Vehicle
rental conditions

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1. General Provisions

For the purposes of these General Terms and Conditions, the Lessor is considered to be the business entity AUTOKOMERC LOGISTIKA DOO, located at Svetog Save 84/c, Company Registration Number (MB): 17173154, Tax Identification Number (PIB): 101539061. Furthermore, the Lessee is considered to be any natural or legal person renting a motor vehicle from the Lessor and with whom the Lessor has concluded a Vehicle Rental Agreement. These General Terms and Conditions constitute an integral part of the Vehicle Rental Agreement and apply to the entire cooperation between the Lessor and the Lessee under the Vehicle Rental Agreement. These General Terms and Conditions supplement the specific provisions established in the Vehicle Rental Agreement and have the same binding effect as that Agreement. In case of any inconsistency between these General Terms and the specific provisions established in the Vehicle Rental Agreement, the specific provisions shall prevail.

2. Meaning of Terms

Rental Agreement – denotes the contractual relationship between the Lessor and the Lessee, concluded in accordance with the provisions of the Law on Obligations, General Commercial Practices, and General Terms and Conditions of Business, whereby the Lessor undertakes to provide the Lessee, for a specified period, with a specific movable object or objects for use and regular usage, and whereby the Lessee undertakes to pay the agreed fee (rent) to the Lessor for this use. Upon expiration of the agreed rental period, the leased object is returned to the Lessor’s direct possession. The Agreement consists of the following documents:

  • Rental Agreement, including the main general terms
  • General Terms and Conditions (this document)
  • Vehicle Condition Report

Lessor – refers to the business entity AUTOKOMERC LOGISTIKA DOO, located at Svetog Save 84/c, Company Registration Number (MB): 17173154, Tax Identification Number (PIB): 101539061, as the legal entity that enters into the vehicle rental agreement with the Lessee.

Lessee – denotes a natural person, legal entity, or private entrepreneur designated as the user of the leased object under the Rental Agreement, identified as the Lessee, who has concluded a Rental Agreement with AUTOKOMERC LOGISTIKA DOO, as the Lessor, and is obliged to pay the agreed rental fees according to the payment plan specified in the rental agreement.

Subject of Lease – encompasses any individually specified movable property, equipment, or device that the Lessor provides to the Lessee for use under the Rental Agreement.

Remaining Value of Lease Subject – represents the assumed value of the leased subject at the end of the entire lease term, which will be realized if the Lessee complies with all provisions of the concluded Agreement. This specifically includes using the leased subject for its intended purpose, adhering to the agreed mileage, and returning the leased subject at the end of the lease term without damage.

Deposit – signifies a monetary amount paid by the Lessee to the Lessor before taking possession of the leased subject, which remains with the Lessor until the end of the lease agreement. This amount cannot be used to offset regular rent or other expenses or liabilities, except in the case of early termination or expiration of the Agreement, where the Lessor is authorized to retain the deposit until all outstanding claims of the Lessee, including the obligation to compensate for damages, are settled.

Additional Services – refers to the contracting of ancillary services with the vehicle rental, the costs of which will initially be borne by the Lessor. The Lessee will reimburse these costs through monthly payments at a fixed or calculated rate in accordance with the Rental Agreement and Terms for Provision of Additional Services with the Rental Agreement.

3. Rental Conditions of Motor Vehicles with the Lessor

3.1 Conditions for Vehicle Rental The Lessee may rent a motor vehicle from the Lessor under the following conditions:

  • Signing a Vehicle Rental Agreement with the Lessor, thereby accepting the rental price indicated in the current price list on the day of vehicle rental, which constitutes an integral part of the Vehicle Rental Agreement.
  • Being at least 21 years old for renting Economy, Compact, and Standard categories, with a valid driver’s license for at least 2 years.
  • Being at least 25 years old for renting Premium, Luxury, and Van categories, with a valid driver’s license for at least 4 years.

3.2 General Obligations of the Lessee: The Lessee agrees to fulfill the following obligations during the vehicle rental period:

  • Return the rented vehicle within the agreed period or earlier upon the Lessor’s request.
  • Seek Lessor’s consent 48 hours prior to the expiration of the agreed return period for extending the rental period.
  • Immediately cease driving if the odometer malfunctions during use and promptly inform the Lessor of the malfunction.
  • Pay the Lessor the repair costs determined by an authorized service center if damage to the odometer is discovered upon vehicle return.
  • Maintain and care for the vehicle properly during the agreed rental period.
  • Not use the rented vehicle under the influence of alcohol, drugs, or other intoxicants, for illegal purposes, for driver training, for transporting passengers or goods for compensation, towing other vehicles, trailers, or their parts, participating in motorsport events, etc.
  • Use the vehicle solely for personal use and not rent or lend it to a third party.
  • Operate the vehicle themselves or authorize another person specified in the Rental Agreement as a secondary driver, provided that person is at least 21 years old and holds a valid driver’s license.
  • Not overload the vehicle beyond its permissible capacity.
  • Not use the rented vehicle abroad without the Lessor’s consent.
  • Not make any changes to parts, assemblies, or devices on the vehicle without the Lessor’s consent.
  • Bear the costs of fuel consumption (gasoline and diesel).

• Assume responsibility for the operation of the vehicle, including municipal and traffic offenses committed with the leased vehicle during the term of the Agreement. This includes offenses where the Lessee is personally identified as the offender, as well as those for which the Lessor is subsequently informed as the vehicle owner.

• The Lessee must inform the Lessor on the day of vehicle return at the latest about any offenses committed during the vehicle use where they are directly identified as the offender. They must also provide all documents related to the offenses to the Lessor and pay all fines and traffic violations resulting from improper vehicle use, including fines for improper parking. The Lessee should provide proof of payments to the Lessor.

• Drivers aged 21 to 25 must pay a young driver fee of €50 per month including VAT, for renting allowed groups of vehicles.

• Strictly adhere to the manufacturer’s service intervals. Non-compliance will result in the loss of vehicle warranty. The Lessee must immediately inform the rental branch if any warning light starts flashing on the command display or onboard computer of the rented vehicle, for immediate vehicle intervention. If the Lessee disregards this warning and fails to report to the rental branch, they will incur full penalties resulting in the loss of the manufacturer’s warranty on the rented vehicle as specified in section 3.3.

