General terms of Mobire Eesti AS short-term rental
1.1. Subject of the agreement. Under the rental agreement, Mobire Eesti AS (hereinafter ‘Mobire’) grants the renter the right to use the motor vehicle (hereinafter ‘the vehicle’) specified in the special terms for the agreed upon period of time (hereinafter ‘the rental period’), while the renter undertakes to pay rent and other fees and to return the vehicle to the rentee upon expiry of the rental period.
1.2. Documents. The documents of the rental agreement are the general terms and the special terms. In the event of discrepancies or gaps in the documents of the rental agreement, the special terms shall take precedence over the general terms.
1.3. Personal data. By signing the rental agreement, the renter consents to the processing of their personal data by Mobire, including to the storing of the data for later verification, the tracking of the location of the vehicle by GPS, and the transmission of the data to the managers of the register of payment defaults, persons providing debt collection services, companies providing services to Mobire, and persons entitled to receive such data by law. Mobire shall process personal data only for the purposes of the performance of the rental agreement and the exercise of the rights arising therefrom.
1.4. Duration. The duration of the rental agreement is the rental period. The rental period shall start on the date of handover of the vehicle to the renter and it shall end on the date indicated in the special terms as the date of expiry of the rental period. The rental agreement shall never become of indefinite duration nor shall it be extended under any circumstances, including if the renter fails to return the vehicle and/or continues to use the vehicle after the expiry of the rental period.
2.1. Delivery. Mobire shall deliver the vehicle in full working order together with the documents and keys required for using the vehicle to the renter on a business day at the agreed upon time between 9:00 and 17:00 on the premises of Mobire. The renter shall inspect the vehicle upon delivery. The condition of the vehicle as determined in the course of the inspection (incl. any visible damage) and other circumstances that are important in the context of the rental agreement (time of delivery, damage to the vehicle) shall be recorded under the special terms. By signing the special terms, the renter confirms that they have inspected the vehicle and found it to be in good technical condition, that the information recorded under the special terms is correct, and that both possession of the vehicle and liability for destruction of, loss of, and damage to the vehicle as well as for damage caused by the vehicle as the greater source of danger have been transferred to the renter.
2.2 Return. The Lessee agrees to return the Vehicle to Mobire at the time and placestated in the Rental Agreement and in the same technical condition considering normal wear and tear and the same amount of fuel as on delivery. Mobire carries out an inspection before taking over the possession of the Vehicle. The state of the Vehicle
on return will be noted in the Rental Agreement. In case of dispute, the parties proceed to determine Vehicles normal wear and tear considering the valid “Instructions for determination of normal and abnormal wear and tear of vehicles” from Mobire webpage, which is located from: https://mobire.ee/en/wear-and-tear-guide/. Mobire is not obliged to take theVehicle on weekends and on business days outside 9.00-17.00. If the Vehicle is returned with less fuel in the tank than on delivery, the Lessee is obligated to pay the fee according to the Rental agreement and reimburse Mobire the cost of fuel missing.
2.3. In the event of delayed return of the vehicle, the renter shall:
2.3.1. pay a contractual penalty of 100 euros, unless the renter notifies Mobire of the delay at least one business day in advance; and
2.3.2. pay rent for each day of delay, except in the case of a delay of up to 30 minutes over the agreed upon time of return on the day of return specified in the special terms.
2.4. Defects upon return of the vehicle. Defects upon return of the vehicle means defects (instances of damage) which were not recorded under the special terms during the handover of the vehicle to the renter, but which are discovered in the course of the inspection carried out upon return of the vehicle. Mobire is obliged to report any hidden defects of the returned vehicle within seven business days of the return of the vehicle, and then to deliver the vehicle to a servicing company for technical inspection. After reporting, Mobire may submit a claim for compensation to the renter within seven business days for the cost of elimination of the hidden defects as calculated by the servicing company (clause 5.4).
2.5. Early return. The renter shall have the right to return the vehicle before the expiry of the rental period specified in the special terms, if they notify Mobire at least one business day in advance and pay the higher rental rate corresponding to the days of use of the vehicle.
