The currently applicable General Terms of Service (hereinafter: SPS) were published on 29 July 2019 and are effective from the same date. By registering with the Giro app, the user confirms that he / she is familiar with the SPS and accepts its provisions. Please read SPS carefully as it contains important information regarding the user's rights and obligations.
Review of provisions:
TABLE OF CONTENTS
1. SPS
2. GIRO APPLICATION
2.1. General
2.2. User Confirmation
2.3. Confirmation of the vehicle intended for delivery
2.4. Conditions that the tenant must meet
2.5. Procedure for concluding a lease
2.6. The purpose of the application
2.7. Countries of operation
3. RENTAL PERIOD AND RENTAL PRICE
3.1. Start and end of the rental period
3.2. Duration of the rental period
3.3. Takeover moment
3.4. Rental price
3.4.1 Base rental price
3.4.2. Brokerage costs
3.4.3. Insurance premium
3.4.3.1. Giro-Triglav policy
3.4.3.2 Absence of Giro-Triglav shelves
3.4.4. Additional costs under SPS
3.4.4.1. Late return
3.4.3.2. Extra mileage
3.4.4.3. Cleaning the vehicle
3.4.4.4. Fueling
3.4.4.5. Minor injuries
3.4.4.6. Delivery service option
3.4.4.7. Rental of accessories
3.5. Price changes
3.6. Tax liabilities of GIRO or. lessors of natural persons engaged in the activity
4. DOCUMENTS REQUESTED AND APPROVED
4.1. The tenant's personal information
4.2. Checking on pickup
4.3. Approved drivers
5. TERMS OF PAYMENT AND SECURITY
5.1. Payment method
5.2. Registration procedure
5.3. Credit card reservation
5.4. The moment of paying the rental price
5.5. Refusal of reservation or payment
5.6. Lease termination and complaint
6. TERMINATION OF THE RENTAL CONTRACT
6.1. General
6.2. Tenant's cancellation
6.3. Landlord's cancellation
6.4. Other consequences of termination of the lease
7. TAKE OVER THE VEHICLE
7.1. Vehicle cleanliness and fluid status
7.2. Vehicle equipment
7.3. Checking the vehicle upon pickup
8. USE OF THE VEHICLE
8.1. Checking the vehicle during rental
8.2. Use during rental
8.3. Prohibited use
8.3.1. General
8.3.2. Tenant properties
8.3.3. Legal disposition
8.3.4. Processing
8.3.5. Other Prohibited Uses
8.4. Safeguards
9. VEHICLE DAMAGE
9.1. General
9.2. Obligations of the tenant after the damage to the vehicle has occurred
9.3. Theft
9.4. Repair of vehicles
9.5. Roadside Assistance
9.6. Liability exclusion
9.7. Indemnification of the tenant's damage
9.8. Indemnification from the tenant
9.9. Lease ratio after damage has occurred
10. RETURN OF THE VEHICLE
10.1. Condition of the vehicle upon return
10.2. Vehicle inspection
10.3. Early Refunds and Rental Extensions
10.4. Late returns and returns to an unspecified place
10.5. Vehicle cleanliness
10.6. Payment of additional costs
10.7. Dispute
11. GIRO RESPONSIBILITY
11.1. GIRO's obligations to users
11.2. The relationship between Gir and the landlord
12. LESSEE'S LIABILITY
12.1. General
12.2. Items in the vehicle upon returning the vehicle
13. LESSEE'S LIABILITY
13.1. Liability for damage
13.2. Misdemeanors and similar charges
14. GIRO RECOMMENDATION PROGRAM
14.1. General
14.2. Getting credit
14.3. Performance of the lease
14.4. Consumption of credit
14.5. Sharing reference links
14.6. Recommended Friends
14.7. More reference links
15. PERSONAL DATA
15.1. Processing of personal data
15.2. Protection of personal data
16. VEHICLE CONTROL
17. GIRO SERVICE PRICES
18. FINAL PROVISIONS
18.1. Deviation from the provisions of the SPS or the lease
18.2. Applicable law and jurisdiction
1. SPS
The SPS sets various restrictions, exclusions, rights and obligations relating to compliance with applicable laws and regulations, determines and regulates offers, the content of rental contracts, as well as other preliminary and subsequent stages of business cooperation between GIRO CAR SHARE, brokerage and services doo , Verovškova ulica 55, 1000 Ljubljana, Slovenia Registration Number: 8270970000, Tax Code: 16988264 (hereinafter referred to as "Giro") and users and users themselves when using an application accessible through the Play Store (Google) and the AppStore (Apple) by the Mobile Store and is intended for the conclusion of vehicle leases (hereinafter referred to as the Giro application). Both the lessor (the person who rents or leases the vehicle through the Giro app) and the tenant (the person who rents or rents the vehicle through the Giro app) are considered to be the user.
2. GIRO APPLICATION
2.1. General
2.2. User Confirmation
Only certified users can rent or lease vehicles in the Giro app. When registering for an application, the user must enter the following personal information into the application: first and last name, gender, date of birth, tax number, address, mail and place, country of residence, email address, telephone number, driving license number, photo of both sides of a valid driving license and a photo of the selfie with a valid personal document in his hand, showing the information contained in the document (hereinafter referred to collectively as: registration information). The user must agree to the SPS content during the registration process. The Giro then confirms the user. The Giro will not confirm the user if he or she has previously been removed from the Giro application due to a material breach of the lease agreement or SPS provisions, or if there is a reasonable suspicion of user identity.
Vehicles can also be rented and leased to legal entities that register with the Giro in accordance with an individual agreement with the Giro.
2.3. Confirmation of the vehicle intended for renting
Users must enter the following information in the Giro application of the vehicle they wish to rent: make, model, date of first registration, VIN (chassis number), registration mark, power in kW and photographs of the vehicle. Users must also indicate whether they will lease the vehicle as a rent-a-car company that has a special insurance contract for the rental of vehicles. If the vehicle does not meet the requirements for the Giro-Triglav policy as described below, a window will be displayed to the user in which he is explicitly informed again of the SPS conditions regarding the insurance of such a vehicle. If the user does not agree to these terms, the vehicle cannot be rented. and / or If the vehicle does not qualify for the Giro-Triglav policy as described below, a window will appear to inform the user that the vehicle will be approved for rental only after special consideration, when the lessor personally signs the statement to be aware of the risks involved in renting vehicles. The Giro then confirms the vehicle, guaranteeing the user the truth of the vehicle's data and photos. The user can ask Gir to have the vehicle photographed free of charge by a certified Giro photographer, as such photographs will allow him to successfully rent the vehicle. Users can lease multiple vehicles through the Giro app.
2.4. Conditions that the tenant must meet
The lessee can rent the vehicle after it has been certified and if it fulfills the rental conditions specified by the lessor. The landlord may decide freely and definitively whether the tenant qualifies for the lease.
Such conditions most often include age and content of the tenant's profile in the Giro application, which records the experience that other landlords have with the tenant, ie. rating and comment as stated in 15.1. SPS. Vehicles for which the tenant does not meet these basic rental conditions will not be visible to him in the application.
Bankruptcy may not be brought against the tenant, which the landlord must be sure of before concluding the lease. Giro will not review the official postings on the AJPES website.
The landlord may also refuse the rental application for other reasons on his or her own or the tenant's side.
2.5. Procedure for concluding a lease
After confirming the user in the Giro app, the user will see a list of available vehicles with posted photos, rental price, miles available, pickup location, vehicle insurance type and other details. If he chooses to rent a car, he sends a request to the landlord to use the Giro application to rent a specific vehicle for a free period. The landlord receives the request together with the tenant's information and, subject to the conditions set out in 2.4. SPS, decide whether to lease the vehicle to him. The landlord accepts or rejects the application within 24 hours at the latest. If the landlord does not respond within this period, the application shall be considered rejected.