• If the Lessee fails to comply with the conditions stipulated in section 3.2 of these General Terms, they undertake to compensate the Lessor for any and all damages resulting from such non-compliance. The amount of compensation will be determined by the competent authority or the Lessor, depending on each specific case.

• To immediately report to the police any damage that may occur to the vehicle during the rental period and inform Autokomerc Logistika.

3.3 Penalty for Loss of Manufacturer’s Warranty:

If the Lessee causes the loss of the manufacturer’s warranty on the rented vehicle, they will incur full penalties amounting to 10% of the purchase value of a new vehicle of the same model.

4. Taking Over Lease Items

4.1. The Lessee undertakes to promptly take over the leased item from the Lessor at the agreed place and time upon the Lessor’s call. The Lessee bears all costs of transportation and transportation insurance that arise after the Lessee receives the call to take over the leased item. If the Lessee refuses to take over the leased item after receiving the call or withdraws from the Agreement, the Lessee is obligated to compensate the Lessor with an amount equal to 3 months’ rent as compensation for premature termination of the Agreement.

4.2. Upon delivery of the leased item, the Lessee will sign a Confirmation of Delivery of Goods. The Lessee fully agrees that upon signing the Lease Agreement or upon taking possession of the leased item, the responsibility for material defects of the item (including hidden defects) ceases and is excluded. The Lessor transfers to the Lessee all rights and obligations from the warranty certificate towards the manufacturer of the leased item, while the Lessee undertakes to utilize all claims and rights from the warranty certificate and promptly inform the Lessor about actions taken. If the exercise of rights from the issued warranty certificate requires actions directly from the Lessor as the owner, the Lessee is obliged to inform the Lessor about this in writing.

4.3. The Lessee is obliged to immediately inform the Lessor, without delay, about any dispute or claim initiated by any third party regarding the leased item, asserting any right that could diminish, exclude, or restrict the undisputed possession of the Lessee or indirect possession of the Lessor. In the event of any enforcement proceedings, the Lessee undertakes to inform the executing Bailiff about the Lessor’s ownership of the leased item, and if the leased item is listed, to promptly provide the Lessee with a report on the inventory listing, under threat of compensation for damages.

5. Security Measures

5.1 Deposit

The Lessee is obligated to provide a DEPOSIT to the Lessor when renting a vehicle. The deposit is received by transferring funds to the Lessor’s account or through pre-authorization on one of the Lessee’s credit cards (Visa, MasterCard, Maestro, or Dina). The Lessee agrees that if any of the provided security measures are utilized or become invalid, upon the Lessor’s request, they will provide new, identical security measures within 3 (three) days. Any action by the Lessee contrary to this provision is considered a breach of the Agreement by the Lessee, in which case the Lessor is authorized to unilaterally terminate the contract with all legal consequences of early termination due to the Lessee’s fault, to which the Lessee explicitly agrees.

The amount of the deposit depends on the vehicle rental group and represents the total value of two monthly rent installments, maximum liability for damage, and the full tank of fuel. The deposit amount is calculated in the equivalent value in Serbian dinars based on the exchange rate defined by the decision on pricing or the decision on the exchange rate on the day the deposit is made for the rental. The Lessee must pay the total rental costs immediately upon the end of the rental period. If the deposit is provided via pre-authorization on a credit card, debit cards are not accepted by the Lessor for deposit purposes. The reserved amount on the Lessee’s account for the vehicle rental deposit will not be available to the Lessee. If the Lessee settles the costs using a credit card, by signing the original Rental Agreement, the Lessee authorizes the Lessor to invoice the total rental costs to the credit card company or bank that issued the credit card.

Upon returning the vehicle and settling all rental costs and any additional expenses, the Lessor will refund the deposit to the Lessee or cancel the pre-authorized amount on the Lessee’s credit card. The rental price is expressed in euros in the dinar equivalent based on the exchange rate defined by the decision on pricing or the decision on the exchange rate on the day of payment for individuals, and on the day of issuing the invoice for legal entities. The rental price includes third-party liability insurance up to the limit established by law.

5.2 Promissory Notes

5.2.1 At the moment of signing the contract, the Lessee must provide the Lessor with:

A blank promissory note issued with the clause “without protest” and “without notice”, irrevocable, payable on demand, signed and stamped (if it’s a legal entity using an official seal), registered in the promissory notes and authorizations register maintained by the National Bank of Serbia, documented by a certified request to a business bank to register the promissory note with a specified serial number, based on which the promissory note and promissory authority are issued.

A promissory letter of authority allowing the Lessor to collect 10% of the contract value, valid for a period at least 30 days longer than the contract period, with any extension of the contract period automatically extending the validity of the promissory note. In such a case, the validity of the promissory note for performance must be extended to match the original amount and promissory authority, issued in accordance with the Promissory Notes Act.

Authorization allowing the legal representative, if the Lessee is a legal entity, to authorize a person to sign the promissory note and promissory authority in case the legal representative cannot sign.

A copy of the valid signature card of authorized persons for handling the Lessee’s funds at the business bank, stamped by the bank on the date of issuance of the promissory note and promissory authority (dates on the signature card copy and the bank stamp must match).

A copy of the national ID card.

Proof of registration of the promissory note in the Promissory Notes Registry of the National Bank of Serbia (copy of the registration request issued by the business bank that registered the promissory note or an extract from the NBS Registry of Promissory Notes and Authorities website).

5.2.2 By signing the lease agreement, the Lessee authorizes the Lessor that in case of non-payment of any due amount related to the Agreement, the Lessor may enforce such promissory note and fill in all necessary elements, including the amount corresponding to the due amount, and take all actions required for the collection of the promissory note in accordance with regulations. The contracting parties expressly agree that the submission of requests and/or actions taken regarding the promissory note by the Lessor does not constitute novation of the lease agreement, meaning that the Lessee’s obligations under the lease agreement are not replaced by promissory obligations. The Lessee explicitly agrees that all security measures related to the Lessor’s claims under the lease agreement also apply to claims under the promissory notes.

5.2.3 If the lease agreement does not stipulate the provision of a promissory note as a security measure for the Lessee’s obligations, the provisions from 5.2.1 to 5.2.2 are excluded.

5.3. Joint Sureties

5.3.1 If agreed upon in the lease agreement, the Lessee must provide a guarantee from a legal or natural person. Sureties are considered joint payers and are jointly liable to the Lessor for all obligations arising from the lease agreement and General Terms, including the obligation to compensate for any damages due to contract termination, calculated in accordance with contractual provisions.

