Version 1 since: May 6th, 2019
1. Rental terms – Basic Terms and Conditions
2. Insurance Policy
3. Personal data security – GDPR
5. Cancellation policy – Change of reservation and deposit refund
7. Rental terms – Additional terms and conditions
8. Company’s obligations – code of conduct
9. Obligations of the users of rent a car services
10. Final regulations
These rental terms determine the rights and obligations between the rental company on one hand (Simeun rent a car and franchise partners) hereinafter referred to as Rental company and users of services on the other hand (User of our services or potential user of our services) hereinafter referred to as the user of services, and they represent the vehicle reservation service through the application www.cheapcarhire.rent and renting the vehicles reserved through our application www.cheapcarhire.rent in the physical terms.
1. Rental terms – Basic Terms and Conditions
1.1 “Rental company” rents a vehicle specified in the rental contract to the user of services, for the period and under the conditions specified in the Rental contract.
1.2 By signing rental contract, the user confirms that the vehicle was taken in the proper condition and with the fuel level specified in the Contract.
1.3 The user is obliged to pay for the fuel used during the rental period, as well as for the refueling.
1.4 The user is obliged to return the vehicle with all the accompanying or additional equipment and with the documents that were in the vehicle when it was taken, as stated in the checklist, which is an integral part of the Contract.
1.5 The user will return the vehicle on the agreed date or earlier at the request of the “Rental company”. If the user wants to extend the rental period, the user will ask for the written approval from the “Rental company”, at least 24 hours before the termination of the agreed deadline, and at the same time he/she is obliged to pay an additional deposit. Rental company has the right not to extend the contract.
1.6 The vehicle can be operated only by the user or by the person listed in this Contract as the second driver.
1.7 The vehicle cannot be used:
– for pulling other vehicles;
– for sports competitions;
– if the user is under the influence of alcohol or narcotics;
– if it is overloaded, i.e. if more passengers are being driven in it than it is permitted by the technical documentation for that type of the vehicle;
– for transportation of the animals, combustible and explosive materials, materials with unpleasant smell, and materials which shape can damage the interior of the vehicle;
– if a person is not stated in the contract as a driver or an additional driver.
-Border crossing limitations: Class A vehicles (Schevrolet Spark and Mercedes Smart) are allowed to cross the border up to 150km from the border crossing. All other classes of vehicles are allowed to cross the border up to 250km from the border crossing. It is mandatory to buy cross border option for crossing the border up to 250km.
Driving more than 250 km from the border is paid 10.00 euros per day for all the rental days.
1.8 The User cannot assign his/her rights from this Contract to anyone, nor he/she can sell (alienate) the vehicle or its parts and equipment.
1.9 The user cannot cross the border of the country where the vehicle was rented without the written consent of the “Rental company”, which must be stated in the Rental contract.
1.10 If the user exceeds the agreed deadline for returning the vehicle without the consent of the Rental company, the vehicle will be considered as stolen and Rental company will inform the authorities about that. In that case, the user will have all material, moral and criminal responsibility.
1.11 During the rental period, the user is obliged to take care of the technical security of the vehicle, to check the coolant and oil on a regular basis, and if necessary, to replace the oil. The expanses that the user had due to these actions can be refunded if the consent of the “Rental company” has been previously obtained and if the receipts have been brought. The expanses won’t be refunded if the user doesn’t have a receipt.
The user is responsible for all damages caused by improper maintenance, improper use of the vehicle and by driving on unclassified roads (roads without asphalt or concrete substrate).
1.12 The user will be charged for the costs of pulling the damaged vehicle, the costs of reducing the value and loss of revenue for the days of non-using the vehicle. The user will pay the costs that the “Rental company” may have towards third parties, and that are caused by improper use of the vehicle by the user.
1.13 In case of giving false information about him/herself, his/her address or driving license when renting a vehicle, the user of services is responsible for damages on the vehicle during the rental period caused by the user or a third party. In the case of damage towards third parties, the user will have the responsibility for all the costs that the “Rental company” may have on this basis.