If the landlord accepts the request, the lease agreement is considered concluded and will be valid upon the pickup of the vehicle. By accepting the request, a rental agreement is generated based on the information entered, which Giro sends to the users by e-mail. If the user has not received the contract within 1 hour from its conclusion, he should check the spam or mailbox. promotions and then informs the Giro of the possible absence of an email. The users will receive the rental agreement by e-mail even when they pick up the vehicle.
2.6. The purpose of the application
Leases are made exclusively through the Giro application. The Giro app also performs any other actions that it enables (eg actions to pick up and return a vehicle). In the event that an individual action does not allow the Giro application, users agree on it directly or through GIRO support. In accordance with the SPS, vehicles with a new purchase price of more than EUR 50,000 are subject to the special tenant's liability conditions, which may be agreed unanimously by the tenant and the lessor. Any such arrangements are outside the sphere of GIRO.
Giro proposes to communicate in writing with the ability to provide evidence of the content of the communication, with the possibility of subsequent verification of the content, as is enabled in the application itself under the "Inbox" section. However, in the cases specified in the SPS, a written agreement is obligatory. For emergency communications, the tenancy and tenant telephone numbers are also recorded in the lease agreement.
2.7. Countries of operation
The application is intended for the rental and rental of vehicles in all Member States of the European Union (EU).
The lessee can be located within the EU Member States by vehicle. Nonetheless, the landlord is obliged to give prior notice of the intention to leave the country of acquisition. In the event of a breach of this provision, the lessor may terminate the lease and request the lessee to fully reimburse the costs incurred.
The tenant must be domiciled in an EU Member State. If the tenant is not domiciled in the EU and / or wants to go to a non-EU country with a vehicle, we suggest contacting Giro, who will try to make every effort to conclude and enforce the lease.
3. RENTAL PERIOD AND RENTAL PRICE
3.1. Start and end of the rental period
The rental period, which is the basis for calculating the rental price, starts at the contractually agreed date and time of the start of the lease (pick-up) between the tenant and the landlord and ends on the actual day and hour of the vehicle returning to the landlord at the agreed location (return).
The lessor and tenant should be informed of any delay in picking up or returning the vehicle. In the event that the user has terminated the lease before picking up the vehicle, both users will be informed via the Giro application. Cancellation is possible under SPS terms. The user is obliged to provide to the other user, at his request or at the request of the GIRO, evidence of the reasons for the delay or cancellation, if he refers to them.
3.2. Duration of the rental period
The Giro app can be rented for at least 1 day and up to 90 days. After 90 days, a new lease may be signed for the same vehicle, but both the tenant and the landlord are required to complete the lease on the Giro application. The one-day rental of the vehicle lasts for a maximum of 23 hours, with the tenant returning it the next day one hour before the hour of picking up the vehicle, as stated in the advertisement for the rental car. The duration of a multi-day vehicle rental shall be calculated with a maximum duration of 23 hours on the first day as defined in the previous sentence and 24 hours each following day. If the Giro-Triglav policy is not concluded for the vehicle, the tenant and the lessor may agree on a different lease term.
3.3. Takeover moment
Unless otherwise agreed by the tenant and the lessor, the pickup of the vehicle shall be made on the day, time and place as agreed in the lease.
If the landlord is late in taking over, the tenant has the right to extend the lease period by twice the landlord's delay. If the landlord is more than one hour late in the acquisition, the tenant may terminate the contract.
If the lessee misses the vehicle for more than 1 hour and fails to notify the lessor, the lessor may terminate the contract for justified reasons, otherwise leaving the vehicle available for pick-up throughout the duration of the agreed lease. Although the lessee may not pick up the vehicle, he is obliged to pay the rental price as if he had just picked up and returned the vehicle in good time (including items 1, 2 and 3 of the rental price of the 3.4 SPS). In the event of the landlord's cancellation, Giro has the right to claim the brokerage costs (item 2 of the rental price 3.4. SPS) and the lessor to pay the basic rental price of the vehicle (item 1 of the rental price 3.4. to another tenant.
The lease period is not extended in case of delay and the tenant is obliged to pay the same rental price as if the acquisition had been completed in time.
3.4. Rental price
The price of renting a car for the first day is the same as the price of renting a car for the other days, despite the fact that the first day of rent can last up to 23 hours. The rental price consists of the following items:
- basic rental prices
- the cost of intervention (15% off car owner initial price)
- insurance premiums (if available for a specific vehicle); and
- additional costs in accordance with the SPS.
3.4.1. Basic rental price
The basic rental price is calculated by multiplying the number of rental days and the basic daily rental price. The base price of the daily rent is determined by the landlord when the advertisement is published. This includes one-day use of the vehicle, registration, compulsory insurance, regular servicing, initial preparation of the vehicle, final cleaning (unless otherwise specified by SPS) and a vignette if the vehicle is pre-loaded. If the landlord is a taxable person, the basic price also includes VAT. In particular, the basic daily rental price does not include fuel costs.
3.4.2. Brokerage costs
The Brokerage Service Giro charges the lessee an amount equal to 15% of the basic rental price of the vehicle, which includes VAT. This amount is reflected in the specification in the Giro application before the tenant sends the rental application to the landlord.
3.4.3. Insurance premium
The lessor can only rent a properly insured vehicle. When renting a vehicle through the Giro application, whether or not the vehicle qualifies for the Giro-Triglav policy, the lessor is obliged to adequately insure the risks arising from the commercial leasing of the vehicle to third parties.
3.4.3.1. Giro-Triglav policy
Zavarovalnica TRIGLAV dd, Miklošičeva cesta 19, 1000 Ljubljana, Slovenia Registration number: 5063345000, Tax number: SI 80040306 (hereinafter: Zavarovalnica Triglav) provides users of the Giro application with daily insurance at which the tenant pays the insurance premium only for the days when vehicle for rent (hereinafter: Giro-Triglav policy). The conclusion of the Giro-Triglav policy is compulsory for all vehicles with a new acquisition value of up to a maximum of EUR 50,000.00, as estimated by Zavarovalnica Triglav. The value of the vehicle as estimated by the lessor is not relevant for the conclusion of the Giro-Triglav policy. The conclusion of this policy is not obligatory for landlords who are engaged in rent-a-car business and have special insurance for the rental of vehicles. The user is informed when the vehicle qualifies for such insurance by adding the rental vehicle (lessor) or. in a rental car (tenant) ad. In the case of such insurance, the insurance terms of Zavarovalnica Triglav, which regulate all insurance issues, are an integral part of these SPSs. These insurance terms are part of the SPS, so the user is deemed to have consented to their registration with the Giro application. In addition, the landlord will consent to the content of these terms when adding the vehicle for rental to the Giro application, and the tenant before submitting the rental request to the landlord. These terms will also be sent to the users by e-mail, together with the insurance policy and the rental agreement. All liabilities of the insurance company arising from the Giro-Triglav policy are borne by Zavarovalnica Triglav. The Giro does not assume any obligations arising from such insurance.
The amount of the insurance premium is calculated by the Giro application, based on the personal data entered upon registration in the Giro application and the conditions of Zavarovalnica Triglav, and is shown in the specification before the tenant sends the lease application to the lessor. The insurance premium may vary in particular depending on age and gender and other circumstances arising from the insurance conditions. If a user is present on the list of risk persons of Zavarovalnica Triglav (black list), it cannot rent or rent a vehicle by signing a Giro-Triglav policy / in the Giro application.