5.3.2 Joint sureties are jointly liable to the Lessor for all obligations of the Lessee under the lease agreement. If agreed upon, they are obliged to provide the agreed number of registered blank promissory notes with the clauses “without notice” and “without protest,” filled out in accordance with legal requirements, as well as corresponding promissory authorities, in favor of the Lessor. The Lessor is authorized to enforce these upon any due obligation under the agreement, on both the Lessee’s and joint surety’s assets. The joint surety undertakes to fulfill all payments to the Lessor or designated party in case the Lessee fails to fulfill their obligations under the agreement.

5.3.3 In case the Lessee fails to fulfill their obligations under the lease agreement, the Lessor will notify the joint surety of the existence of due but unpaid obligations of the Lessee, and request payment within 8 days from the receipt of the notification. Upon expiry of the given deadline, the Lessor will act in accordance with Article 7.2 of the General Terms.

5.3.4 By their signature, the joint surety confirms that prior to providing the guarantee statement, they have considered all circumstances to determine their ability to fully guarantee the Lessee’s proper fulfillment of all obligations arising from the lease agreement and these General Terms, including the obligation to compensate for any damages. They waive objections regarding changed circumstances occurring after providing the guarantee statement and commit to providing the Lessor with new, identical security measures within 3 days in case any security measures provided due to the guarantee are realized.

5.3.5 If the lease agreement does not stipulate joint surety as a security measure for the Lessee’s obligations, the provisions from 5.3.1 to 5.3.4 are excluded.

6.Rental Period and Service Specification

6.1 The minimum agreed term for long-term rental service is 12 months. The contract cannot be terminated within the first three months of rental. After the initial three months, the Lessee must provide written notice of early termination at least one month before the planned date. If the notice period is less than one month, one monthly installment from the security deposit will be charged. The Lessee is obligated to return the vehicle on the day specified in the contract during Lessor’s working hours. In case of exceeding the rental period, the Lessor will charge the Lessee for each additional day of rental according to the regular short-term rental price list. If the vehicle is left outside the country for any reason, an International one-way rental fee will be charged to the Lessee for the specific destination, not less than 200 euros in dinar equivalent at the middle rate of the National Bank of Serbia.

6.2 Unless otherwise agreed, long-term rental includes the following services:

  • Vehicle rental
  • Vehicle registration and passenger insurance
  • Technical inspection (where applicable)
  • Comprehensive insurance (Kasko)
  • Vehicle maintenance
  • Winter tires

6.3 The rental service excludes the following risks:

Damage to the rented vehicle resulting from a traffic accident

In the event of a traffic accident involving the rented vehicle where the Lessee is at fault and there is no police report, the Lessee is responsible for the entire damage to the rented vehicle.

Damage to the rented vehicle outside of a registered traffic accident (parking damage, etc.)

In case of damage to the rented vehicle on parking or in traffic, the Lessee is responsible for the entire damage to the rented vehicle if there is no police report or official note.

Theft of the vehicle during the rental period

In case of disappearance or theft of the rented vehicle, the Lessee is responsible for the entire value of the vehicle if there is no police report or if it is not proven that the Lessee is not responsible for the theft.

Disability (partial or total) and death of the driver and passengers in the rented vehicle due to an accident.

The Lessee is responsible for damages caused to the rented vehicle as well as damages resulting from non-use (vehicle standing for the entire repair duration). The amount of damages resulting from non-use (standing) is determined at the flat rate of daily rental price according to the current price list.

The Lessee assumes responsibility for municipal and traffic violations as well as fines imposed on these grounds.

6.4 During the rental period, Autokomerc Logistika provides the Emergency Management Service at no additional cost. Autokomerc Logistika reserves the right to charge the Lessee for this service if the Lessee and/or Driver request its use without a valid reason or due to their actions.

The assistance service includes, among other benefits:

  • Technical support for rented vehicles
  • Dispatch of vehicles for breakdowns
  • Arrangement and payment of towing costs for vehicles not involved in accidents or unable to be repaired on-site
  • Locating replacement vehicles if the vehicle cannot be repaired on-site (Note: the rental agreement remains valid until the last day of rental as originally agreed). Replacement vehicles are delivered within 24 hours after Autokomerc Logistika receives notification.
  • Transportation of users to the rental office where a replacement vehicle is available

Exemptions:

  • Support for rented vehicles
  • Any accident or damage resulting from participation in sports events, rallies, and all types of competitions
  • Vehicles rented in Serbia taken abroad without the written consent of the Lessor.

7. Payment

7.1 The Lessee undertakes to pay the Lessor the agreed rent for the entire duration of the Lease Agreement, in the amount and at the times determined by the Lease Agreement and the payment plan. The date of service provision for the rental services will be the first day of the current month for services provided in that month. All monetary obligations arising from the Lease Agreement are expressed in euros (EUR) if the contract model with a currency clause is agreed upon, or in Serbian dinars (RSD) if not, and are to be executed exclusively in dinars (RSD). If a currency clause is agreed upon, the rent is calculated at the agreed exchange rate defined in the Lease Agreement on the calculation date.

7.2 The agreed rents are due for payment on the dates and within the deadlines determined by the Lease Agreement. With received payments, first the accrued interest due to late payment and any costs incurred under and in accordance with the Lease Agreement (penalties/compensations, costs of issued reminders) are settled, and subsequently the amounts of the agreed rents. If the parties agree on deferred payment, the Lease Agreement will specify the payment deadline, calculated from the service provision date in which the Lessee is obligated to make the payment.

7.3 The rent, based on the issued invoice or pro forma invoice, is paid to the Lessor’s designated bank account with the reference number provided by the Lessor. The Lessee who intentionally avoids receipt of the invoice issued under the Lease Agreement is not exempt from paying the rent, considering that this obligation is specified in the rent payment plan. The payment date is considered the day when a specific payment is received and posted to the Lessor’s account.