1.14 The user is obligated to lock the vehicle and carry the keys and registration permit with him/her at the time when he/she doesn’t use it. Upon termination of the rental period, the user is obliged to return the keys and documents or to pay for their loss or damage:
1.14.1 Registration permit is charged 50,00 euros,
1.14.2 Keys 250,00 euros,
1.14.3 Green card 40,00 euros,
1.14.4 One registration plate 40,00 euros.
The above items are not the part of any type of insurance.
1.15 The user shall release the “Rental company” of any liability for theft, damage and loss of properties transported in the vehicle during and after the rental period.
1.16 During the rental period, the user will pay for the costs of parking, traffic penalties and for other costs that are not considered regular.
1.17 The user will not pay for the costs of mechanical defects on the vehicle if he/she has taken all necessary measures to avoid such defects.
1.18 The user shall release the “Rental company” of any material costs caused by defects, damages or accidents during the rental period, and the “Rental company” shall disclaim any such payment.
1.19 The user shall disclaim any compensation and repayment in case of the earlier return of a vehicle from the one that was stated in the rental contract.
1.20 The user is obliged to pay for all the expenses stated in this Contract within the legal deadline.
1.21. All payments until the moment of renting the vehicle are considered as a deposit. The final calculation and rental payment is done once the vehicle is returned (drop off), after checking whether the vehicle is damaged, checking the fuel level, vehicle dirt (other than regular dirt), traffic fines and similar things. Final calculation and payment is done in cash (from deposit), by charging credit card, and by payment to the “Rental company’s” account for legal entities. For legal entities, the deposit is returned after the proof of payment is given. For users who pay with a credit card, the deposit is returned after successful authorization at the POS terminal. In case of a transaction refusal, the rental is charged from the deposit, or in any other legal way. VIP users can rent a vehicle without deposit.
1.22 Penalties for unauthorized and illegal parking and other traffic offenses with a rented vehicle
The user pays all costs for unauthorized and illegal parking, violation of traffic regulations and all other violations that may arise from the use of a rented vehicle. If the rental company receives any of the above mentioned penalties after the rental, it will be charged from the payment card of the user of services. In that case, the amount of the penalty that will be charged is increased for the tax and the Administrative Fee of 30,00 euros per penalty increased for the tax. The rental company is obliged to send the user by e-mail the documentation on the basis of which the payment was made, and that is: Misdemeanor warrant with a photo of the vehicle, rental agreement and invoice. The original documentation is sent by post to the user’s address, which he stated when he made an online reservation or at the vehicle pick up. The rental company disclaims any responsibility in case if the user of services has not stated the correct e-mail address. The rental company disclaims any responsibility in case of incorrect postal address of the user of services, change of residence or non-delivery by the postal services.
In case that there is no possibility to charge the payment card of the user of services (The card has expired in the meantime, there are no funds, the card is blocked by the owner) the rental company notifies the user by e-mail (with documentation) to make payment within 7 days starting from the day when email was sent.
In case of silence or non-payment by the user of services, we initiate court proceedings. In this case, the user is charged for the amount of the penalty + tax, administrative costs of 30,00 euros + tax, court, attorney’s fees, costs of enforcement proceedings and interest until the final collection of the debt.
2. Insurance Policy
All of our vehicles are insured on the basis of:
2.1 Mandatory vehicle insurance towards third parties and CDW insurance (casco insurance with participation in damages from 500,00 euros to 1500,00 euros depending on the vehicle class). CDW insurance is included in the basic rental price and deposit from 500,00 to 1500,00 euros is paid, depending on the vehicle class.
Other insurances you can buy:
2.1.1 SuperCDW insurance (Full casco insurance which includes all damages in traffic, vehicle theft, windows, vehicle self-ignition). Tyre damages are not included. With SuperCDW purchased, you don’t leave a deposit. SCDW insurance is paid from 6,00 to 15,00 euros per day, depending on the vehicle class. It is bought in Step number 3 (Extras).
2.1.2 TP Insurance (Tyres protection with assistance) is purchased separately, and it is paid from 3,00 to 5,00 euros per day, depending on the vehicle class. It covers tyre damages and assistance. It is purchased in Step number 3 (Extras).
With the purchased SCDW and TP insurance, your participation in the damage is 0,00 euros. Police report is required.