3.4.3.2. Absence of Giro-Triglav policy
In the event that the vehicle does not qualify for the Giro-Triglav policy, the lessor shall be obliged to arrange for proper insurance of the vehicle as specified in 3.4.3. SPS. He is also aware of this obligation in the manner set out in 2.3. SPS. Notwithstanding this obligation of the lessor, Giro defines with these SPS the rights and obligations of users arising from possible damage to the vehicle. Unless the tenant and the landlord agree in advance or subsequently to different rights and obligations, those stipulated by the SPS shall apply. Although the landlord can agree with the tenant to pay an additional insurance premium, they cannot request it through this item.
3.4.4. Additional costs under SPS
The Giro app, in the return phase of the vehicle, offers an easy way to charge and pay extra. This item includes both costs that are a payment for the landlord's service (late repayment and additional mileage costs) as well as costs necessary to correct the tenant's breach of contract and restore the vehicle (cleanup, fuel and minor damage), all in accordance with the SPS as set out below. The landlord calculates the costs of the services separately and the costs for restoration of the previous state with sliders "other costs" or choosing the right level of cleaning. Additional costs excluding the cost of cleaning the vehicle referred to in 10.5. SPS may not exceed EUR 200.00. For the brokerage service in the realization of the lease contract (ie items from SAS 3.4.4), Giro charges the tenant an amount of 5% of the sum of item 3.4.4. SPS including VAT. This amount is shown in the specification when users in the Giro application complete the lease.
3.4.4.1. Late return
If the Lessee misses the return of the vehicle, he will be charged the costs as set out in 10.4. SPS.
3.4.4.2. Extra mileage
If the lessee travels a total of more miles with the vehicle than agreed upon in the lease, he will be charged the additional miles, in the amount as stipulated in the lease.
3.4.4.3. Cleaning the vehicle
If the tenant does not return a clean enough vehicle, they will be charged the costs as set out in 10.5. SPS.
3.4.4.4. Fueling
If the lessee does not return the vehicle with the condition of the fuel as it was at the time of pick-up, he will be charged the cost of filling the tank to the level it was at the time of pick-up.
3.4.4.5. Minor damage
In case of damage to the vehicle at the time of the lease, the lessor can directly charge the lessee the cost of repairing the vehicle due to minor damage.
3.4.4.6. Delivery service option
The lessor can provide the tenant with the delivery service of the vehicle to the desired address. This service may be free of charge or payable, and the tenant must be aware of this cost in advance.
3.4.4.7. Rental of accessories
Vehicle accessories may be portable navigation, hiking equipment or other sports equipment, vehicle equipment (eg child seats, snow chains), special tools and accessories. The rental of this equipment is calculated through the Giro application.
Alcohol, weapons, drugs, or other illicit items may not be offered as accessories.
3.5. Price changes
The amount of the basic daily rental price is in the exclusive domain of the lessor. The lessor may subsequently change the price, in the case of a long-term lease, even after taking the vehicle forward, whereby the lessee cannot cancel the contract due to the changed price without detrimental consequences for him, as arising from the general provisions on cancellation of the lease referred to in point 6 of the SPS. Despite the cancellation, the tenant is obliged to pay the basic rental price as agreed.
3.6. Tax liabilities of GIRO or. lessors of natural persons engaged in the activity
In the case of a natural person pursuing the activity, questions are also raised about the calculation of VAT, the establishment of an appropriate business form of the company and other issues, limiting the Giro from assessing these obligations of natural persons. The Giro also limits itself to assessing any liability of legal entities in any capacity (landlord or tenant). At this point, Giro explains only and only his obligation imposed by law and the consequences of such an obligation.
From the point of view of the current Income Tax Act (ZDoh-2), the income from the rental of vehicles is the income from the rental of property. The leasing of property involves the exploitation of property, which, in accordance with Article 46 of the ZDoh-2, means the pursuit of an activity. However, we are talking about performing activities when it is a continuous, permanent (ie not one-off or occasional) and independent or independent operation of a natural person. As a service provider defined in these SPSs, Giro is only a mediator between the tenant and the lessor, so the obligation to assess whether there is a tax liability has been shifted to the lessor, who duly indicates this in the Giro application [AF5]. Nonetheless, the Giro will consider the lessor as a natural person in the sense defined above if the vehicle is to be leased for more than __ months [AF6] or. submitted __ days in __ months and accordingly fulfilled its obligations under the law as arising from the sequel.
The Giro is obliged to calculate the withholding tax and pay the tax because it is a legal entity that receives from the natural person and for the natural person the income from which the withholding tax is paid. As rental income, Giro counts the base rental price (SPS 3.4.1) and those additional costs (SPS 3.4.4) that represent a vehicle use fee (delayed repayment and additional mileage) rather than costs necessary to restore the vehicle to its previous condition as a result of breach of contract or law (insufficient fuel on return, damage to the vehicle, including the need for more intensive cleaning according to the SPS). The Giro does not bear the (final) obligation to pay income tax on the rental of property, but in accordance with the law is considered only as a taxpayer who pays it on behalf and on behalf of the taxpayer. The Giro will deduct the amount of the withholding tax from the sum of the taxable income of the lessor and will pay it to the FURS, and will pay to the lessor the corresponding sum of the sum of the items in 3.4.1. and 3.4.4. SPS reduced by the amount of withholding tax and any other transaction costs as defined in the rental agreement of the Giro and the lessor.
4. THE DOCUMENTS REQUIRED AND APPROVED DRIVERS
4.1. The tenant's personal information
The lessee is obliged to immediately inform the Giro and the landlord of any change in the registration information provided, as well as of possible penalties for a serious traffic offense or an offense against road safety. If a lease has already been concluded, the Giro will provide the tenant and the landlord with an annex with the changed information. If the tenant does not notify the landlord of the change of information or give false information, the landlord may terminate the lease. The landlord may also terminate the contract if there is such a change in information that would otherwise have disapproved the rental application.
The lessee is obliged to provide the lessor, on request, with all the information that the lessee reasonably needs for third parties (insurance company, misdemeanor authorities and creditors in connection with the unpaid lease obligations of the vehicle) and for the exercise of their rights under the lease agreement (recovery of any of the items of the rental price and compensation). If the tenant does not provide this information to the landlord, it shall be provided by the Giro at the request of the landlord. The Giro will charge the broker the cost of the mediation as outlined in point 17 of the SPS.
4.2. Validation on pickup
When picking up a car, the lessee must submit to the landlord a valid EU driving license for the duration of the rental car. If the tenant does not submit it, the landlord reserves the right to cancel the contract.
4.3. Approved drivers
The vehicle can be driven by a tenant that has been confirmed in advance by the lessor and for which a Giro-Triglav insurance premium has been calculated. If the vehicle does not qualify for the Giro-Triglav shelf, the vehicle may be driven by prior agreement with the lessor, other drivers who must agree with the contents of the SPS and meet the additional conditions of the lessor. If the vehicle is leased to a legal entity, the legal entity must provide the driver with the consent of the contents of the SPS. Should the legal entity fail to do so, the lessor may not hand over the vehicle.
An approved driver is considered a tenant under SPS provisions. The original tenant, jointly with the approved driver, is jointly and severally liable for all damages and claims arising from the rental of the vehicle.
In case of violation of the provisions of the preceding paragraph, the tenant or. the legal person responsible for any damage.
5. TERMS OF PAYMENT AND SECURITY DEPOSIT
5.1. Payment method
Payments of obligations to be settled under the SPS can be made by Visa or Mastercard credit cards through the Giro application.
If the tenant is a legal entity, payments can also be made by bank transfer or direct debit (perennial) if the tenant's landlord has a positive credit rating. In this case, the landlord can apply to the Giro for a credit assessment of the tenant. All transactions are secured with 3D secure.
5.2. Registration procedure
When registering a user's credit card in the Giro application, a process is performed to verify the authenticity of the credit card information transmitted. For this purpose, Giro will charge the user credit card for EUR 1.00, which will be refunded.