7.4 The agreed rent amount includes, in addition to the monthly fee for using the vehicle, the applicable tax rate on the date the Lease Agreement enters into force. If after the Lessee takes possession of the leased item there is a change in tax rates or other administrative fees determined by state authorities, the amount of the monthly rent and other payments under the Lease Agreement will be adjusted accordingly. All other circumstances that could affect the rights and obligations of the contracting parties, not caused by the Lessor (changes in regulations, measures by competent authorities, etc.), automatically provide grounds for adjusting the rent, but up to a maximum of 20%. In such adjustments, no separate annex to the Lease Agreement is necessary; the Lessor will inform the Lessee in writing about these changes. If such adjustment would result in an increase in the rent by more than 20% compared to the initially agreed rent in EUR/RSD currency, the contracting parties will either conclude an annex to the Lease Agreement based on the changes, or if consensus is not reached, terminate the Lease Agreement.

7.5 Inability or limited ability to use the leased item, regardless of the cause, as well as possible objections by the Lessee to monthly rents and other costs, cannot be reasons for non-fulfillment of the obligation to pay monthly rents when due. For overdue rent payments, calculated in dinars at the agreed exchange rate on the calculation date, the Lessor will calculate and charge the agreed interest rate, equivalent to statutory interest rates applicable on the calculation date of the agreed interest. Any prematurely paid rents are not refunded but are credited towards future rents, for which no interest accrues in favor of the Lessee. The calculation of the dinar equivalent of the rent is done using the agreed daily exchange rate on the calculation date.

7.6 Payment can be made in the following ways:

  • Credit cards
  • Cash
  • Vouchers and electronic payment cards
  • Bank transfer for legal entities

Payments cannot be made by personal checks.

8. Delay

8.1 The contracting parties agree that fulfilling obligations on time is a crucial element of the Lease Agreement. The Lessee undertakes to promptly notify the Lessor in writing of any impending inability to make payments.

8.2 For all due and unpaid obligations, calculated in dinars at the agreed exchange rate on the calculation date for lease agreements with a currency clause, or stated in dinars for lease agreements without a currency clause, the Lessor has the right to calculate the agreed interest rate, equivalent to statutory interest rates applicable on the calculation date of the agreed interest.

8.3 If, after a reminder sent by registered mail, the Lessee fails to fulfill their obligations under the Lease Agreement, it shall be irrevocably considered that circumstances indicate the Lessee will not fulfill future obligations arising from the Lease Agreement. Consequently, the contracting parties agree that the Lessor is authorized to: a) terminate the Lease Agreement and demand payment of all due rents and costs, and request the return of the leased item, or take actions to repossess the leased item; b) activate the agreed payment security instruments for the entire amount of all due and unpaid rents according to the rent payment plan, regardless of their due date.

8.4 The Lessee shall reimburse the Lessor for all additional costs incurred in collecting and/or securing its claims under the agreement (judicial, extrajudicial, administrative, legal fees, expert and appraisal costs, costs of returning the leased item, storage and vehicle guarding costs, costs of locating the Lessee’s address, and similar costs).

8.5 The contracting parties have mutually agreed that in case of non-payment of rent, the Lessor has the right to immediately take possession of the leased item. The Lessor is authorized, and the Lessee expressly and irrevocably acknowledges this right, to take all actions to protect its ownership rights to the leased item, including initiating appropriate legal proceedings, in case of non-compliance with contractual obligations within the stipulated time frame or actions contrary to the principles of good faith.

8.6 In the event that the Lessor utilizes a security measure, and subsequently the contracting parties agree to maintain the Lease Agreement in force, the Lessee is obligated to provide the Lessor with adequate and correct payment security instruments within 3 (three) days of reaching an agreement to keep the Lease Agreement in force, replacing the used payment security instruments. Failure to do so within the specified period shall be considered as the Lease Agreement not being agreed to remain in force.

These clauses outline the procedures and consequences related to payment delays and non-compliance with financial obligations under the Lease Agreement between the Lessee and the Lessor.

9. Insurance and Liability in Case of Damage

9.1 Release from obligations is contracted upon payment of an additional amount, where Autokomerc Logistika d.o.o. releases the lessee from damages to the leased vehicle in accordance with the principles of insurance for damage occurring to the vehicle (due to collision), based on relevant current causes for AK (general terms for vehicle insurance in Serbia), with subsequent deductible participation. Release from obligations covers damage in accidents, i.e., incidents caused by sudden mechanical force from the outside. Brake damage, operational damage, and clean breakage damage are not considered accident damage. Release from obligations therefore does not cover damage particularly caused by improper treatment and/or handling, such as improper gear shifting or refueling with incorrect fuel, or due to loaded goods, as well as damage to the vehicle’s lower structure or interior.

9.2 The lessee is fully liable in cases of intentional breach of contractual obligations, especially for damages arising from unauthorized drivers or prohibited use. If the lessee intentionally leaves the accident site or violates the obligation under provision 11, the lessee is also fully liable, unless the breach does not affect the assessment of the harmful incident. In cases of gross negligence and breach of contractual obligations, the lessee is liable to the extent of their fault. The lessee is also fully liable for intentionally caused damage. If damage is caused due to gross negligence, liability is proportionate to the lessee’s fault.

9.3 In other cases, legal regulations apply.

9.4 The lessor covers the cost of basic insurance against damage and theft of the vehicle, as well as personal insurance, while the lessee covers the deductible in damage, the amount of which is presented in the table according to the vehicle category unless otherwise defined by contract.

These clauses outline the responsibilities and insurance coverage related to damages incurred during the lease period, specifying conditions under which the lessee is released from or liable for damages to the leased vehicle.

Category           

Participation in demage

ECONOMY

400 € or 10 %

Category

Participation in demage

COMPACT

400 € or 10%

STANDARD

500 € or 10%

PREMIUM, COMBI/VAN

                                       800   or 10%

LUXURY

                                      1.000 € or 10%

9.5. By contracting and paying for the Additional Super Cover insurance for damages, the lessee can further reduce the deductible amount for damage (damage participation) to the minimum amount specified for each vehicle group in the Damage Participation Price List. All obligations and duties that the client has with the basic insurance package (CDW) also apply with the purchase of additional insurance.

9.6. A police report is mandatory for all types of insurance. Without a police report, the full amount of damage and/or theft will be charged to the lessee, regardless of the type of insurance purchased. A report must be made even in cases where the client was not present during the vehicle damage (e.g., the vehicle was damaged in a parking lot by an unknown person).

9.7. Description of the basic insurance package:

The lessor covers basic insurance against damage, theft, and personal insurance, while the lessee is responsible for the deductible in damage as determined according to the vehicle category and stated in section 9.4 of this document.