2.1.3 CF Insurance (Cancellation Fee) prevents you from losing funds or part of the funds in case of an unplanned cancellation or a change in the reservation. It costs 2,00 euros per day. It is purchased in Step number 3 (Extras).
Insurance applicability in case of a damage. You must comply with the following conditions, so that the insurance is applicable.
2.2 The user is obliged to protect the interests of the “Rental company” in case of accident by:
– writing the names, addresses and registration plates of the participants and witnesses;
– taking the vehicle to a safe place before leaving it;
– informing “Rental company” and submitting a written report of a damage;
– calling and waiting for the traffic police authorities to make an official damage report.
– If the user fails to undertake the measures specified in the preceding paragraph in case of an accident, he/she will be responsible for all the consequences that “Rental company” may have due to such omission.
It should be noted that a police report is required for all damages (Traffic accident, Damages done at the parking by unknown persons, vandalism and similar things) so that the insurance can cover the damage. If you don’t have a police report, casco insurance doesn’t apply, and the user covers the complete damage.
In case of the vehicle damage in which the user has partial or complete responsibility, the provisions of the Law on insurance of the country in which the vehicle was rented shall apply.
3. Personal data protection – GDPR
PERSONAL DATA PROTECTION RULEBOOK IN ACCORDANCE WITH GDPR DIRECTIVE
This Personal Data Protection Rulebook defines the rights and obligations regarding the use of the application www.cheapcarhire.rent (hereinafter: Rental company), which is owned by: Simeun rent a car Ltd.-Podgorica, address: Ilije Plamenca 6s, postal code: 81000, country: Montenegro, VAT number: 02922541 (hereinafter: Rental company), which is used for online reservation of the vehicles and represents an online service of the legal entity: Simeun rent a car Ltd.-Podgorica, address: Ilije Plamenca 6s, postal code: 81000, country: Montenegro, VAT number: 02922541 – Rental company.
Rental company will process the necessary data of those persons who have given their consent for processing, for a clearly defined purpose, in a legally permitted way, so that the person to whom the data applies is not determined or determinable after the purpose of the processing is achieved, in proportion with the purpose of processing.
The processed data must be true and complete, it should be based on a reliable source, or a source that is not out of date.
Prior to data collecting, Rental company, as a data operator, informs the persons to whom the data applies about the following things: That the personal data operator, that is, the person responsible for data collecting on behalf of the Rental company, is authorized by the Rental company to collect the data and that the purpose of data collecting and processing is:
3.4.1 Providing an information society service,
3.4.2 Safety of the Service users,
3.4.3 Mediation or providing the conclusion of a contract between the Service users and the Rental company about the scheduling, booking and renting rent a car vehicles.
3.4.4 To use the collected data in a way that enables identification of the person, that is, the user of services, who enters the contractual relationship regarding scheduling, booking and renting rent a car vehicles through the Service, for the purpose of fulfillment of this contractual relationship, in accordance with good business practices, keeping business secrets and positive legal regulations.
3.4.5 That the persons who use the data are those persons who are employed in the Company, who have the authorization for data usage, and persons with whom the user enters into the obligatory relationship to the extent necessary for the realization of that relationship, as well as all the Authorities that, in accordance with the law and/or court decisions, have the right to use the data.
3.4.6 That giving personal data is voluntary, and that anyone who doesn’t want to be a registered user of the Service, or to use the services of the Rental company, is not obliged to leave any information, but that giving data is obligatory in the sense of the Law on Obligations and the Law on Tourism, that is, laws and regulations that regulate rights regarding rent a car services, renting and leasing cars and light motor vehicles and a limo service, with a purpose of exercising the rights and fulfilling the requirements of mentioned laws and regulations.
3.4.7 A person who has given consent about the collection and processing the data may at any time and without explanation withdraw his/her consent, which as a legal consequence produces the termination of the possibility of using the Service, getting any unsettled bills made during the use of the Service, and that any further data collection about the person who has withdrawn the consent will cease. If you want to withdraw your consent and delete your data, follow this link.
3.4.8 In case of unauthorized processing of the data of service users by Rental company, they have the right on personal data protection, as well as other rights that legally belong to them.
