General Terms and Conditions of Business
1. INTRODUCTORY PROVISIONS
These General Terms and Conditions of Business shall apply to all relationships entered into by AB1 d.o.o., Ljubljana (hereinafter referred to as AB1) with third parties (hereinafter referred to as the Renter) in connection with its core business and shall form an integral part of the Vehicle Rental Contract concluded between the third party and the Company.
AB1 and the Renter shall confirm the validity of these General Terms and Conditions of Business by signing the Vehicle Rental Contract, and the signature of both parties shall also constitute an express declaration by both parties that they are fully aware of the contents of these General Terms and Conditions of Business and accept them.
Any breach of these General Terms and Conditions of Business by either party shall constitute a breach of the contractual provisions and shall be sufficient grounds for the other party to immediately withdraw from the contract of which these General Terms and Conditions of Business form an integral part and to claim from the breaching party any damages that may have been incurred as a result of the withdrawal.
The rental of a vehicle under the Contract of which these General Terms and Conditions of Business form an integral part is limited in territory to Europe only (there are some restrictions within Europe) and the Renter may not use or take the rented vehicle outside Europe. Rental of the vehicle without territorial limitation of use is only possible by specific prior written agreement between AB1 and the Renter. In the event of non-compliance with this provision by the Renter, AB1 shall be entitled to terminate the Vehicle Rental Contract immediately and the Renter shall be liable to AB1 for any damage and loss of profit that may result from the non-compliance.
2. AUTHORISED VEHICLE OPERATION
Any use of a vehicle, regardless of where, how or when the vehicle is used, shall be considered as operation of the vehicle.
a) A vehicle rented under the Contract of which these General Terms and Conditions of Business form an integral part may be driven or operated by:
• a person, i.e. a natural person, who has concluded the Vehicle Rental Contract; the Renter may only be a person who holds a valid driving licence for the relevant category. The Renter shall be presumed to hold a valid driving licence for the relevant category, if they present the licence when picking up the vehicle. In the event that the Renter is a legal person or a person governed by civil law, the Renter shall be obliged to hand over the vehicle for use exclusively to natural persons who hold a valid driving licence for the relevant category;
• a person over 21 years of age who has held a valid driving licence for at least two years;
• if the person is under 25 years of age and has held a valid driving licence for at least two years, a young driver surcharge of €25.00 per rental shall be payable;
• a person authorised to drive or use the vehicle by the Vehicle Rental Contract of which these General Terms and Conditions of Business form an integral part;
• a person presenting a valid identity document, a driving licence and a credit card (Mastercard, Visa, Diners), all issued in the same name (name of the main driver) and in the same country. If the Renter is from a third country, they shall also need an international driving permit.
b) The rented vehicle must not be used, operated or driven:
• for any paid carriage of passengers, items, goods, animals, substances or anything else;
• for the carriage of flammable, toxic or other dangerous substances or cargo;
• for any sporting or other competition, whatever the nature of the sport or competition;
• for propelling or towing any other vehicle or object;
• by persons under the influence of alcohol, drugs or other narcotics, tranquillisers, sleeping pills, medicines for which the use of motor vehicles is contraindicated, etc.;
• for or in connection with the commission of a criminal offence or other unlawful and/or immoral conduct;
• in a manner not provided for in the vehicle manufacturer’s instructions;
• in the event that the vehicle is not in running order or roadworthy and the Renter or operator of the vehicle is aware of this;
• if the vehicle is overloaded or overburdened; a vehicle shall be considered overloaded if it contains more passengers than the number of seats specified in the registration certificate of the vehicle, and overburdened if the total weight, including cargo and passengers, exceeds the maximum permissible weight as shown in the vehicle’s registration certificate;
• on *uncategorised roads (in the event of a breakdown, the Renter shall bear any **recovery costs and ***administrative costs);
*An uncategorised road is any traffic surface that is not categorised as a public road and on which traffic is carried out in the manner and under the conditions laid down by the owner or the operator authorised by the owner in accordance with road safety regulations (forest roads, mountain roads, access roads, approaches to buildings and land, functional traffic surfaces adjacent to buildings, bus stops, privately owned roads, etc.)