CDW (COLLISION DAMAGE WAIVER) – Damage insurance

CDW insurance does not cover damage inside the vehicle, damage to tires and wheels, damage to the lower chassis, broken and/or lost keys, damage caused by refueling with the wrong type of fuel, and damage caused intentionally or due to negligence. All listed damages will be charged in full when the vehicle is returned. When returning the vehicle, the condition of the vehicle will be inspected jointly by the lessee and the lessor’s official, comparing it with the condition at the time of pickup. Any changes in the vehicle’s condition or any new damages will be recorded in the rental agreement form and signed by both parties.

TPW (THEFT PROTECTION) – Theft insurance

TPW insurance does not apply if the vehicle was unlocked or if the key was left in the steering lock during theft. In case of theft, the key and documents must be with the client.

PAI (PERSONAL ACCIDENT INSURANCE) – Personal accident insurance

By purchasing PAI insurance, the driver and passengers are insured for death or injury resulting from a traffic accident during the rental period.

In summary, these clauses detail the insurance options available to the lessee, specifying what is covered and what is excluded, along with the mandatory requirement for a police report in case of damage or theft, regardless of the type of insurance purchased.

9.7.1. Insurance for damages to the vehicle – CDW:

The lessee is insured for damages to the rented vehicle in the event of a traffic accident and non-traffic accident by contracting and paying for Collision Damage Waiver (CDW) insurance.

The lessee is insured against damages due to non-use (standing) of the rented vehicle by contracting and paying for Collision Damage Waiver (CDW) insurance.

All damages to the vehicle during the rental period, whether resulting from a traffic accident or otherwise, must be reported by the lessee to the lessor, and the lessee must fill out a special Accident Report at the lessor’s office. The accident and damages must also be reported to the relevant Police authority immediately at the scene where the accident/damage occurred, and a police report must be obtained.

If a traffic accident and damage are not reported to the Police, the lessee will be liable to pay the full amount of damage on the vehicle, regardless of having contracted insurance with a deductible (CDW).

The lessee is required to provide a written statement on the accident report, regardless of the insurance for damage to the vehicle being contracted.

This insurance does not apply in the following territories and countries:

  • Kosovo and Metohija
  • Albania
  • Turkey
  • Russia and former USSR states
  • Islands and island states

For damages occurring in the listed territories, the lessee is liable to pay the full value of damages on the rented vehicle.

For all damages, the lessor is responsible for the deductible in accordance with section 9.4 of this document.

This section outlines the specifics of the Collision Damage Waiver (CDW) insurance, clarifying coverage, reporting requirements, exceptions (territories where coverage does not apply), and the lessee’s obligations in case of damages to the vehicle during the rental period.

9.7.2. Insurance for theft/loss of vehicle – THW:

The lessee can insure against the loss of the vehicle due to theft or disappearance during the rental period by contracting and paying for Theft Protection (THW) insurance.

In case of theft or disappearance of the vehicle during the rental period, the lessee must immediately report it to the lessor and the local Police where the theft/disappearance occurred, and fill out a Theft/Loss Report at the lessor’s office.

If the theft/disappearance of the vehicle is not reported to the Police, the lessee will be liable to pay the full value of the vehicle, regardless of having contracted Theft Protection (THW) insurance.

The lessee is required to provide a written statement on the theft/loss report, regardless of the insurance for theft/loss of the vehicle being contracted.

The value assessment of the stolen vehicle is conducted according to the catalog of the Automobile Association of Serbia.

This insurance does not apply to the territories of Albania and Kosovo, and for damages occurring in those areas, the lessee is liable to pay the full value of the stolen vehicle.

Regardless of any insurance on the rented vehicle, the lessee is responsible for:

  • Financial liability as stated in section 9.4 of this document.
  • Damage caused to the vehicle by the lessee or an authorized driver under the influence of drugs, alcohol, or other intoxicating substances.
  • Damage caused intentionally or due to gross negligence while driving.
  • Damage if the driver did not have a valid driver’s license at the time of the damage.
  • Theft if the vehicle was not locked or secured with an alarm at the time of theft.

The lessee undertakes to protect the lessor’s and their insurance company’s interests in case of an accident by:

  • Recording the names and addresses of the participants and witnesses of the accident.
  • Not leaving the damaged vehicle until it is removed from the accident scene and secured.
  • Immediately calling and waiting for the police to arrive in case of significant vehicle damage or injuries (even when the fault lies with other parties).
  • Submitting a written accident report to the nearest lessor’s office.
  • In case of failure to fulfill the obligations outlined in this section, the lessee will be liable for all consequences and damages resulting for the lessor from such failure.
  • The lessee can insure the driver and all passengers in the vehicle against disability or death resulting from a traffic accident involving the rented vehicle by contracting and paying for Personal Accident Insurance (PAI).
  • The lessor will not compensate the lessee for the loss or damage of personal luggage and goods located in/on the rented vehicle.
  • The lessor will not compensate the lessee for damages resulting from:
  • Any breakdown of the vehicle during use and/or
  • Delays in the delivery of the vehicle.

This section specifies the terms and conditions related to Theft Protection (THW) insurance, including reporting requirements, exceptions to coverage, and the lessee’s responsibilities in case of theft or loss of the rented vehicle during the rental period.

9.7.3. Insurance of the vehicle in full or partial amount may be borne by the Lessor if specified by special provisions.

10. Procedures in Case of Accident, Mechanical Failure, or Theft of the Vehicle

10.1. In case of a traffic accident or damage, the Lessee is obliged to follow the procedures prescribed by the insurer. Additionally, the Lessee is required to:

Immediately notify the police (192) and Autokomerc Logistika about the incident and follow their instructions.

Record details of the other participants in the accident or event.

Complete an accident/damage report with a sketch, even if the damage is minor. The report must include the names and addresses of involved parties and all witnesses, as well as the registration number of the involved vehicle.

Write a brief statement describing the causes and circumstances of the accident/damage.

Obtain a police report in cases of damage and/or theft, even if the Lessee was not present at the time of the vehicle damage.

Without a police report, the full amount of theft and/or damage will be charged to the Lessee, regardless of the type of insurance.

In case of vehicle theft, the Lessee must immediately provide Autokomerc Logistika d.o.o. with a copy of the theft report submitted to local police authorities, along with keys and official vehicle documents, if not stolen.