5.3. Credit card reservation
At the conclusion of the lease agreement, if the Giro-Triglav policy is concluded, a reservation of funds in the amount of EUR 200.00 is made on the tenant's credit card. If the Giro-Triglav policy is not concluded, however, the security is booked in the amount of the security required by the landlord in the advertisement for the vehicle. The security serves as a guarantee that the tenant will pay the obligations under the lease, including compensation for any damage. If the costs referred to in point 17 of the SPS are to be charged to the tenant, Giro may pay that amount out of the reserved amount of the security, provided that it does not prejudice the interest of the lessor.
On the day of the rental of the vehicle, a reservation of the sum of items 1, 2, and 3 of the rental price referred to in point 3.4 shall be made on the lessee's credit card. SPS. The gyro or the landlord is not required to pay interest on the reservation of the tenant's assets.
The security reservation will not be canceled until the lease is finalized by the landlord and tenant. In the event that the Lessee returns the vehicle in accordance with the contract and there is no need to charge any additional costs under 3.4.4. The SPS and the landlord in the Giro app confirm that the reservation of the security on the credit card is canceled within 72 hours after the return of the vehicle. By pressing the "end trip" button in the Giro app, the landlord agrees to the full refund of the security. If users do not finish the lease within 48 hours of the end of the rental period and there is no dispute between them, Giro informs them that they are to terminate the lease. If, after 48 hours of sending this notice, the tenant and the landlord still do not complete the lease, it shall be terminated by the Giro and the lease shall be deemed to have been duly completed and the security shall therefore be returned to the tenant by the Giro. However, if the landlord makes a request for payment of additional costs or. a dispute arises and clause 9.6 applies. SPS.
5.4. The moment of paying the rental price
Payment of the rental price will be made after the rental has ended. Payment of items 1, 2 and 3 of the rental price referred to in point 3.4. SPS will be executed automatically, without the tenant's additional consent, as it is considered that he / she has already given the consent by submitting a rental application stating the amounts of these items. Payment of Item 4 referred to in point 3.4. SPS, which includes additional costs, will only be executed with the consent and new authorization of the tenant, who will be informed in advance of the amount of additional costs.
In the case of renting a vehicle for more than 7 days, the payments under items 1, 2 and 3 of the rental price referred to in point 3.4. The SPS shall be executed periodically, every 7 days from the date of pickup of the vehicle. In case such payment is refused, the landlord has the right to cancel the lease agreement if the tenant fails to make the payment in the due amount in the additional period.
5.5. Refusal of reservation or payment
If the reservation is made for an amount of 1, 2 or 3 item 3.4. SPS rental prices for any reason rejected by the credit card issuer, bank or tenant, it is considered that the lease was not concluded. The user is notified that the reservation has been declined.
In case the payment of the rental price from any item is for any reason rejected by the credit card issuer, bank or tenant, and the tenant did not make the payment after the deadline stated in the invitation, the Giro or the landlord (depending on who is the creditor) required claims) initiated the necessary legal proceedings, the costs of which will be borne by the tenant. In this case, the Giro will not, on behalf of the lessor, judicially seek or direct the recovery. Its obligation is limited solely to the booking and payment execution of the lessee's credit card, as defined in these SPS.
5.6. Lease termination and complaint
In the event of cancellation of the lease prior to taking over the vehicle or claiming, the reservation made will be canceled or canceled under the terms of the SPS provisions. the amount charged returns. The release of funds or the repayment of a payment shall be made in accordance with the terms of the tenant's credit card issuer. In the event that the reservation is not canceled within the time limit set out in the SPS, payment is not refunded, let the tenant contact their own bank.
6. TERMINATION OF THE RENTAL CONTRACT
6.1. General
Pending the confirmation of the rental application, the tenant may withdraw the rental application. The unilateral termination of the lease under the conditions defined below is possible through the Giro application and has immediate effect. Giro recommends that users contact the contractor and seek an agreement prior to the cancellation of the lease and immediately after the reason for the cancellation arises (eg agreement on a replacement term, reimbursement of 100% of the basic rental price, provision of a replacement vehicle, etc.).
- In case of cancellation 1 hour or less from the conclusion of the lease, payment of 0% of the basic rental price and 0% of brokerage costs
- in case of cancellation 10 days or more before the start of the lease, payment of 10% of the basic rental price and 50% of the brokerage costs
- in case of cancellation 1-10 days before the start of the lease payment of 30% of the basic rental price and 100% of the brokerage costs.
- in case of cancellation 24 hours or less before the start of the lease payment of 100% of the basic rental price and 100% of the brokerage costs.
If the Giro and the landlord are willing to accept the loss of revenue, the tenant receives 100% reimbursement of the rental price and the brokerage costs.
6.3. Landlord's cancellation
In the event of the landlord's cancellation, the tenant is not obliged to pay any item of the rental price.
The landlord is obliged to pay the tenant a fee of EUR 50.00 if he has canceled the lease less than 24 hours before the start of the lease. The landlord may withdraw from the contract without payment if he provides the tenant with an equivalent replacement vehicle.
A landlord who repeatedly fails to terminate a lease on a number of occasions may be prevented from renting vehicles through the Giro application.
As regards the payment of the brokerage costs, the provisions applicable to the termination by the tenant shall apply, with the cost of the broker being borne by the landlord.
The lessor may also terminate the lease agreement in all cases of the tenant's serious breach of the lease agreement or the provisions of the SPS.
In the event that there are several leases for different vehicles between the lessor and the tenant, the lessor may also terminate the other leases for a cancellation reason that applies only to one lease. Such cases are especially where the tenant intentionally damages the vehicle, conceals or attempts to cover up the damage, otherwise intentionally causes damage to the landlord or uses the vehicle to commit the crime.
6.4. Other consequences of termination of the lease
Any cancellation of the lease prior to picking up the vehicle shall be recorded in the Giro application, including the cancellation, which is made free of charge by the lessee. less than 1 hour after confirming the rental application. Such termination results in a lower user rating that is visible to landlords in the process of confirming a rental application.
7. TAKE OVER OF THE VEHICLE
7.1. Vehicle cleanliness and fluid status
The landlord is obliged to rent a clean vehicle. The landlord is obliged to warn the tenant of any visible damage to the exterior and interior of the vehicle. According to the provisions of the SPS, all of its equipment, such as keys, documents, license plates, accessories, related equipment and mandatory equipment are also considered as vehicles.
The vehicle must be filled with the right fuel. The lessee is obliged to return the vehicle with the same fuel condition as it was at the time of pickup. Fuel consumed is the cost of the tenant.
The landlord is advised to use the full-full method, ie. renting a vehicle with a full tank and receiving the vehicle upon return with a full tank.
If the landlord chooses to rent a vehicle with less than a full tank, we recommend that the tenant and the landlord take a photo of the fuel condition.
The same applies to the battery charge status of electric vehicles.
The landlord must ensure that the vehicle has sufficient engine oil, coolant, windscreen and other cleaning fluids (such as AdBlue) and sufficient tire pressure when it is picked up.
7.2. Vehicle equipment
The landlord is obliged to lease out to the tenant a vehicle with all the necessary equipment (spare tire or tire repair kit, wind protection for cabriolets, fire extinguisher, etc.), statutory equipment required (first aid kit, safety triangle, reflective vest, kit lamps, etc.) and otherwise in a condition that allows the tenant to directly use the vehicle for a contractual purpose. If the lessee intends to travel to another EU Member State by car, the lessee is obliged to arrange for the presence of mandatory equipment as required by the legislation of another EU Member State.
7.3. Checking the vehicle upon pickup
The lessee is obliged to check the condition of the vehicle upon receipt. It is obliged to check the amount of fuel, the kilometers traveled, the visible damage to the exterior and interior, and the presence of the equipment specified in 7.2. SPS, which documents everything in the Giro application according to the User Guidelines. The landlord is obliged to enable the tenant, upon picking up the vehicle, to thoroughly check the compliance of the vehicle with the contract and to take good-quality photographs of the vehicle and possible damage to it.
