PREAMBLE: MARATHON RENT-A-CAR (hereafter “The Car Lessor”) and the “Lessee” herein acting in their respective capacities agreed on the lease by the former to the latter, of the motorized vehicle herein described, under the terms and conditions set forth on both pages of this lease agreement, all of which the Lessee hereby acknowledges to fully and unreservedly endorse.
DELIVERY OF THE VEHICLE: The Parties formally acknowledge the vehicle to have been duly delivered to the Lessee who, on his/her part has found it to be of his unconditional acceptance, free from any fault, mechanical problems or any damages whatsoever, otherwise whatever defective aspects are being duly itemized herein upon inspection of the vehicle in the presence of the Lessee. All spare parts, including but not limited to the statutory spare tyre, keys to the engine ea. have been found to be available where required.
LESSEE OBLIGATIONS: Upon taking due delivery of the motorized vehicle and for the entire term of the lease thereafter, the Lessee acknowledges to be fully liable for whatever damage or loss this vehicle may sustain. The Lessee shall be under the obligation to check on the normal function of the engine as well as of all other systems afferent to the latter. In case of fault, the driver shall be expected to immediately deactivate the vehicle and alert the Lessor. The Lessee shall further also be expected to maintain the vehicle’s interior clean, in as good as state of tidiness as it was upon delivery, free from sand (as the presence of sand is known to progressively cause rust, interfering with normal functioning of various systems whilst making the cleansing of the vehicle an extremely time-consuming process). Seats upholstery should be maintained dry, free of water (whether drinking or sea water, known to induce mustiness, damaging fabrics and slowly causing rust). Consumption within the vehicle of food, pastries etc. is prohibited. The Lessee has been made aware of the fact that no aspect relevant to the vehicle’s interior is covered by any insurance policy, the same restriction applying with respect to whatever mechanical damage may occur intentionally or as a consequence of negligent conduct (e.g. damages to the gearbox, the clutch, tyres worn or damaged as a result of spin-breaking, bad breaking or any other undue use of the vehicle).
IN CASE OF ACCIDENT: The Lessee shall be expected to immediately notify the company so that an inspection may be conducted in real time by the police, the insurer’s agent or by an officer of MARATHON’s. An eventual removal of the vehicle from the site of the accident before the on-site inspection was been conducted results in the forfeiture from any insurance benefits.
INSURANCE: Insurance policies solely and exclusively cover the case of accidents. Effectiveness of the insurance policy is conditional on the appropriate use of the vehicle as well as upon the vehicle being driven in conformity with the internationally applicable rules of motorized vehicle operation and no less upon the Lessee observing each one and all of the terms and conditions set forth in this Agreement. Third-party liability coverage is provided for all MARATHON RENT-A-CAR motorized vehicles, the Lessee being nevertheless entitled to request for additional insurance coverage, in exchange for payment of the corresponding premium.
ITEMIZATION OF [POTENTIAL] INSURANCE COVERAGE:
THEFT: Coverage extends to the vehicle along with all appurtenances thereto. Coverage does not include: personal items, valuables, electrical appliances, money as well as any other item not relevant to the vehicle (TPC).
FIRE: Caused as a consequence of collision
COLLISION –MATERIAL DAMAGE: Part of such damages may be covered whether partly or in whole, on a Collision Damage Waiver (CDW) or a Fire Damage Waiver (FDW). There will be no insurance coverage for cars loaded on ships, trains etc. or stationed in areas not formally designated as public parking lots. Insurance coverage becomes ineffective in case of unconventional or reckless use of the vehicle or in the event of the vehicle being driven on non-tarmacked roads or within non-tarmacked parking lots.
GLASS PANE BREAKAGE COVERAGE: All peripheral glass panes – no coverage for internal panes (e.g. radio board etc.) –Exception applies in case of accident. TYRES: Full coverage, conditional on the absence of any negligence on the part of the driver
PASSENGER COVERAGE: For all of the terms set forth above to apply, the Lessee shall have to tick and sign into the box corresponding to each item on the front page of this document.
AN ABSOLUTE RESTRICTION APPLIES as to the abandonment of the vehicle on any grounds, unless the company has previously been notified. The amount of indemnities shall be determined on the basis of relevant provisions under the Hellenic insurance legislation. Under no circumstances could the amount of indemnities to become payable hereunder be expected to exceed the limits provided for in the Greek law.
LEASE TERM: The period of time over which this lease is meant to remain in effect is determined by way of a relevant stipulation in the Agreement, binding both the Lessor and the Lessee hereto. CAUTION: No insurance coverage applies past the term of effect of this agreement whereas the Lessor shall be entitled to charge the Lessee accordingly.
CHARGES: The following charges are understood to be fully and integrally borne by the Lessee
- Traffic Police fines and penalties imposed as a consequence of acts or omissions imputable on the driver
- Damages occurring past the term of effect of the lease agreement
- Breach of any of the terms herein – each case likely to incur a particular fine, depending on the circumstances
- But for the event of force majeure, no refund of money paid upon entry of this agreement shall be possible
- Internal and external cleaning of the vehicle, in the event of defective use thereof.
- Mechanical damage and damages to the interior of the vehicle imputable on the Lessee.
PERSONAL DATA: The Lessee hereby consents to his/her data being duly and lawfully recorded. It is expressly understood that the Lessor shall be entitled to make use of such data in case of unlawful actions or omissions of the Lessee or in the event of the latter being in breach of the terms of this lease agreement.
EXTENSION OF THE LEASE AGREEMENT: The lease agreement may be extended in writing or by way SMS, E-mail etc. conditional on the consent of the Lessor.
RESPONSIBILITIES OF THE LESSEE: The Lessee is expected to see to the return of the vehicle at such time and to such place as the lease agreement may stipulate or to the site in which the vehicle was originally leased. Given that under no circumstances may the Lessee be considered to be or act as an agent for MARATHON, he/she is not entitled to have the vehicle repaired or execute any document whatsoever relevant to liabilities, indemnities ea. The parties hereto expressly understand that MARATHON may not be held liable for any damage or loss suffered by the Lessee or any third party whatsoever throughout the term of effect of this agreement.
DEPOSIT IN GUARANTEE: The amount of guarantee to be deposited is determined by reference to the value of the vehicle, the amount of lease agreed and the term of effect of the lease. Any debit balance to incur with respect to fuel, number of kilometres effected, damages outside the scope of insurance coverage or default shall be debited against the amount of guarantee or – in case of excess of such amount – by way of debiting of the credit card eventually provided in terms of guarantee. In case of breach of the terms of this agreement by the Lessee shall entitle MARATHON to terminate the lease as well as withholding the amount of deposit paid in guarantee. Any cession of use of the vehicle to persons other than those expressly stipulated in this lease agreement is strictly prohibited and if effected shall result to immediate termination of any insurance coverage, notwithstanding the incurrence of liability of the Lessee for payment of supplementary charges, damages, besides relevant consequences under the law of tort as well as besides criminal law liabilities for fraud etc.
APPLICABLE LAW – COURT JURISDICTION
The terms of this Agreement shall be governed by the Laws of the Hellenic Republic whereas exclusive competence and jurisdiction as to any dispute eventually to arise between the Lessor and the Lessee in connection with this agreement is hereby conferred unto the Courts of the Judicial District of Rhodes.
In witness thereof the present agreement is established in Greek and is hereafter acknowledged to be the sole act mutually binding the parties, its translated version only meant to serve information purposes to the benefit of the customer. In case of discrepancy between the Greek and the Translated text, the Greek original is understood to prevail.