The way of providing and using the services of the Rental company is regulated by the Rental Terms and Conditions on the website of the Rental company.
The data collected for the above mentioned purposes are:
• first name,
• last name,
• date of birth,
• address (city, municipality, country),
• (mobile) phone number
• e-mail address,
• IP address of each single access to the Service, (including ‘cookie’ data).
Rental company may, in accordance with the law, collect certain information about the visits received during the use of the Service.
Rental company may use this information in order to improve its Service and information society services, and to adapt it to its visitors and users of the application.
Our e-mail newsletter provides latest information about prices, discounts, special offers, new products and other information to our users. Our newsletter will be sent only to those users who have agreed to receive it. You can log off at any time from receiving the newsletter, and you will be given the opportunity to do so by clicking on the link with each newsletter sent to your e-mail address.
When making a card payment via Internet, the card information is entered on the protected page of the bank or the intermediary in the payment.
The security of card payment data is guaranteed by the payment card processor on which pages the entire payment process is performed. The company never has the access to data from your payment card. When entering payment card information, confidential information is transmitted in a secured (encrypted) form, using the SSL protocol and PKI system, as the current newest technology. The security of the data during the purchase is guaranteed by the payment card processor or payment mediator, so the complete payment process is performed on the payment mediator pages. Not a single information about the payment card is available to our system and to the Rental company.
All general terms of the Rental company must be in accordance with this Rulebook on personal data protection. If any general term of the Rental company doesn’t comply with this Rulebook regarding personal data protection, the provisions of this Rulebook will be applied.
Each printed copy of this Rulebook produces complete legal effect on the basis of the provisions of the Law on Electronic Document and its validity can’t be brought to question.
Franchise partners of the Rental company, with whom the Rental company has a contract for online reservation of the vehicles, have agreed with this Rulebook and are obliged to comply with all the provisions and articles of this Rulebook on personal data protection in accordance with GDPR directive.
Podgorica, Montenegro, Date: 05/03/2018
Simeun rent a car Ltd., Podgorica, Montenegro
Director, Andjela Aleksic
4.1 Rental company is not considered responsible in material, moral or criminal sense, for damage or loss of property of service user and passengers, held in a rented vehicle or transported with a rented vehicle.
4.2 By signing this contract, the user of services explicitly disclaims any petition for compensation demanded from the the Rental company, in case of the above mentioned damage or loss.
4.3 Rental company is not considered responsible in material, moral or criminal sense, in case of an accident, vehicle theft, vehicle damage, vehicle inflammation and vehicle malfunction. The deadline for replacing the vehicle in these cases is 6 hours if the vehicle is in the country where it was rented, and 12 hours if the vehicle is out of that country, starting from the moment of receiving written notification via e-mail.
4.4 By signing this contract, the user of services explicitly disclaims any petition for compensation demanded from the Rental company, in case of the above damage or loss.
4.5 By signing this contract, the user disclaims the right of any type of compensation in case of early return of the vehicle.
4.6 By signing this contract, the user disclaims any right of compensation in case of bringing back more fuel that there was when he/she picked up the vehicle.
4.7 Rental company disclaims the obligation to refund the paid amount in case of non-compliance with the policy of cancellation, change of reservation and deposit refund, and the provisions of Cancellation policy-change of reservation and deposit refund shall apply.
5. Cancellation Policy – Change of reservation and deposit refund
6.1 HOW THE RENTAL COMPANY KEEPS AND PROTECTS MY PERSONAL DATA
Rental company, hereby, notifies the users of services about processing their personal data.
Rental company processes the minimum personal data of the users of services only for the purposes defined by the law, and to the extent necessary to fulfill the obligations of the rental company towards the users of services, and which the rental company has defined in the contractual obligations, in order to provide a high quality service to the users of services.
Rental company uses personal data for the improvement and implementation of business activities, in a way and in accordance with the Law on Personal Data Protection. Rental company will never disclose personal data to a third party except for the force of law (regulatory authorities, police, court, state authorities and banks).
Rental company owns and processes the data in accordance with the Law and the voluntary agreement of the users of services.