8. USE OF THE VEHICLE
8.1. Checking the vehicle during rental
The lessee is obliged to pay attention to the condition of the vehicle throughout the lease. In the event that it identifies defects on the vehicle that were not identified at the time of pickup, it shall immediately notify the lessor through the Giro application or by phone call, which shall give the lessee further instructions. If the fault on the vehicle makes it impossible to drive the vehicle safely, the lessee may not use the vehicle and, in the case of a Giro-Triglav policy, must call Triglav assistance. In case that the Giro-Triglav policy is not concluded, the tenant contacts the landlord and follows his further instructions.
In the case of long-term rental of the vehicle, the lessee is obliged to check and maintain a sufficient level of vehicle fluids during the lease, such as those listed in point 7.1. SPS and tire pressure, all at your own expense, according to the manufacturer's instructions. In the event of an interim need for regular service, technical inspection or other circumstances requiring action on the vehicle, it shall inform the lessor.
8.2. Use during rental
The lessee guarantees that it has the knowledge and ability to drive and otherwise operate the rental vehicle. The lessee is obliged to handle the vehicle with skill and care, in accordance with the contractual purpose, traffic regulations and other legislation. The vehicle may only use and dispense liquids (including fuel) to the vehicle in accordance with the manufacturer's, lessor's instructions and relevant regulations. The Lessee agrees to pay all the tickets, fees, fines, tow, parking and similar costs related to the rented vehicle. The lessee undertakes to protect and prevent claims arising from the operation or use of the leased vehicle during the lease and even after the lease, in the event of any damage, to Giro, the lessor and Triglav Insurance Company, if the vehicle is insured under the Giro-Triglav policy. during the lease term, against them. The tenant will also bear all the costs of legal representation and other legal services in this regard.
8.3. Prohibited use
8.3.1.General
Prohibited uses of the vehicle defined in 8.3. PCAs may result in termination of the lease, lowering the tenant's rating or, in the event of a serious breach, the tenant's exclusion from the Giro application. The lessor will be able to require the tenant to reimburse the vehicle for the restoration of the vehicle's previous condition, including legal action and recovery of damages, all at the lessee's expense. In the absence of a Giro-Triglav shelf, points in all cases are from SPS 8.3.2 up to and including 8.3.5. SPS Participation is excluded (SAS 9.8) and the tenant is obliged to recover all damages resulting from this breach.
8.3.2. Tenant properties
The lessee may not use the vehicle:
- if he has been revoked or suspended his driving license, or has been imposed a fine or a security measure forbidding the driving of a vehicle of a certain type or category, or a security measure forbidding the use of a foreign driving license in the territory of the Republic of Slovenia, a security measure for the withdrawal of a driving license or a termination driving license, or
- under the influence of alcohol, illicit drugs, psychoactive drugs or other psychoactive substances.\ The tenant is considered to be under the influence of alcohol in the following cases:
- if he or she has more than 0.50 grams of alcohol per kilogram of blood due to the consumption of alcoholic beverages, or has more than 0.24 milligrams of alcohol per liter of exhaled air,
- if, irrespective of the amount of alcohol in the blood, it shows signs of behavioral disturbance which may result in unreliable handling of the road,
- if the alcohol test is positive, however, it does not ensure that the blood test accurately determines the degree of its intoxication unless the blood is compromised by its health (eg hemophilia),
- if, after the occurrence of the injury, he avoids or refuses to investigate his intoxication, he consumes alcohol, making it impossible to determine the presence of alcohol in the blood or the degree of intoxication at the moment of the occurrence of the injury.
The tenant is considered to be under the influence of illicit drugs, psychoactive drugs or other psychoactive substances:
if it is found by peer review that it shows signs of behavioral disturbance causing unsafe traffic due to the use of illicit drugs, psychoactive drugs or other psychoactive substances, or
if it consumes illicit drugs, psychoactive drugs or other psychoactive substances after the damage has occurred, identification of these substances in the organism at the time of damage occurrence,
8.3.3. Legal disposition
The lessee may not sell, rent, lease, transfer or otherwise dispose of the vehicle in any way. The lessee must keep the vehicle free from third party claims. The lessee shall immediately inform the lessor of any third party claims, theft, loss or damage to the vehicle.
8.3.4. Modifications
The lessee shall not make any subsequent modifications to the vehicle, add accessories, replace parts, paint vehicles, affix stickers or inscriptions, or otherwise interfere with the appearance, ability or any other factory or reprocessed characteristics of the vehicle.
8.3.5.Other Prohibited Uses
In addition to the above, the following are prohibited:
- use of the vehicle in violation of technical regulations or the manufacturer's instructions for maintenance and operation of the vehicle
- improper refueling or refueling
- put into service to an unauthorized driver (4.3. SPS)
- driving outside the EU unless explicitly agreed otherwise (SPS 2.7)
- driving on unpaved roads unless explicitly permitted otherwise
- commercial carriage of persons unless expressly permitted otherwise
- use of the vehicle in racing, racing events and competitions
- use of the vehicle for testing or driving school
- use of a vehicle for the transport of dangerous substances which may be flammable, toxic, release vapors or otherwise dangerous
- the use of a vehicle to transport illegal substances or to engage in an illegal activity
- towing or pushing the vehicle
- leave the vehicle unattended with the engine running or with the keys in the vehicle
- smoking tobacco, marijuana, other substances, e-cigarettes or vaporizers in the vehicle
- bringing or transporting pets or other animals in the vehicle
- the carriage of cargo which may damage the interior of the vehicle and the transport of unsecured cargo
8.4. Safeguards
The lessee is obliged to take all necessary and possible protective measures for the vehicle while in traffic and at rest. The lessee may not use the vehicle in a manner that is inconsistent with the legal standard of the caretaker and which may cause damage to the vehicle, the lessor or third parties.
The tenant must lock the vehicle after parking, lock the steering wheel, must not switch off the alarm device or it must turn it on and in the case of convertibles it must always close the roof. When the tenant leaves the vehicle, they must take all the keys and documents of the vehicle and keep them securely from third party access.
Because electric vehicles do not produce noise, they may be inaudible to pedestrians, so the tenant should pay particular attention to this fact.
9. DAMAGE CAUSED BY A VEHICLE OR ON A VEHICLE
9.1. General
The rights and obligations of the tenant and the lessor with respect to insurance and damage are determined by the SPS.
In the case of a concluded Giro-Triglav policy, the rights and obligations of the tenant and the lessor in relation to insurance are also determined by the insurance conditions of Zavarovalnica Triglav, which in the event of contradictions take precedence over the provisions of the SPS.
9.2. Obligations of the lessee upon damage to the vehicle or with the vehicle
In the event that the lessee causes damage to the vehicle or the vehicle, the lessee must immediately notify Triglav Assistance (if a Giro-Triglav policy is signed for the vehicle), the lessor and Giro. If the damage is caused by a third party or caused by the tenant, the tenant first informs the police. The lessee is obliged to prepare, immediately and within 24 hours from the occurrence of the damage, a report on how the damage occurred. The report also includes photographs of the lessee showing damage to the vehicle with an event description and any other documentation. The tenant signs the report and sends it to Zavarovalnica Triglav, the lessor and Gir. The Giro will also notify the landlord of the damage.
In the event of a car accident, the lessee on-site assembles and then submits to the landlord a completed and signed European car accident report, which is also signed by the other person involved. He must also provide photographs showing damage to property, roadways and other traces and evidence. The lessee is obliged to record witness information with the name and address and any registration mark of the vehicle. The lessee is obliged to do everything in its power to properly explain the cause of the damage, the sequence of events and other facts.