3.1. Right to drive and driving experience. The renter must be at least 21 years of age and must have at least two years of driving experience. The vehicle may only be driven by the persons specified in the special terms.
3.2. Region of use. The renter may only use the vehicle in the region specified in the special terms. The region of use of Mobire’s vehicles is Estonia (other EU countries by separate agreement and for a separate price). Mobirel shall be entitled to track the location of the vehicle by GPS. The vehicle may be used outside Estonia only with the prior written permission of Mobire and upon payment of the border crossing fee.
3.3. Prohibited uses. The renter is prohibited from smoking in the vehicle and from using the vehicle:
3.3.1. in contravention of the permitted uses, technical operating rules, or legislation on the safety, use, or movement of motor vehicles;
3.3.2. with unsuitable fuels or operating fluids;
3.3.3. as a rally, racing, instruction, or test vehicle;
3.3.4. for any form of commercial carriage of persons or goods;
3.3.5. while under the influence of alcohol or a narcotic or psychotropic substance or in an unsuitable state of health, as well as from allowing other persons to drive the vehicle in any such state;
3.3.6. if the vehicle is not in a suitable technical condition;
3.3.7. for driving on terrain or roads not intended for the vehicle;
3.3.8. for towing other vehicles or trailers;
3.3.9. for transporting animals, except small animals in an appropriate carrier.
3.4. Obligations of the renter. The renter is obliged to:
3.4.1. lock the vehicle and activate the alarm system, if any, upon leaving the vehicle;
3.4.2. refrain from removing or replacing any vehicle parts or accessories without permission from Mobire;
3.4.3. refrain from removing, compromising, shielding, or reconfiguring the GPS tracking device of the vehicle;
3.4.4. refrain from removing or concealing information presented on the vehicle, its accessories, or documentation about Mobire or the owner of the vehicle.
3.5. Retransfer. The renter is prohibited from subrenting the vehicle or granting it for use to other persons, except to the authorised users indicated in the special terms.
3.6. Violation of the terms of use. In the event of any violation of the terms of use of the vehicle under the rental agreement, the renter shall pay a contractual penalty of 300 euros and compensate Mobire for all expenses incurred in restoring the vehicle to the condition it was in prior to its handover to the renter. In the event of repeated or major violation of the terms of use, Mobire shall have the right to cancel the rental agreement. If the violation of the terms of use (including the prohibition on retransfer) results in the loss of insurance coverage for the vehicle, the renter shall also compensate Mobire for the damage and expenses incurred in accordance with clause 5.3.
3.7. Requirements. The renter shall compensate Mobire for all claims of third parties related to the possession or use of the vehicle during the rental period (including fines or financial penalties for traffic or parking violations, fines for late payment, vehicle relocation fees, claims for compensation for damage caused by the vehicle as the greater source of danger, etc.). Upon returning the vehicle, the renter must notify Mobire of any known claims of third parties concerning the vehicle. The renter’s obligation of compensation shall remain valid even after the return of the vehicle or the expiry of the rental agreement.
4.1. Rent. The renter undertakes to pay for the rent specified in the special terms for the use of the vehicle. The rent shall be a daily rate charged for each commenced day, including the day of delivery of the vehicle to the renter.
4.2. Other charges. In addition to the rent, the renter undertakes to pay:
4.2.1. an administrative fee of 15 euros for handling each fine for a parking or traffic violation, as well as the fine itself;
4.2.2. a refuelling fee of 15 euros for refuelling the vehicle upon return of the vehicle, as well as the cost of the added fuel;
4.2.3. a border crossing fee of 5 euros per day when using the vehicle outside of Estonia (clause 3.2). The border crossing fee is charged for each day spent abroad;
4.2.4. a fee for exceeding the mileage limit at the rate specified in the special terms;
4.2.5. a dry cleaning fee, if regular interior cleaning is insufficient for cleaning the vehicle after the rental.
4.3. Guarantee. Mobire may, at its own discretion, demand a guarantee for the performance of the rental agreement from the renter and specify the terms for providing the guarantee. The renter shall provide the guarantee prior to receiving the vehicle. Unless otherwise specified by Mobire, the renter shall pay Mobire a security deposit of 320 euros as the guarantee. The renter shall pay the security deposit as a credit card block. Upon return of the vehicle, Mobire shall set off any claims arising from the rental agreement against the security deposit. If the security deposit is not sufficient to settle Mobire’s claims, the renter shall pay the missing amount as billed by Mobire.
