover of the Vehicle by the Lessor that must be confirmed by signing the Report by the Lessor; starting from that moment the Vehicle is considered duly returned. Before picking the Vehicle up, the Lessor or a third person authorized by the Lessor shall check the condition of the Vehicle and record it in the LC or the Report (especially recorded should be any damage not recorded in the Report at picking up and accepting the Vehicle by the Lessee). The Lessee is obliged to sign this record in the Report otherwise the Lessor shall not give the Lessee the Vehicle return certificate (copy of the Report). Failure to sign the Report does not exempt the Lessee from liability for the revealed damage to the Vehicle; moreover the Lessee is obliged to pay a contractual penalty amounting to CZK 25.000. Should the Lessee return the Vehicle dirty and make due inspection of the Vehicle impossible, the fact shall be recorded in the Report and the Lessor shall be entitled to compensation for any damage to the Vehicle, i.e. including damage revealed after washing the Vehicle and therefore not recorded in the Vehicle Return Report, including the cost of washing. The Lessee is equally obliged to pay the contractual penalty amounting to CZK 25.000, if the Lessee fails to duly return the Vehicle to the Lessor (e.g. leaves it parked at a car park). In this case the obligation of the Lessee to pay the rent including all other fees as well the liability of the Lessee for damage, loss, destruction or theft of the Vehicle does not terminate before the Lessor can freely dispose of the Vehicle again.

Article VI.Rent for the Leased Vehicle

The Lessee undertakes to pay the rent and all other fees connected with the use of the Vehicle, inclusive of compensation for damage, properly and in time. Should the lease be formed for a period of time longer than one month, the accounting and invoicing shall be done continuously, usually after the lapse of 15 days of the lease. The Lessee is obliged to deposit an Advance Payment with the Lessor when signing the LC, which Advance Payment shall be settled after the return of the Vehicle. The obligation of the Lessee to pay rent is not prejudiced by depositing the Advance Payment. The amount of the Advance Payment shall be determined by the Lessor that is entitled to increase the amount in the course of the term of lease even without the previous consent of the Lessee. The Lessor is entitled to use the Advance Payment to set off any and all its monetary claims against the Lessee arising from the LC or possibly other contracts by and between the Lessee and the Lessor. In case of default in payment of the rent and other fees connected with the use of the Vehicle, including contractual penalties and compensation for damage, the Lessee is obliged to pay to the Lessor interest on late payment amounting to 0.05% of the due sum for each day of delay.

Article VII.Repairs and Maintenance

Common repairs, maintenance as well as regular inspections of the Vehicle shall be carried out or ensured by the Lessor at its expense. The Lessee is obliged to make the repairs, maintenance, and inspections of the Vehicle possible and suffer the limitation on the use of the Vehicle in the scope necessary for their completion. The Lessee is obliged, unless otherwise agreed with the Lessor, to contact the Lessor and in cooperation with the Lessor ensure the change of winter/summer tires (usually March and November). The tires shall be changed at the expense of the Lessor. The Lessee is not entitled to any compensation for its costs connected with the change of tires (e.g. time, fuel, etc.). However, the Lessee is entitled to use a different Vehicle provided by the Lessor of the same or similar standard for the time of such repairs or maintenance.The costs connected with the repair shall be borne by the Lessor unless the need of repair was caused by improper use of the Vehicle or using it in breach of the regular use or in consequence of breaking the terms and conditions of the LC by the Lessee or by persons allowed the access to the Vehicle by the Lessee. In the above cases the costs of repairs shall be borne by the Lessee and the Lessee shall equally be fully liable for damage suffered by the Lessor in consequence of such conduct. The Lessee is obliged to inform the Lessor without undue delay about all Vehicle breakdowns that may occur and that require a repair. Should the Lessee fail to meet this obligations without undue delay, the Lessee shall be liable for damage caused to the Lessor and the Lessee simultaneously loses the claims it would otherwise be entitled to due to defects limiting the use of the Vehicle or making it impossible.