In the event of a car accident or damage by a third party, the tenant is obliged to insist that the police record the incident, possible injuries to persons, eyewitness information and damage to property. If the police refuses, the tenant is obliged to obtain a written confirmation.
In the case of an accident involving an electric vehicle, the tenant is obliged to inform the police or fire department that an electric vehicle is involved in the accident.
The lessee is obliged to inform the relevant entities that it is not the owner of the vehicle but that it is leased. Whenever possible, the tenant is obliged to insist on immediate repayment of the damage. In the event that the third party wishes to partially or fully compensate for the damage to the vehicle, the lessee is obliged to draw up a document stating the amount paid to the tenant, the third party's information and the tenant and their signature. The lessee is obliged to immediately inform the lessor about the amount received and the amount thereof and to hand over the money to him.
The tenant must not plead guilty to the accident, settle with a statement or by paying any amount of money. The lessee may not leave the scene of the accident until it has completed all its obligations under the SPS
9.3. Theft
In the case of a vehicle theft, the tenant must immediately report the theft to the police and then the landlord. He must give all the facts known to him fully and truthfully. Such an obligation also applies in the case of lost keys, license plates or vehicle documents (these items are considered as vehicle equipment under SPS provisions).
In this case, the lessor reserves the right to prevent the vehicle from being taken away at the lessee's expense. The tenant's obligations in the event of theft are mutatis mutandis governed by the provisions of 9.2. SPS.
9.4. Repair of vehicles
The lessee has no right to order the repair of the vehicle without the written consent of the lessor. If the lessor gives such instruction, however, the lessee is obliged to do everything in his power to deliver the vehicle to a specific service and repair order. In this case, the tenant may ask the landlord for reimbursement.
9.5. Roadside Assistance
Assistance on the road or assistance is provided by Zavarovalnica Triglav if a Giro-Triglav policy is concluded. In this case, the user should contact the assistance of Zavarovalnica Triglav for assistance, whose information is shown in the email confirming the rental of the vehicle or vehicle. its attachments.
In case of need for assistance, the tenant should contact the landlord and follow his instructions.
9.6. Liability exclusion
Lessor in accordance with 3.4.3. SPS warrants that it has adequately insured the risks arising from the leasing of the vehicle to third parties for commercial purposes.
Triglav Insurance Company assumes responsibility for any damage arising from the breach of the provisions of the lease agreement in the event that a Giro-Triglav policy was concluded for the vehicle solely under its insurance conditions. Triglav Insurance Company assumes no responsibility for any damage arising from the breach of the provisions of the lease agreement in the event that no Giro-Triglav policy was concluded for the vehicle.
Giro assumes no liability whatsoever for the irrecoverability of compensation from the tenant for legal or factual reasons.
Giro assumes no liability whatsoever for any damage arising from the breach of the provisions of the lease, whether or not a Giro-Triglav policy was entered into the vehicle. The obligation of Gir is solely that in case of damage, it keeps the tenant on the credit card the reservation of the amount up to the reserved amount of the security, which he keeps for Zavarovalnica Triglav until the settlement of the dispute. In the event that the Giro-Triglav policy has not been concluded, the Giro will deduct the amount up to the sum of the secured security and the basic rental price as directed by the lessor and the amount of savings for the landlord until the dispute is resolved or until the authorized valuer gives an estimate of the damage that Giro respects . The Giro then transfers the amount due to the landlord and returns the overpaid amount to the tenant immediately. Giro accepts no responsibility for the booking or recovery of a sum higher than the above. The giro for storing or reserving this amount is not obliged to pay interest to the users.
9.7. Indemnification of the tenant's damage
The lessee has no claim against the landlord or Giro for the cost of the replacement vehicle, transportation or other damage resulting from the damage to the vehicle, whether or not the damage was due to his fault.
9.8. Indemnification from the tenant
If a Giro-Triglav policy is entered for the vehicle, the lessee's participation in the damage is limited to the amount of the security (EUR 200.00). If the insurance coverage is completely excluded, this amount is payable by the tenant.
If a Giro-Triglav policy is not concluded for the vehicle, in cases where the lessee is responsible for the damage to the vehicle, the lessee is obliged to pay the damage in full, but this liability is limited to the amount of 20% of the Eurotax value of the vehicle before the damage occurs (participation). In some cases of serious misconduct, when the SPS stipulates that participation is excluded, the tenant is obliged to pay all damage to the vehicle, without limitation, as stipulated in 8.3. SPS.
In the event that the landlord and tenant fail to agree on the amount of the damage, they may use the GIRO mediation service as specified in the SPS.
9.9. Lease ratio after damage has occurred
In the event of damage to a vehicle covered by a Giro-Triglav policy that prevents the lessee from using the vehicle, a replacement vehicle is provided to him by the end of the rental period provided by the assistance of Zavarovalnica Triglav. Depending on the severity of the damage to the vehicle, Triglav Insurance Company will provide the tenant with instructions on how to proceed when the lessee notifies him of the damage. In this case, the tenant is obliged to pay the rental price as if no damage had occurred. However, the landlord is not entitled to any income from this lease.
In the event of damage to the vehicle not covered by the Giro-Triglav policy, whether or not the lessee can still use the vehicle, the lease termination shall be terminated unless the lessee and the lessor agree otherwise. In arranging the landlord, the landlord shall in particular consider whether the fault is to be attributed to the tenant. The lessor is not obliged to provide the lessee with a replacement vehicle, and the lessee is obliged to fulfill all obligations regarding the return of the vehicle in accordance with the contract, if objectively. If the circumstances clearly show that the tenant is not guilty of damage, the lease ends in the usual way, but early, with the tenant not being obliged to pay the basic rental price and the brokerage costs for unused days (but is obliged to pay these costs for each start rental day). However, if there is a dispute between the landlord and the tenant about the tenant's liability for damages, clause 9.6 applies. SPS. If the lessee is found guilty of causing damage, the tenant is obliged to pay the full rental price, but for a maximum of 7 days.
In all cases, the lessee may, if the landlord so belongs, use a replacement vehicle provided by his insurance company for the duration of the lease.
10. RETURN OF THE VEHICLE
10.1. Condition of the vehicle upon return
Unless otherwise agreed by the tenant and the lessor, the return of the vehicle shall be made on the day, time and place as agreed in the lease. The lessee is obliged to return the vehicle at its own expense and risk in the condition as at the time of acquisition or. as derived from ordinary use in accordance with the lease agreement. The lessee is obliged to delete all personal data from the vehicle (ie entries into the navigation system, phone calls, phone book and other data) and to reset the vehicle's multimedia system in accordance with the manufacturer's instructions.
The vehicle is not considered returned until the lessor has taken possession of the vehicle.
10.2. Vehicle inspection
The landlord is obliged to inspect the vehicle upon return (especially the exterior, interior, miles, fuel condition) through which the Giro application guides.
The lessee is obliged to return the vehicle with the amount of fuel it had in the tank at the time of pickup. If the tenant returns the vehicle with less fuel, the landlord may request a refund and in this case he must take a picture of the fuel condition. If the tenant returns the vehicle with more fuel, he / she is not entitled to claim a refund.
All of the above applies to the state of charge of the battery in electric or hybrid vehicles and to the distance traveled. The amount of mileage agreed upon with the lease agreement is non-refundable.
In the event of exceeding the quota of miles agreed upon in the lease agreement, an allowance shall be paid in accordance with the converted price in the Giro application.
All findings of the vehicle inspection are agreed by the tenant by confirming the request for payment of additional costs. If the lessee is not present at the vehicle inspection, he is deemed to agree with the lessor's findings regarding the condition of the vehicle.