By booking vehicles through our application, or by signing rent a car rental contract, the user of services agrees that he/she is notified in advance by the rental company about the rules of processing personal data.
The users of services, in that way, give a voluntary consent that the Rental company can process their data in accordance with the Law on Personal Data Protection and the GDPR directive.
In accordance with the Law on Personal Data Protection, the following link allows you to delete or modify your data.
You can only send a request for data deletion after returning the vehicle.
In case of requests for data deletion before the start of the rental, the reservation will be canceled and the provisions of the Cancellation Policy-change of reservation and deposit refund shall apply.
In case of requests for data deletion during the rental period, the contract is terminated and the user of services has no right on compensation for the rest of the rental days.
Rental company cannot be considered responsible for any misuse that cannot be ascertained as a consequence of the technical and security omission of the application www.cheapcarhire.rent or the omission of the Rental company employees.
6.2 OUR OPINION ABOUT PRIVACY AND DATA PROTECTION
Privacy and data protection of our users of services fall under the basic human rights and they are our priority. It is our responsibility to take care of the users of our services and their personal data.
The personal data of the users of services are the responsibility, they will be collected and processed only in case of booking through our online application to the necessary extent, and when renting a vehicle or signing a contract.
We will never sell, rent or otherwise distribute or publicly disclose your personal data or their parts.
6.3 LEGAL FRAMEWORK
Together with our business and internal computer applications, this application is designed in accordance with the following national and international laws related to the personal data protection and the users of services privacy:
6.3.1 The EU Data Protection Directive (DPD)
6.3.2 Consumer Protection Act
6.3.3 Law on Personal Data Protection
6.3.4 The General Regulation on EU Data Protection (GDPR)
6.3.5 Law on electronic commerce
The compatibility of the rental company web application is in the above mentioned legal regulations, which are supported by all EU members, and most likely the rental company web application is in accordance with the data protection and users privacy laws, also set by many other countries. If you are not sure whether a web application complies with specific legal data protection regulative and data protection laws in your country of origin, contact our data protection officer through this link for detailed clarification.
6.4 PERSONAL DATA WE COLLECT AND THE REASON OF THEIR COLLECTION
This application collects and uses personal data for the following reasons:
Tracking website visits
This web application uses Google Analytics (GA) to monitor users interaction, in order to determine the number for our application, from where they come and improve the potential users experience. Although GA records data such as your geographic location, your device, browser, and the operating system you use, none of these data can identify you personally. GA also records the Internet Protocol (IP) address from which access was made, as it could be used for personal identification, but we don’t have an access to it as it wasn’t approved by Google. We consider Google to be a third-party data processor (see article 4 below).
If you don’t accept using cookies at your browser, GA will stop following any part of your visit at any part of this web application.
E-mail contact address, if you decide to contact us through contact form or online through our application, will not be saved at the page or processed by the third party. Instead, the data will be collected in an e-mail and will be sent to us via the Simple Mail Transfer Protocol (SMTP). Our SMTP servers are protected by SSL technology (HTTPS), which means that the content of the e-mail is encrypted by SHA-2, 256-bit cryptography before it was sent through the internet. The e-mail content is processed on our local computers.
6.5 PARTNERSHIP COMPANIES THAT PROCESS THE DATA (THIRD PARTIES)
We use a certain number of services of our business partners to process personal data on our behalf. These companies were carefully selected and they comply with the regulations mentioned in article 2.
6.6 BREACH OF DATA PRIVACY
If there is any breach of privacy of the data from our database or database of any of our partners, we shall notify all relevant persons and authorities within 72 hours from the breach, if it is obvious that the stolen data has been sent in such a way that the identity of the data owner can be revealed.
6.7 GPS VEHICLE TRACKING
All rental company vehicles are equipped with GPS technology that allows us to determine the position of the vehicle, movement history, speed and battery charge. Rental company has the right to equip additional categories of vehicles with a tracking device. By booking your vehicle online through our application or by signing a contract, you have given a voluntary agreement that the Rental company can: collect, use and keep the history of the vehicle position, movement, speed and vehicle battery charge.