4.4. Terms of payment. The renter shall pay the rent and any other sums arising from the rental agreement by credit card, payment card, or bank transfer in advance, prior to the handover of the vehicle to the renter, in accordance with the payment terms indicated on the invoice submitted by Mobire.
4.5. Value-added tax. All payments set out in the rental agreement are subject to value-added tax (VAT), unless otherwise provided by law. Comprehensive motor insurance deductibles are not subject to VAT.
4.6. Late payment. In the event of late payment of the sums arising from the rental agreement, the renter shall pay late payment interest of 0.15% of the outstanding amount for each day of delay. In the event of late payment or late fulfilment of the obligations arising from the rental agreement, Mobire shall be entitled to publish information about the renter in any publicly available register of payment defaults.
5.1. Insurance. The rent includes:
5.1.1. the cost of compulsory motor third-party liability insurance for the vehicle;
5.1.2. the cost of comprehensive motor insurance for the vehicle.
5.2. Deductible. Unless otherwise provided by the special terms, the renter shall compensate Mobire for any damage incurred as follows (deductible):
5.2.1. in the event of damage covered by the insurance for the vehicle, the deductible amount for each incident of damage;
5.2.2. in the event of theft, total destruction, or loss of the vehicle, 15% of the market value of the vehicle, provided that the renter returns the keys and documentation of the vehicle. In the event of total destruction, theft, or loss of the vehicle, the market value of the vehicle shall be determined within a reasonable period by a nationally recognised vehicle valuation expert. The expert assessment shall be ordered by Mobire. The market value shall be determined on the basis of the condition of the vehicle at the time of handover to the renter.
5.3. Uninsured damage. The renter shall compensate Mobire:
5.3.1. in full for any damage caused to the vehicle and, in the event of damage to the interior of the vehicle or total destruction or loss of the vehicle, damage that is not compensated by the insurer;
5.3.2. for 100% of the market value of the vehicle, if the renter fails to return the keys or documentation of the vehicle in the event of theft or loss of the vehicle;
5.3.3. the cost of replacement of the keys or documentation of the vehicle if they are lost or rendered unusable.
5.4. Defects of the vehicle. In the event of defects discovered upon return of the vehicle or hidden defects (clause 2.4.), the renter shall compensate Mobire for the cost of elimination of the defect(s) on the basis of the assessment received from an official dealer or servicing company. Upon discovery of hidden defects, Mobire shall have the right to file a claim for compensation of the costs within seven business days.
5.5. Accident or breakdown. In the event of a technical breakdown or an accident, the renter must:
5.5.1. notify Mobire of the accident or breakdown as soon as possible, using the contact details indicated in the special terms;
5.5.2. follow the instructions given by Mobire regarding the repair or servicing of the vehicle (incl. not to take the vehicle in for repairs or servicing without prior permission from Mobire);
5.5.3. co-operate with Mobire and the insurers in the investigation of the accident, breakdown, or other insured event or incident of damage caused to or by the vehicle.
6.1. Replacement vehicle. In the event of a breakdown of the vehicle not due to the fault of the renter, Mobire shall offer a replacement vehicle within one business day after becoming aware of the breakdown, provided that the vehicle is located within the region of use. The replacement vehicle shall be available at the location indicated in clause 2.1.
6.2. Cancellation of the rental agreement. The rentee shall have the right to cancel the rental agreement, if the renter commits a material breach of the rental agreement or fails to rectify any other breach within a reasonable period specified by Mobire, as well as on other grounds arising from law. In the event of cancellation of the rental agreement, the renter shall return the vehicle at the time and location specified by Mobire.
6.3. Applicable law and settlement of disputes. The rental agreement shall be subject to Estonian law. Any disputes arising from the rental agreement shall be attempted to be settled by negotiation between the parties. If no agreement is reached, the dispute shall be settled in Harju County Court.