**Recovery costs are the costs incurred when rescuing a vehicle or driver and passengers from a particular situation. This includes the cost of towing and the cost of activating other relevant authorities or services.
***Administrative costs include activation and additional work of the employee, completion of forms, completion of the accident report, valuation report and other administrative matters.
• in contravention of the road traffic regulations and other applicable regulations of the country in whose territory the vehicle is being used;
• outside the limits of driving permitted by the *driving conditions and other circumstances of driving, using or operating the vehicle at any particular time;
*The circumstances of driving conditions shall be assessed in the light of the current weather forecast, general road traffic regulations and road traffic regulations in the event of extreme weather conditions (e.g. flooding).
• for onward rental or use to a third party other than the one named on the Vehicle Rental Contract;
• for any purpose contrary to the purposes for which the Vehicle Rental Contract, of which these General Terms and Conditions of Business form an integral part, was concluded.
3. PICK-UP AND RETURN OF THE RENTED VEHICLE
The Renter shall pick up the vehicle upon fulfilment of all the conditions and formalities as well as signing the Contract of which these General Terms and Conditions of Business form an integral part. For the purposes of the above provision, when the Renter is a legal person the Renter shall be deemed to be the natural person who picks up the vehicle.
The vehicle types listed are the most common vehicle models in the AB1 fleet in a particular vehicle group. We shall only provide a selected group of vehicles and not a specific make and model.
All vehicles in the AB1 fleet are equipped with a Slovenian vignette.
For pick-up of a vehicle outside working hours, an extra charge of €25.00 per rental shall be payable based on prior arrangement. For return of the vehicle outside working hours, an extra charge of €25.00 per rental shall be payable. In the case of a return outside working hours at AB1 branches, where the drop-off service is available, the Renter shall be responsible for the vehicle until it is taken over by AB1 staff.
The vehicle can be picked up and returned at one of our branches. Delivery of the vehicle and pick-up or return of the vehicle at a desired location (max. 15 km from the branch) is possible by prior arrangement and is subject to a surcharge of €20.00 for delivery and €20.00 for takeover. If the distance is longer, an individual calculation shall be made.
The conclusion of the Vehicle Rental Contract shall not mean transfer of ownership of the vehicle to the Renter or a third party. The vehicle shall be delivered to the Renter in a technically flawless and roadworthy condition, with all the statutorily prescribed equipment and the pertaining spare tyre or repair kit. In the event that the vehicle contains more than one piece of equipment, this shall be noted on the contract of which these General Terms and Conditions of Business form an integral part.
All the vehicle documentation shall be handed over to the Renter with the vehicle upon picking up the vehicle and the insurance policy of the vehicle shall be available for inspection at AB1. The Renter shall be responsible for the documents collected and for the vehicle during the rental period. In the event of loss, destruction or damage to the documents, the cost of producing new documents shall be borne by the Renter. The cost of producing new documents shall depend on which documents have to be produced anew, either due to loss or damage to the documents (registration certificate, document case, international motor insurance card or other documents).
The Renter shall be obliged to allow AB1 to copy the data specified in the specific part of the contract from their driving licence or the driving licence of the person who will use the vehicle.
Before picking up the vehicle, the Renter must inspect it and check that it contains the equipment required by law and that the documentation specified has been handed over to them. If the Renter does not make any comments before picking up the vehicle, they shall be deemed to have picked up the vehicle in the condition as shown in the Vehicle Condition Report at the time of delivery and to have received all the documents.
The risk of accidental destruction or disappearance of the vehicle shall be deemed to have passed to the Renter after they have picked up the vehicle and to have passed back to AB1 upon return of the vehicle; the vehicle shall be deemed to have been returned to AB1 upon signature of the Vehicle Condition Report upon return of the vehicle.