The Lessee must promptly prepare a written report with a sketch, even if the damage is minor. The accident report must include the names and addresses of involved parties and all witnesses, as well as the registration number of the involved vehicle.

The Lessee shall, at their own expense and without delay, deliver the leased item exclusively to Autokomerca’s authorized service and provide the Lessor with a written notice of the damage incurred. The Lessee undertakes to promptly take all necessary actions and measures in accordance with the insurer’s terms prescribed for the procedure of reporting, assessment, and settlement of damages. The Lessee shall not provide any settlement statements regarding damage to the leased item, which is exclusively the Lessor’s right as the owner of the item.

10.2. In case of complete (total) damage to the leased item and confirmation of total damage by the insurer, the Agreement shall terminate on the day of the next lease payment due date, counting from the day of reporting the damage to the Lessor. In this case, the Lessee undertakes to pay the Lessor the full amount of the lease for the month in which the total damage occurred. In case of complete damage to the leased item, the Lessor retains the right to claim payment in full.

10.3. In case of theft of the leased item, the Lessee undertakes to promptly report the theft to the nearest police station and inform the Lessor about it, along with a copy of the filed criminal complaint. In this case, the Agreement shall terminate on the day the competent police authority confirms that the vehicle has not been found within a reasonable period. In such a case, the Lessor has the right to charge the Lessee for the use of the leased item until the last day of the calendar month in which confirmation from the competent police station is received that the leased item has not been found. The Lessee is obliged to report the theft incident to the competent police authority and promptly provide the Lessor with a confirmation of the reported theft, as well as a confirmation from the police authority that the vehicle has not been found within a reasonable period.

10.4. In case of embezzlement of the leased item, the Lessee undertakes to promptly report the embezzlement to the nearest police station and to the competent public prosecutor’s office, to report the occurrence of the insured embezzlement case to the insurer with whom the leased item is fully insured, and to take all necessary actions in that procedure and provide all necessary information to the insurer in the process of reporting, assessment, and settlement of damages. Upon occurrence of the insured embezzlement case, the Lessee shall promptly inform the Lessor in writing, with mandatory submission of the embezzlement report confirmation issued by the Ministry of Internal Affairs, a photocopy of evidence of the filed criminal complaint to the competent Public Prosecutor’s Office, and confirmation of the reported insured event to the insurer with whom the leased item is fully insured. In this case, the Lessor has the right to charge the lease fee until the last day of the calendar month in which the embezzlement of the leased item occurred, which is determined based on the submitted documents/certificates, while the Lease Agreement terminates on the day of payment of the complete determined insurance amount in accordance with the insurer’s calculation.

10.5. In case the incurred damage for any reason is not compensated from the paid insurance amount or the insurance company is not obliged to pay the insurance based on the insurance terms, the Lessee undertakes to pay the Lessor the total damage and compensate for all additional costs, or at their own expense return the leased item to its original condition at an authorized service. If the Lessee fails to fulfill this obligation, the Lessor will, at the Lessee’s expense, restore the leased item to its original condition, while the costs incurred for this purpose will be invoiced to the Lessee within a reasonable period. The amount of damage will be assessed by an expert appointed by the Lessor. The Lessee undertakes to pay the assessed amount of damage and all costs of assessing the amount of damage to the Lessor’s account within 7 (seven) days from the date of issuing the invoice for this purpose. The Lessee agrees that the security deposit funds under the Agreement may be used for the purpose of compensating for damages, as well as the amount of the guarantee.

10.6. All possible amounts of material damage compensation incurred on the leased item are paid to the Lessor.

10.7. The Lessor will not provide consent for the payment of damages to the insurer upon their request until the Lessee fulfills all due obligations to the Lessor under the Agreement. Consent for payment of damages will not be issued even if the vehicle has been repaired in an unauthorized service without the knowledge and approval of the Lessor.

11. Duration and Termination of the Agreement

11.1. The lease agreement is concluded for a fixed term and terminates upon expiration of the agreed period. As the intention of the contracting parties upon conclusion of the lease agreement is its full performance within the agreed duration and scope, the contracting parties mutually agree that a significant element of the lease agreement and the reason for its conclusion is the fulfillment of the agreement in its entirety and duration.

11.2. The lease agreement concluded for a fixed term may terminate prior to the agreed term in the following cases:

11.2.1. The Lessor may notify the Lessee by registered mail with return receipt of the termination of the agreement (termination notice):

If the Lessee refuses to take possession of the leased item within the agreed period;

If the Lessee provides or has provided incorrect information about the use or condition of the leased item;

If the Lessee or the guarantor provides or has provided incorrect information about their income, revenues, and assets and/or if it is found that the financial status of the Lessee significantly differs from that established based on the provided data, so that the Lessor would not have concluded the agreement had they known such information;

If any agreed means of payment security and/or instructions provided by the Agreement become invalid for any reason, and the Lessee does not provide new, valid means of security within the prescribed period;

If bankruptcy proceedings or liquidation proceedings are initiated against the Lessee, or if the Lessee becomes permanently insolvent due to business account blockage for a period exceeding 30 days;

If the Lessee fully or partially delays payment of the lease or other due claims under the Agreement and fails to fulfill their obligation despite a subsequent deadline given from the date of receipt/attempts of delivery of another warning in accordance with the General Terms and Conditions;

If the Lessee breaches their obligation to conclude comprehensive (casco) insurance policy for the leased item, mandatory insurance policy for the leased item, or vehicle registration;

If the leased item is not used, maintained, or serviced in accordance with the terms of the lease agreement, General Terms and Conditions, and manufacturer’s technical warranty;

If the Lessee, who is a legal entity, relocates its headquarters abroad or ceases to exist, becomes unable to conduct business, or if there is no legal successor;

If the Lessee, who is a natural person, changes their residence, dies, becomes incapacitated for work or business, or if there is no heir;

If the Lessee fails to use and/or maintain the leased item in accordance with the agreement;

In case of danger or occurrence of extraordinary circumstances which, according to the lessor’s assessment, endanger or delay the performance of the lessee’s contractual obligations or if the lessor considers that the lessee will not be able to fulfill their contractual obligations;

If any mergers or other corporate changes occur at the Lessee in accordance with the Companies Act, without prior notification to the Lessor and if the Lessee fails to conclude an Annex to the Agreement within the prescribed period;

If the Lessee grossly breaches the provisions of the Agreement;

If the Lessee endangers or jeopardizes the lessor’s ownership or other rights and interests in the leased item;

Due to other reasons determined by law.