If users do not end their lease (end trip) within 48 hours of the end of the rental period and there is no dispute between them, the Giro notifies them to terminate the lease. If, after 48 hours of sending this notice, the tenant and the landlord still do not complete the lease, it shall be terminated by the Giro and the lease shall be deemed to have been duly completed and, therefore, the Giro shall not deal with any irregularities after the expiry of this period.
10.3. Early Refunds and Rental Extensions
The tenant and the landlord must inform and agree on any early repayments. For the early repayment of the vehicle, the proportion of the rental price will not be refunded.
If the tenant wishes to extend the daily lease term, he / she shall do so by leasing the vehicle through the Giro application.
10.4. Late returns and returns to an unspecified place
If the vehicle is not available for lease renewal or is available but is not renewed by the tenant more than 1 hour before the end of the lease, the tenant must return the vehicle to the landlord in good time.
If the lessee returns the vehicle to the agreed location more than 15 minutes late, he is obliged to pay a late return fee of 10% of the basic daily rental price of the vehicle charged in the application. If the lessee returns the vehicle more than 1 hour late, he is obliged to pay 20% of the basic daily rental price. However, if the vehicle is returned more than 2 hours late, the tenant will be charged an additional rental day in addition to the cost of the two-hour delay. The landlord reserves the right to demand a higher amount from the tenant if the late repayment has made it impossible to rent to another tenant in the amount of the total damage incurred (eg the cost of renting a replacement vehicle for another tenant who was unable to take over or lose the rent ).
If the lessee returns the vehicle to an unspecified place, he shall be obliged to pay the cost of transporting the vehicle to the agreed place in the amount of the normal cost of transport of the towing service. If the vehicle does not arrive on time at the agreed location, the lessee shall bear, in addition to these costs, the costs arising from the late return.
10.5. Vehicle cleanliness
The tenant is required to return a clean enough vehicle (inside and out) to allow the landlord to inspect for damage. If the vehicle has been so dirty that no damage can be identified to it, the landlord reserves the right to claim such damage from the tenant up to 48 hours after the end of the lease, if, upon returning to the Giro application, the vehicle has to be cleaned , which exceeds the usual rate. In the event that the lessor assesses or subsequently determines that the damage resulting from the cleaning of the dirt is significantly greater than the values below, he reserves the right to claim the entire amount of cleaning of the vehicle.
If the returned vehicle is substantially more dirty than it would normally be, the landlord may charge the tenant additional cleaning costs as defined below.
The tenant may be charged additional cleaning costs at the following rate:
basic cleaning EUR 25.00 - the exterior of the vehicle is very muddy and is the result of driving on unpaved roads, with lots of sand, food and other dirt inside; The interior can be cleaned by vacuuming and the outside by normal washing
intermediate cleaning € 60.00 - Smoke or other odor that can be removed by basic cleaning, small amounts of pet hair, stains on carpets, dashboards, seats or ceilings easy to remove
full cleaning EUR 150.00 - Smelling or other odor in the vehicle, large stains on floor mats, dashboards, seats or the ceiling, which cannot be removed by basic cleaning, but only by deep, greater amount of animal hair.
If the vehicle has damaged seats or is returned to a condition that cannot be repaired at first glance by cleaning, the landlord must take a detailed photo of the vehicle's condition and send the explanation to Gir. The landlord and the tenant will then seek to agree on the compensation through the mediation of GIRO.
10.6. Payment of additional costs
The landlord charges additional costs during the return phase of the vehicle in the Giro application as specified in 3.4.4. and other SPS provisions. The lessee receives the request for payment of the additional costs in the Giro application, as well as a notification via SMS and e-mail.
The amount of the additional costs may be fixed by the lessor immediately upon returning the vehicle, or no later than 48 hours after the return, if the vehicle was very dirty, as specified in point 10.5.
If the tenant agrees to the additional costs, the payment shall be made from the reserved amount of the security. An additional tenant shall be deemed to have agreed if he / she has not responded within 72 hours to the request for payment of the additional costs.
In case the request for payment of additional costs between the tenant and the landlord is in dispute or the tenant does not confirm, the provisions of 10.7 apply. SPS.
10.7. Dispute
In case the tenant disagrees with the proposed amount of additional costs, damage to the vehicle or if there is disagreement with the landlord about any other circumstances, the tenant and the landlord must take a photo showing the disputed condition of the vehicle or otherwise secure the evidence and send to Giro with explanation.
The landlord and tenant may, within 24 hours after the dispute has arisen (ie after rejecting the request for payment of the additional costs in the Giro application), submit to the Giro a consent to mediation and explain any circumstances regarding additional costs, damages or other circumstances. Namely, a complete and effective resolution of the dispute requires complete information from both parties involved. The Giro will respond within 48 hours of submission of the above documentation. In the mediation opinion he will give his vision of the event and suggest the amount of compensation or. damages to be agreed between the tenant and the lessor. If the submitted documentation is not sufficient for this assessment, then Giro will ask for additional clarifications and additional documentation and issue a mediation opinion or opinion within 48 hours of submission. explained why he could not betray him. Disputes are usually resolved within 10-30 days, depending on the responsiveness of the people involved.
When both parties involved reach an agreement on the amount of compensation or damage, the landlord calculates the amount to the tenant, the user confirms this amount and the payment is made through the Giro application from the reserved security.
In the event of disagreements between users, the Giro will, at the reasoned request of the user, when consent to mediation has not yet been submitted, contact the other user and seek to resolve the disputed situation.
11. GIRO RESPONSIBILITY
11.1. GIRO's obligations to users
With the Giro application, Giro merely creates and maintains a rental contracting platform and mediates its conclusion, but does not assume any responsibility for the realization of the lease. The Giro is not responsible for any missing elements and gaps in the rental agreement or SPS. Upon receipt of the lease, the tenant and the landlord are obliged to read it and inform each other first of all about any errors or missing provisions, and then to Giro.
Users can contact the Giro in case of problems with the Giro application or rental realization, and it will help them to the best of their ability.
11.2. The relationship between Giro and the landlord
The relationship between Gir and the landlord is more closely regulated in the Rental Agreement, which the parties entered into when adding the vehicle to the Giro application.
12. LESSEE'S LIABILITY
12.1. General
The landlord is responsible for breach of the lease in the case of willful misconduct or gross negligence. In case of breach of essential provisions of the lease contract, the landlord is also liable in the case of negligent negligence. Restrictions do not apply in the case of events dangerous to the body, health or life.
12.2. Items in the vehicle upon returning the vehicle
The lessor is not responsible for items left behind by the tenant after the vehicle has been returned. However, this restriction does not apply to intentional acts of the landlord or acts of gross negligence.
13. LESSEE'S LIABILITY
13.1. Liability for damage
The lessee is liable for damages in accordance with the law, the SPS, the lease agreement and the insurance terms for damage, destruction, loss of the vehicle, or other damage resulting from the lessee's unlawful conduct.
The lessee is liable for damages when executing or should exercise possession of the vehicle. The lessee is also liable for damages even if the landlord has canceled the lease contract for a justified reason, but the lessee has not yet made the return of the vehicle, in case of delay in return, etc.
The lessee's liability also relates to the cost of obtaining expert opinions or expert opinions, the cost of removal, the loss of value of the vehicle, and the loss of rent to the lessor or other landlord costs.
Any insurance coverage and payment of insurance coverage for damages for which the tenant is otherwise liable shall be settled by the lessor's claims for damages against the tenant. The lessee is not obliged to pay the damage paid by the insurer to the lessor.
13.2. Misdemeanors and similar charges
The lessee is obliged to comply with all traffic regulations, both in traffic and at rest, and to fulfill all (civil and public law) obligations arising from the use of the vehicle.
In the event that the tenant returns the vehicle to the lessor without the latter being present, the tenant shall bear all obligations arising from improper parking until the lessor takes possession of the vehicle.