The Renter undertakes to return the rented vehicle on the expiry date of the Vehicle Rental Contract, at the time and place specified in the Contract as the time and place of return of the rented vehicle.
The minimum rental period shall be 1 day (24 hours). An additional hour (1–59 min) shall be free of charge. For more than one hour (60 min and more) an additional day shall be charged.
The Renter undertakes to return the vehicle in the same condition as received. The vital parts of the vehicle shall be sealed or marked with the factory numbers. Should AB1 discover that any of these parts are missing or have been replaced, it shall be entitled to charge the Renter for all damages, compensation and any lost profits for the period during which AB1 is unable to dispose of the vehicle for the purpose of carrying out its core business. In this case, in the event of damage to the seal or the serial number, the respective part shall be deemed to be missing or to have been replaced.
In the event that the extension of the rental is not coordinated with AB1’s competent department, AB1 shall have the right to inform the police, who shall take appropriate action. Before informing the police, AB1 shall attempt to contact the Renter once by telephone or e-mail, it being sufficient for AB1 to have attempted to contact the Renter unsuccessfully once. AB1 shall be deemed to have unsuccessfully attempted to contact the Renter, if the Renter fails to respond within 24 hours. In such a case, the Renter shall waive the possibility to claim damages.
In the case referred to in the preceding paragraph, the Renter shall waive the right of possession of the vehicle and, at the same time, any and all claims or demands for possession or any claim for damages arising from the same.
Additional services and equipment:
Additional service or equipment Price per day in €
(VAT incl.) Price per rental in €
Additional driver – 20
Surcharge for young driver – 25
Pick-up or return outside working hours – 25
Surcharge for driving abroad – Zone 1 – 35
Surcharge for driving abroad – Zone 2 – 55
Surcharge for driving abroad – Zone 3 – 75
Surcharge for penalty handling – 25
Surcharge for refuelling – 25 + fuel
Refuelling the vehicle with the wrong fuel – fuel + repair costs
Delivery or takeover (by arrangement, up to 15 km from the branch) – 20
Delivery or takeover (by arrangement, more than 15 km from the branch) – 1/km
Loss of keys + delivery costs – 250 + delivery costs
Loss of vehicle documents – 60
Cost of breaking the no-smoking rule – 200
Extraordinary dry cleaning of the vehicle – 180
GPS navigation system 5 50
Child seat 5 30
Snow chains 5 35
Roof box 70 70
4. EXTENSION OF RENTAL
The Renter may extend the rental of the vehicle for which they have a valid Vehicle Rental Contract up to 24 hours before the expiry of the rental period under the Contract. If the Renter wishes to extend the rental period within this period, they may only extend the rental period by explicit agreement with AB1.
Upon extension of the rental period, the Renter shall be obliged to provide AB1 with additional funds for the estimated total rental amount.
5. KILOMETRES TRAVELLED
The rental amount includes unlimited mileage for driving in Slovenia. If the Renter travels outside Slovenia, a surcharge shall apply as follows:
• Zone 1 (Italy, Austria, Hungary, Croatia) €35.00/rental
• Zone 2 (Germany, Liechtenstein, Switzerland, Slovakia, Czech Republic, Serbia, Bosnia and Herzegovina) €55.00/rental
• Zone 3 (France, Poland, Netherlands, Belgium, Luxembourg, Spain, Montenegro, Macedonia) €75.00/rental
For rentals longer than 25 days, the mileage shall be limited to 100 km per day; overage shall be charged according to the current price list.
In the case of mileage billing, the mileage shall be determined during the rental period by the factory-fitted mileometer, by recording the mileometer reading before the start of the rental period and upon return of the vehicle.
Any tampering with the factory-fitted mileometer on the vehicle and the dashboard by the Renter shall be prohibited. Should there be a reasonable suspicion of malicious tampering with the mileometer, AB1 shall have the right to have the mileometer officially inspected by an authorised repairer. In the event the Renter has tampered with the mileometer or the dashboard, the amount of the damage shall be determined after the official inspection.