6.8 CHANGE OF STATEMENT ON PRIVACY AND DATA KEEPING
This privacy statement may be modified from time to time in accordance with legislation or development of the IT industry. We will not directly inform our clients or users of the web application about potential changes.
We recommend you to visit this site from time to time in case of a partial modification of the privacy statement.
6.9 All OF OUR ONLINE ACTIVITIES ARE IN ACCORDANCE WITH EUROPEAN LEGISLATION
1. EU Directive 95/46 / EC, 2002/58 / EC
2.Treaty Conventions ETS 108, ETS 181, ETS 185, ETS 189
3. GDPR (General Data Protection Regulation)-General Regulation on the Protection of
4. EU recommendations on personal data protection and electronic commerce.
7. Rental Terms – Additional terms and conditions
8. The company’s obligations – Code of conduct
8.1 Rental company is responsible in accordance with the local provisions of the Law on responsibility of product quality.
8.2 The user shall release “Rental company” of any material compensation caused by defects, damage or accidents during the rental period, and the “Rental company” shall disclaim any obligation to pay.
8.3 The user shall disclaim any compensation and refund in case of the earlier return of a vehicle from the one stated in the rental contract.
8.4 Rental company guarantees that they will stick to the reservation made through the application www.cheapcarhire.rent and that they will act accordingly.
Rental company is considered to be a compulsory code of conduct for the tourist branch of vehicle renting and leasing, which was published by Leaseurope. You can get more details on the leaseurope.org website.
9. Obligations of the users of rent a car services
9.1 When making an online booking of the vehicle, the user of services accepts the rental terms set by the rental company.
9.2 At the pick up of the vehicle, the user of services accepted the rental terms set by the rental company.
9.3 By online booking or signing the contract the user of services obliges to be bound by the terms of the contract, that he/she will operate the vehicle as the good host, and that he/she will pick up the vehicle at the location, date and time specified in the online reservation.
9.4 Not showing up at the pick up location can result in the loss of the full paid amount (read rental terms).
9.5 By signing a contract, the user is obliged to return the vehicle at the location, date and time specified in the rental contract.
9.6 Not showing up at the return location can cause an unpleasant situation because the Rental company will inform the local police that the vehicle was alienated and a search warrant will be issued for that person and vehicle.
9.7 In case of being late at the drop off location, it is obligatory to notify rental company via e-mail firstname.lastname@example.org
9.8 The user of services is obliged not to use the vehicle in an alcoholic state, in case of consuming narcotics, for driving more people than allowed, for races, outside of the paved roads (a road that is not covered by asphalt), for pulling other vehicles and trailers.
9.9 The user states that he/she knows how to use the vehicle that he/she has rented (automatic or manual transmission), that he/she has previously driven a vehicle with such a gearshift and that he/she has understood the training about the basic functions of the vehicle specified in the rental contract. If he/she didn’t understand the training, he/she may ask our authorized representative to clarify or repeat it.
9.10 Any non-compliance with these obligations causes the legal effect that the rental company charges the payment card with the amount necessary for the repair of the vehicle resulting from non-compliance with the above provisions.
9.11 In case of impossibility of charging the payment card article 9.10, a court procedure will be initiated with a request to block the money on the accounts and property until the final debt settlement.
10. Final regulations
10.1 This Contract has been written in English language, in accordance with the Continental Law, the version in other languages is considered to be only a translation.
10.2 In case of any misunderstanding or disputes, the English version of the contract is valid and will be used to interpret the terms of this Contract, unless it is in accordance with the laws of the country where the vehicle is rented. In that case, the provisions of the contract shall be applied in the language of the country in which the vehicle was rented.
10.3 The official pricelist of the “Rental company” that is in force at the time of creating this Contract and which is displayed through our application during an online booking represents a valid price when renting a vehicle.
10.4 Amendments to the terms of this Contract are possible only with the written consent of both parties.
10.5 In case of a dispute arising out of fulfillment of this Contract, the Court of the country where the vehicle was rented shall have the jurisdiction.
Thank you for booking the vehicle using our application www.cheapcarhire.rent
In case of non-compliance with rental terms and conditions, the user of rental services has the right to terminate the contract unilaterally, without the refund for the days of the vehicle non-use.