11.2.2. The Lease Agreement shall be considered terminated due to the Lessee’s fault on the day the leased item is returned to the Lessor by the Lessee, regardless of whether and when the Lessee received the termination notice. Until the day of returning the leased item to the Lessor, the Lessee is obliged to settle all obligations under the Agreement.

11.2.3. In case of termination or any other premature termination of the Agreement, the Lessor has the right to claim from the Lessee all outstanding and due obligations under and related to the lease agreement, together with any damages that will be calculated in accordance with the provisions of the Agreement. Accordingly, the Lessor is authorized to calculate and collect in a lump sum all due and unpaid rents according to the rental payment plan, as well as all outstanding claims (court, administrative, legal costs, service, maintenance, storage, return of leased items, transportation costs, etc.), and to use all received security under the Agreement for this purpose, including received guarantees.

11.3. After sending the notice of termination of the Agreement, the Lessor is authorized to initiate legal proceedings for the return of the leased item if the Lessee fails to do so, and to take all necessary legal and factual actions for this purpose.

11.4. In case of repossession of the leased item, as well as in case of termination of the Agreement, the Lessee undertakes to allow the Lessor or the designated person unrestricted access to the location of the leased item, and not to obstruct the process of returning the leased item. In this regard, the Lessee waives any claims for compensation for damage on that or any other basis.

12. Legal Consequences of Termination / Cancellation of the Contract

12.1. In case of early termination / cancellation of the Contract, the Lessee undertakes to compensate the Lessor for all damages incurred as a result of the termination.

12.2. The amount of damages due to early termination of the Contract by or due to the fault of the Lessee, within the first 3 months from the commencement of this Contract, shall be determined in the amount of 3 monthly installments of the contracted rent. The Lessee agrees that the Lessor shall retain the deposited amount as partial / full settlement of the determined damages.

12.3. The amount of damages due to early termination of the contract by the Lessee, within the period from 3 months after the commencement of the Contract until its expiration, shall be determined in the amount of the deposited amount, where the Lessee agrees that the Lessor shall retain the deposited amount as compensation for damages due to early termination of the contract.

12.4. By signing, the Lessee explicitly confirms that all agreed consequences of early termination of the Contract were presented to them before entering into the Contract, and that they have taken into account all circumstances determining the amount of the obligation in case of early termination of the Contract, thus waiving objections based on changed circumstances and the right to demand its reduction on any grounds. In case of early termination of the Contract within three months from the commencement of the Contract, the amount of damages due to early termination by the Lessee shall be determined in the amount of three (3) contracted monthly rents.

12.5. The amount of due rents and damages becomes due immediately upon receipt of the Notice of Termination, and the Lessor has the right to use all available means of payment security, including the amount of the guarantee. Within three months from the commencement of the Contract until its expiration, the amount of damages shall be determined in the amount of the deposited amount.

13. Return of the Lease Object / Place and Time

13.1. The Lessee undertakes that, upon expiry or premature termination of the Contract, they shall return the lease object to the Lessor in impeccable (correct) and traffic-safe condition, with a degree of use expected under normal and customary circumstances of use, including complete standard equipment, technical documentation including service booklet and vehicle registration, and all keys. Otherwise, the Lessee undertakes to compensate for any damage assessed by an authorized expert (appointed by the Lessor). The Lessor bears the costs of any assessment of the lease object.

When returning the vehicle to AKL, you must take the opportunity to inspect the vehicle together with the agent and sign a damage report if there is any damage during the return of the vehicle. The report must be signed with the indicated date and time of return in any case.

13.2. Out-of-Hours Return Service

AKL recommends returning the vehicle during business hours at the branch. However, to meet specific client needs, AKL offers an additional out-of-hours return service. If you choose this service outside of business hours, AKL reserves the right to compile a vehicle condition report without your presence, after handing over the keys and documentation. In the event that the vehicle is not returned on the date specified in the rental agreement and if you do not immediately inform AKL of the delayed return, AKL may consider the vehicle wrongfully withheld and has the right to report the case to the competent authorities.

13.3. Damages Identified in the Case of Return Outside Business Hours and Without Your Presence:

If damage is identified during the vehicle inspection by an AKL agent without your presence, AKL will send you the following documents:

  • Statement of vehicle return describing all identified damage
  • Photos of the damage
  • Cost estimate for repairs and administrative costs for processing the damage and immobilization of the vehicle.

13.4 Return of the Lease Object / Place and Time

When returning the vehicle, the Lessor and Lessee will inspect the lease object together. If any damage is noticed, a Vehicle Condition Report will be prepared, which must include the date and time of the lease object’s return, as well as any damage observed. If, due to certain circumstances, the lease object cannot be returned during the Lessor’s business hours, the Lessor reserves the right to compile the Vehicle Condition Report in the absence of the Lessee. If damage is identified during the lease object inspection, the Lessor will send the following documentation to the Lessee:

  • Statement of vehicle return describing all identified damage
  • Photos of the damage
  • Cost estimate for repairs and administrative costs for processing the damage and immobilization of the vehicle.

13.5. The lease object is to be returned on the date specified in the Vehicle Lease Agreement. If due to specific circumstances, the Lessee is unable to return the lease object on the date specified in the Agreement, they must promptly inform the Lessor. Otherwise, it will be considered that the lease object is wrongfully withheld, and the Lessor will initiate appropriate proceedings before the competent authorities.

13.6. The Lessor reserves the right to seek special compensation from the Lessee who returns the vehicle in a condition that does not correspond to regular and conscientious use, which may amount to the total value of all lease payments, as assessed by an authorized court appraiser chosen by the Lessor.

13.7. If the Lessee has made certain modifications to the lease object (additional equipment, improvements, etc.), these integrated improvements become the property of the Lessor. The Lessee does not have the right to claim reimbursement for these costs. In this case, the Lessee may restore the original condition (by removing parts and/or devices) in which the lease object was at the conclusion of the Vehicle Lease Agreement, provided that the removal does not diminish the value or functionality of the lease object.