Article VIII.Liability for Damage

The Lessor ensures insurance coverage for the persons authorized to drive the Vehicle in the scope and under the conditions of motor third party liability insurance. The Lessee is fully liable for damage caused to the Vehicle or damage caused in connections with using the Vehicle until the Lessee has returned the Vehicle to the Lessor and the Lessor has accepted it. The Lessor may require from the Lessee compensation for damage in the form of loss of profit, i.e. compensation for the loss of rent amounting to the agreed rent, should the Lessee return the Vehicle damaged, without documents and equipment or fails to return the Vehicle at all, etc., until the moment when the Lessor can lease the Vehicle in proper condition to another Lessee. The liability for damage of the Lessee caused to the vehicle may be limited to the amount of the insurance coverage arranged for in the LC (usually 10% of the value of the Vehicle, minimum CZK 25.000 per each insurance event) pursuant to the Vehicle category, namely:1) for damage caused by damaging the Vehicle or its part and equipment, with the exception of the consequences of theft, attempted theft or vandalism; 2) for damage caused by loss or theft of the Vehicle, its part or damage in consequence of theft, attempted theft or vandalism;on condition the Lessee confirms by appending its signature on the front page of the LC that the Lessee accepts the insurance terms and conditions pursuant to 1) and 2) above and pays a fee according to the valid price list. However, the liability of the Lessee cannot be limited should the damage, accident, loss or theft occur in consequence of a breach of the LC, Conditions, legal regulations or insurance coverage conditions (regardless of the fault being intentional or negligent). On the basis of the payment of an additional fee and signature in the respective box of insurance coverage of persons authorized to drive the Vehicle pursuant to the LC, the Lessor provides to the Lessee insurance of persons travelling in the leased Vehicle pursuant to the conditions set out by an entity providing insurance. Penalties imposed on the Lessee for breaking traffic and parking regulations while driving the leased Vehicle, damage caused by loss of documents, keys, or tools of the Vehicle, inclusive of costs incurred in connection with repairing such damage shall be borne by the Lessee regardless of the arranged insurance coverage. Should the Lessee simultaneously with the charge for insurance pursuant to 1) and 2) above pay also the charge for insurance pursuant to the sentence below, the Lessee shall be provided 100% insurance coverage for damage. This special insurance covers: damage to the Vehicle, loss of hubcaps, damage to tires, causing an accident; the insurance does not cover: loss of the spare wheel and obligatory equipment, loss of documents, keys, manual, driver’s set or refilling with improper fuel. The 100% insurance coverage is conditioned by the submission of a police report and the Lessee not acting in breach of its duties and obligations arising from the LC, the Conditions, legal regulations, or the insurance coverage conditions. The Lessee shall not be automatically entitled to the Special Insurance upon entering into the LC and paying the charge for insurance pursuant to 1) and 2) above. The decision whether the service of Special Insurance shall be provided to a particular Lessee or more precisely a given LC is fully at the discretion of the Lessor and the Lessor is not obliged to explain its decision not to render this service. The insurance coverage cannot be arranged or terminated after the term of lease has started to run.

Article IX.Traffic Accidents, Damage and Theft

In case of a traffic accident, damage to or theft of the Vehicle or its part, bodily injury or vehicular homicide (regardless of the Lessee being or not guilty), the Lessee is obliged to call the Police to investigate the accident and to issue a report on investigation or the result of the investigation. In case of any loss occurrence, the Lessee is obliged to fill in all boxes in the form “Accident Report” that the Lessee has received together with the documents of the Vehicle. The unroadworthy Vehicle must be secured against further damage and theft. The Lessee is obliged to notify the Lessor of any loss occurrence concerning the Vehicle, bodily injury of vehicular homicide in consequence of a loss occurrence, the place where the Vehicle is parked without undue delay but within 24 hours at the latest and ensure that all documents, keys and other documents concerning the Vehicle and the loss occurrence, including the filled in “Accident Report” and the Police Certificate/Police Report are immediately referred to the Lessor. Should the Lessee fail to submit the above documentation, the claim of the Lessee for insurance coverage does not arise. The Lessee is obliged to provide help and render assistance to the Police, the Lessor, and the insurance company in investigating the loss occurrence, adjusting the claim or possibly hearing of the case before court.

Article X.Final Provisions

The Lessee declares that it meets all requirements arising from legal regulations concerning driving motor vehicles (valid driving license, permit to drive if the driver is aged 68 and more, etc.). The Lessor is liable to the Lessee or third persons exclusively for losses and damage suffered directly in connection with the lease of the Vehicle or its use caused by fault or neglect on the part of the Lessor. Any and all such losses and damage must be reported to the Lessor within 24 hours of their occurrence. The Lessee consents to the data from the LC including its personal data to be recorded and processed in the database of the Lessor. The Lessee consents to using the personal data or possibly providing it to a third party for checking or confirming the solvency of the Lessee. Should the Lessee fail to return the Vehicle to the Lessor at the determined place and time, the Lessor shall report the Vehicle as lost or stolen to the Police or possibly bring an action for the recovery of unlawfully seized property with the competent court, while the consequences shall be borne exclusively by the Lessee. The Lessor expressly notifies the Lessee that all Vehicles are equipped with monitoring systems and are under a continuous 24-hour inspection by the operators. The Lessee is obliged to enable the operator a telephone control at any time. Otherwise the Lessee is obliged to pay the contractual penalty to the Lessor amounting to CZK 25.000 and the Lessor is simultaneously entitled to withdraw from the Lease Contract immediately. Should the Lessee use the Vehicle in breach of the LC, GBC or in a way causing damage or danger of considerable damage to the Lessor, it shall be considered a fundamental breach of the LC and the Lessor shall be entitled to withdraw from the LC effective upon the delivery of the withdrawal in writing to the Lessee. The Lessor may revoke the LC also if the Lessee fails to pay the rent in time and in the agreed amounts. The revocation is equally effective upon the delivery to the Lessee.

The parties undertake that all disputes relating to property arising from these GBC and/or in connection with these GBC shall be solved in arbitration proceedings in compliance with Act No. 216/1994 Coll., to regulate arbitration proceedings and the execution of arbitration awards, as amended, by one arbitrator according to the Rules of Arbitration and the Rules of the Costs of Arbitration Proceedings issued by the Register of Arbitrators of the Czech Republic Register rozhodců ČR, s.r.o., Identification Number: 277 38 108, with the registered office in Brno, Merhautova 1024/115, Zip Code: 613 00 and published on the web site of the Register of Arbitrators of the Czech Republic www.registrrozhodcu.cz. The parties expressly declare that they have read the above documents of the Register of Arbitrators of the Czech Republic carefully.

The decisive wording of the LC and GBC is in Czech. The Lessee declares that the data provided is true and that the Lessee agrees with the GBC without reservations.