In the event of a defect in the mileometer of the vehicle, the Renter shall immediately notify AB1, from which they shall receive all appropriate instructions on how to proceed.
Fuel is not included in the rental price. The rented vehicle shall normally be handed over with a full tank of fuel, as specified for the type of vehicle.
The Renter shall return the vehicle to AB1 with a full tank of fuel appropriate to the type of vehicle, failing which the Renter shall be additionally charged for the cost of refuelling until the tank is full.
The cost of the refuelling service shall be €25.00 + the cost of the missing fuel.
Each vehicle shall have the appropriate fuel label on the inside of the tank door.
In the event of incorrect refuelling of the rented vehicle, an additional charge shall apply.
The cost of the incorrect refuelling shall be €25.00 (administrative cost) + the cost of any repairs due to damage and missing fuel.
The Renter agrees to take good care of the vehicle throughout the rental period, regularly check the engine and brake oil, water in the cooling system and battery, as well as the air pressure in the tyres. In the event of a longer rental period or a rental involving a greater number of kilometres, the Renter shall also ensure that the engine oil is changed in good time or notify AB1 of the need for an engine oil change, and AB1 shall arrange for the change to be carried out.
In the event of a longer rental period or rental involving a greater number of kilometres, the Renter undertakes to maintain and service the vehicle in accordance with the agreement and the instructions of AB1. At the same time, in such cases, the Renter undertakes to carry out preventive roadworthiness tests on the vehicle in accordance with the law and other applicable regulations.
In the event of damage to the vehicle or damaged vehicle as a result of non-compliance with the provisions of this clause of the General Terms and Conditions of Business, the Renter shall be obliged to compensate AB1 for any damage caused and any loss of profit resulting from the inability to carry out its core business with the relevant vehicle.
All vehicles shall also be fitted with a no-smoking notice sticker. In the event of a violation of the no-smoking policy, the Renter shall be charged the cost of the violation.
The cost of violating the no-smoking policy in the vehicle shall be: €200.00 (incl. VAT).
Upon picking up the vehicle, the Renter shall receive an inspected and cleaned vehicle for a specified period. At the end of the rental period, each Renter shall be obliged to return the rented vehicle in *appropriate condition. Any abnormal, inappropriate condition of the vehicle on return means that the Renter shall also be charged for extraordinary cleaning of the vehicle due to negligence.
*Appropriate condition of the vehicle: free of the Renter’s personal items, free of used products and empty packages (food and drink), free of human excrements, etc.
The cost of the extraordinary cleaning of the vehicle shall be: €50.00 or €180.00; the amount shall depend on the condition of the vehicle.
The Renter shall be obliged to immediately inform AB1 of any defect on the rented vehicle and to proceed in accordance with AB1’s instructions.
Hotline: 070 727 777
AB1 Reservation Centre: 031 727 777, firstname.lastname@example.org
Defects on a particular vehicle which are not repaired by AB1 may only be repaired or rectified at authorised repairers’ for the particular type and make of vehicle, subject to prior approval by AB1. In the case referred to in this paragraph, the Renter shall, when returning the vehicle, present to AB1 any parts replaced as a result of the defect and the vehicle repair invoice so that AB1 can reimburse them the cost of rectifying or repairing the defect.
In the event of the Renter acting contrary to the provisions of this clause or repairing the vehicle at their own expense or of any defect in the vehicle caused by the Renter’s misuse, operation or driving of the vehicle, the Renter shall be charged for the cost of repairing or rectifying the defect.
9. INSURANCE AND LIABILITY
Each individual vehicle of AB1 which is rented out shall be insured in accordance with the applicable regulations of the Republic of Slovenia and the general terms and conditions of the insurer, as shown in the insurance policy for each vehicle, which shall available for inspection in original at AB1.