13.8. The place and time of returning the lease object is determined by the Lessor. Upon return, the contracting parties will prepare a Return Report for the lease object, which will record the mileage at the time of return, all visually observable defects, the condition of the standard equipment set, the number of keys returned, and the status of the service booklet and vehicle registration. The exact condition of the lease object will subsequently be determined within a reasonable period by the opinion of an authorized appraiser / court expert.

13.9. If the Lessee does not return the lease object in the agreed manner, the Lessor is authorized to organize the return of the lease object at the expense and risk of the Lessee, and to issue new documents and keys. In this case, it is considered that the Lessee is aware of the potential criminal-law consequences of their behavior and accepts that such wrongful behavior may result in criminal-law liability for the Lessee or their authorized persons, in the case of a legal entity as the Lessee, for committing property crimes. The Lessee is also aware that in such cases, the Lessor may file a criminal complaint against any responsible person.

14. Costs of returning leased items

14.1. The Lessee bears all costs incurred in connection with the return of leased items. The Lessee also waives the right to claim compensation for damages and recourse claims for already paid amounts of rent and other expenses. In the event of the seizure of leased items, the Lessee undertakes to reimburse the Lessor for all expenses related to the seizure of leased items up to the amount of costs incurred.

14.2. The Lessee has no right to compensation from the Lessor for damages arising from the disabling of alarm and other devices preventing the removal of leased items, which were installed without the Lessor’s written consent. The Lessor is not responsible for personal belongings found in the leased item at the time of return or seizure.

15. Debt Calculation / Vehicle Appraisal

15.1. After the expiration or premature termination of the Agreement, the Lessor will calculate the rent payments and all other payments made up to that point based on which an invoice will be prepared and sent to the Lessee, requesting payment for any outstanding debts arising from or under the Agreement. The amount determined by the calculation shall be paid by the Lessee based on a separate invoice provided by the Lessor in accordance with the calculation, within the deadline specified in that invoice. Upon expiration of the specified deadline, the Lessor is authorized to activate all existing payment security measures for the Lessee’s obligations.

15.2. Upon the expiration of the lease period, an assessment of the condition of the lease object will be conducted (by an authorized expert or jointly established condition to which neither party objects). In connection with this, the Lessee will be obliged to reimburse for any excess mileage determined by the assessment, as well as to compensate the Lessor for any vehicle damage not resulting from conditions that may arise from regular use, as determined by the authorized appraiser / court expert’s opinion.

16. Compensation of Costs

16.1. The Lessee shall bear all fees, taxes, charges, and other costs related to the conclusion or termination of the Agreement, as well as costs for any agreements made by the contracting parties during the term of the Agreement, regardless of when these costs are charged to the Lessee.

16.2. The Lessee undertakes to settle all costs for which the Lessor will be charged (fines, legal fees, court costs, etc.) caused by the Lessee or any authorized third party.

16.3. By entering into the Vehicle Lease Agreement, the Lessee explicitly authorizes the Lessor to charge the Lessee’s payment method for any unpaid amounts related to the lease.

17. Additional Services

The Lessee may order additional services at prices shown in the following table, converted to dinars at the NBS exchange rate on the calculation date. The Lessee undertakes to settle all costs for repairing damages not covered by insurance, caused by the Lessee, an authorized driver, or a third party during the lease period.

Service

Price vith VAT

Pick up/ Delivery in Belgrade

20

Pick up/delivery outside Belgrade

Up to 50 km – 30 €,

Up to 100 km – 40 €,

Up to 200 km – 80

Up to 300 km – 120

Rental outside working hours

20

Additional for Super Insurance – SCDW

defined by contract

Additional for Premium Insurance – PCDW

defined by contract

Cleaning the car

20

Chemical cleaning

100

Cleaning seats

50

Cleaning front/rear seats

25

Cleaning child seat

10

Cleaning booster seat

10

Snow chain

Gratis

Fee for lost or damaged snow chains

50

Cross border fee

20

The Lessee shall bear all costs for damages incurred on the following vehicle parts not covered by insurance: wheels, hubcaps, undercarriage, rims, vehicle interior, and subsequently installed radio. The amount of costs shall be determined according to the price list of an authorized service provider.

Damage

Price with VAT

Tyre damage

Depand of type of tyre

Lost Key

250

Lost car documentation

100

Lost licence plate

100

18. Protection of Personal Data

18.1. Autokomerc Logistika d.o.o. processes Clients’ personal data solely for legal purposes, to the extent necessary to fulfill obligations imposed by current regulations and contractual obligations, in order to provide services to Clients. Autokomerc Logistika d.o.o. uses personal data for conducting business activities in accordance with the Law on Personal Data Protection. Autokomerc Logistika d.o.o. may disclose personal data to legal entities, individuals, or government authorities (police, courts, judges).

18.2. Potential users of Clients’ personal data must be regulatory authorities and government agencies, to whom Autokomerc Logistika d.o.o. is obliged to provide data in accordance with the Law. Autokomerc Logistika d.o.o. collects and processes such data in accordance with the Law and with the voluntary consent of the Client.

18.3. By signing this agreement, the Lessee agrees to the rules and principles regarding the processing of personal data. Accordingly, the Lessee voluntarily consents to Autokomerc Logistika d.o.o. processing the Lessee’s personal data in accordance with the Law on Personal Data Protection.

18.4. The Lessee is informed that the subject of the contract is equipped with GSM and/or GPS modem units, and by signing, confirms agreement with the mentioned measures for protection, monitoring, and control of the leased subject.

19. Final Provisions

19.1. In case of a dispute between the Lessor and the Lessee, the competent court shall be in Belgrade.

19.2. These General Terms and Conditions have been effective since November 1, 2021. All attachments to these General Terms and Conditions form an integral part thereof.

19.3. The Lessor has the right to amend and supplement these General Terms and Conditions even after the conclusion of the lease agreement. In such cases, the Lessor is obligated to inform the Lessee in writing within 8 working days. The amended and supplemented General Terms and Conditions shall apply to the contractual relationship under the lease agreement within 8 calendar days from the date of sending the written notice to the Lessee.

19.4. The duration of the contract is determined by the lease agreement.

19.5. The contract enters into force on the day of signing the lease agreement, of which these General Terms and Conditions are an integral part. The Lessee assumes all rights and obligations arising from the lease agreement and the General Terms and Conditions.

19.6. By signing the lease agreement, the Lessee and guarantors confirm that they have read the General Terms and Conditions and freely consent to them. They also accept all rights and obligations arising from them.