If a tenant is fined for using a rented vehicle or administrative, misdemeanor or criminal proceedings are initiated, he shall be obliged to inform the lessor within 24 hours, but no later than the return of the vehicle.
In the event that the lessor receives the shipment with a notice, payment order, reprimand or other document from a public authority or company requesting the lessor as the owner of the vehicle to pay the renter or to pay the amount as a result of the obligation arising from the use of the vehicle by of the tenant, must inform the tenant thereof and request personal information and provide it to the sender. In case the tenant does not provide all the required information, the landlord may ask Giro for the information.
14. GIRO RECOMMENDATION PROGRAM
14.1. General
Giro allows users to earn credit for future vehicle rentals through the Giro app by suggesting friends to use the Giro app.
14.2. Getting credit
Users can earn credit if:
the recommended friend clicks on the user's reference link to create an account in the Giro app, create one, and validate it when Giro complies with the SPS; this gives the user a basic credit
In addition to the above, the recommended friend, after confirming the account, also performs the lease, either as the lessor or as the tenant, whereby the user who recommended the friend must not be a party to such lease; this will give the user full credit.
A user who has recommended a friend receives the basic credit specified in the draft invitation to friends or promotional material after confirming the account of the recommended friend.
The maximum user credit is EUR 5,000.00 (or the equivalent of another currency, if supported by Giro), unless otherwise provided in the draft invitation to friends or promotional material.
14.3. Execution of the lease
A rental made entirely by a recommended friend through the Giro application must have a total value (excluding Giro brokerage costs and taxes) of the amount indicated in the invitation to a friend, promotional material, website or Giro application in order for the user to receive credit. Depending on the exchange rate fluctuations, the value thus determined may change.
The user who has recommended a friend receives the full credit specified in the draft invitation to friends or promotional material upon completion of the rental of the recommended friend's vehicle.
14.4. Consumption of credit
The credit can be redeemed by the user through the Giro application when renting a vehicle solely to pay the brokerage costs referred to in 3.4.2. SPS. The credit will be automatically displayed upon booking the vehicle and must be used within 1 year of issue. After that period, the credit is deleted. The credit cannot be transferred to another user or exchanged for cash.
You can't earn credit by creating multiple Giro user accounts. The purpose of the credit is solely to promote the Giro app to new users.
In the event of a discrepancy in the amount of credit, the user may contact Giro. The gyro can then ask users for certain credit related information. All credit decisions are solely within the GIRO sphere and are final.
The credit is subject to personal income tax if the value of each gift exceeds EUR 42 or the value of the sum of all credit received from Giro exceeds EUR 84 in the income tax year. Giro calculates and pays a personal income tax advance of 25% of the gift value.
14.5. Sharing of reference links
Users can only recommend the Giro app for personal and non-commercial purposes. Reference links may not be posted or distributed on commercial sites. Users are not allowed to send spam (i.e. spam), which includes sending mass emails, SMS or other messages to people unfamiliar with the user. Users must also not use automated systems or the like. bots for disseminating reference links. Users should not pay to advertise their link.
14.6. Recommended Friends
Users who have registered with the Giro app using a referral link will also receive the credit specified in the invitation to friends or promotional material. They are subject to the same conditions as the users above.
14.7. More reference links
A recommended friend can only use one referral link to register. Only a user who has sent a referral link through which a recommended friend registers in the Giro app receives credit.
15. PERSONAL DATA
15.1. Processing of personal data
By registering in the Giro application, the user agrees to the processing of personal data for the purpose of concluding the lease agreement and at all other stages necessary for the realization of the lease, ie. rights and obligations therefrom. Giro will only process personal information that is strictly necessary to complete and execute the transaction. Because it is a higher value property, the landlord needs enough information to make sure the tenant is authentic and reliable.
Upon registration, the Giro requires the user to have previously defined registration information. The user can also add an avatar picture. Giro in the app also allows you to evaluate the landlord based on the criteria: responsiveness, friendliness and condition of the vehicle upon receipt, and the assessment of the tenant based on the criteria: responsiveness, kindness and condition of the vehicle upon return. Users are evaluated after the rental is completed and any comment added. The Giro app then makes a total score (the arithmetic mean of all scores) and enters it into the user's profile until the profile is deleted, along with another user's comment.
The Giro app also evaluates the responsiveness of the landlord and the landlord vehicles that are most responsive to tenant questions and most often accepts rental requests, posting at the top of the offer in a specific geographic area.
The Giro will allow the tenant to get an insight into the landlord's profile when submitting a vehicle rental request, which includes the following personal information: avatar picture, address, ____, and landlord's rating.
The Giro will allow the landlord to gain insight into the tenant's profile, which contains registration information and a tenant's rating, upon receipt of a vehicle rental request.
Giro will also immediately forward the registration information to Zavarovalnica Triglav for the purpose of verifying the presence of a person on the so-called "Giro-Triglav Vehicle Policy". "Blacklist" and to set a premium and fill out an insurance policy.
Giro will provide the necessary user registration information to the tax authority by submitting an income tax return. In case the Giro needs additional information, the user agrees to provide it.
15.2. Protection of personal data
Giro will handle personal information as required by European and Slovenian law. The Giro will make sure that personal information is properly protected from misuse or loss. Only persons who have an employment contract or other civil law contract bound by the obligation to protect personal data and who have been explicitly informed and informed of this obligation will have access to the personal data. In accordance with the obligation to notify, Giro will inform users about the transfer of personal data to a third party or. authority, all in accordance with the law.
16. VEHICLE CONTROL
Vehicles available for rent through the Giro application may be equipped with software to monitor location and measure vehicle acceleration. The presence of such software must be made known by the landlord to the tenant prior to the conclusion of the lease.
17. GIRO SERVICE PRICES
The cost of mediating the Giro in concluding the lease is defined in 3.4.2. SPS, and in the implementation of the lease agreement in 3.4.4. SPS.
Giro also charges users for the services necessary to mediate between the landlord and the tenant in the event of a breach of the user's obligation for another user to request Giro's assistance in the event of a dispute and mediation. Giro will charge the cost of the service to the offending user, with the cost of the mediation hour being EUR 50.00 including VAT. In the event of a dispute, the tenant and the landlord (each of them) will be charged EUR 50.00 (a total of EUR 100.00). If the tenant and the landlord then consent to the Giro mediation, the first hour of mediation and the preparation of the mediation opinion shall be free of charge (included in the amount from the previous sentence), and each subsequent hour shall be paid on the item 50.00 EUR, VAT included.
The Giro is also available to users on request for legal advice on issues relating to the rental of a vehicle at a cost of EUR 50.00 including VAT per hour from counseling or. drafting a legal opinion.
Giro will send the invoice for its services to the user upon completion of the lease or. after the service is rendered
18. FINAL PROVISIONS\ 18.1. Deviation from the provisions of the SPS or the lease
SPSs are an integral part of any tenancy agreement concluded by the tenant and the lessor through the Giro application. Part of the SPS are also possible insurance conditions. The tenant and the landlord may, by a written agreement, derogate from those provisions of the SPS that apply exclusively to them. In the event that the resignation of any of the provisions of the SPS also interferes with the legal position of the Gir, then the valid resignation shall require his written consent.
In the event that the landlord and tenant wish to agree on other terms or the rights and obligations of the lease, they shall agree this through messages in the Giro application.
18.2. Applicable law and jurisdiction\ All disputes arising out of or in connection with the lease agreement or SPS shall be governed by the law of the Republic of Slovenia. The court in Ljubljana is competent to decide the dispute.
Giro Contact Information:\ GIRO CAR SHARE, posredništvo in storitve d.o.o.\ Verovškova ulica 55\ 1000 Ljubljana\ Registration number: 8270970000\ Tax code: 16988264\ www.girocarshare.com\ kontakt: support@girocarshare.com