Irrespective of the insurance taken out for a particular vehicle, the Renter shall indemnify AB1 against any damage to the particular vehicle in the following cases (unless otherwise provided for in the Vehicle Rental Contract under different terms):
• damage to the interior of the vehicle, to the wipers, antenna and other accessories on the vehicle;
• if damage was caused under the influence of alcohol, drugs, other narcotic drugs or medicines for which driving or the operation and use of motor vehicles is contraindicated;
• if damage was caused intentionally or negligently;
• if the Renter did not hold a valid driving licence at the time of causing the damage;
• if damage was caused by use of the rented vehicle contrary to the provisions of the second paragraph of these General Terms and Conditions of Business;
• if damage occurred in areas or countries which are exempt from vehicle insurance under these General Terms and Conditions of Business (crisis zones, war and potential war zones, etc.);
• in other cases excluded from insurance.
In all the cases described in this clause, the Renter shall be held liable to AB1 with all their property.
In the event of damage to the vehicle which is discovered subsequently, AB1 shall reserve the right to notify the Renter of the damage within 3 (three) working days of the end of the rental period.
The damage caused shall be the responsibility of the Renter to the extent that it is acknowledged by the Renter or established on the basis of a report/inspection by an official authorised repairer.
The Renter shall be liable to cover any difference in the amount of the damage incurred or caused which would exceed the insurance maximum of the damage cover under individual insurance policy for an individual vehicle.
Additional insurance packages can be purchased:
• Standard Cover – standard insurance
• Premium Cover – above-standard insurance
In the event of any damage to the vehicle, traffic accident or other accident involving the rented vehicle, the Renter undertakes to protect the interests of AB1 and the insurer with which the rented vehicle involved in the accident is insured, in particular by:
• noting down all the names and addresses of the parties involved in and witnesses to the accident;
• not leaving the damaged vehicle until it has been secured or moved to a safe place;
• reporting the damage, even if insignificant, immediately or as soon as possible to AB1 or its nearest branch;
• in any event, immediately calling the police, informing them of the accident, awaiting their arrival and the drawing up of an official accident report and obtaining a copy of the accident report;
• making a written declaration of the accident and completing the “European Accident Report” attached to the documents of the rented vehicle.
In the event that the Renter fails to comply with the provisions of this clause at the time of accident, they shall be held solely liable for any damage caused thereby to AB1.
11. FIRE OR THEFT
The Renter shall not be held liable for damage to the rented vehicle caused by fire or theft, unless they themselves are responsible for the damage.
In the event of fire or theft, the Renter shall immediately report the damage to AB1 and at the same time report it to the police or other competent authority; otherwise, the Renter shall be solely liable for any damage caused.
If the insurer refuses to pay the insurance benefit in whole or in part for any reason whatsoever as a result of the occurrence of the damage, the Renter shall be obliged to reimburse AB1 for the whole or a proportionate part of the damage.
12. CRISIS AND WAR ZONES
AB1 shall reserve the right to designate specific areas as crisis or war zones, which means that the use of the rented vehicle in such areas is prohibited and the Renter undertakes not to drive or use the rented vehicle in such areas. AB1 shall designate as crisis or war zones those areas where there is an increased risk of theft of the vehicle.
Crisis or war zones shall be marked by AB1 at the time of conclusion of the Vehicle Rental Contract for each vehicle, namely on the front of the Vehicle Rental Contract and in a specially marked section prior to the signature of the Contract. If the section is left blank, it means that AB1 does not restrict the use of the rented vehicle to specific areas that could be considered as crisis or war zones.
Currently, the use of a rented vehicle is prohibited in the following areas:
– Albania (AL)
– Kosovo (XK)
– Romania (RO)
– Bulgaria (BG)
– Türkiye (TR)
– Greece (GR)
– countries of the former USSR
Countries of the former USSR:
• Armenia (ARM)
• Azerbaijan (AZ)
• Belarus (BY)
• Estonia (EST)
• Georgia (GE)
• Kazakhstan (KZ)
• Kyrgyzstan (KS)
• Latvia (LV)
• Lithuania (LT)
• Moldova (MD)
• Russia (RUS)
• Tajikistan (TJ)
• Turkmenistan (TM)
• Ukraine (UA)
• Uzbekistan (UZ)
AB1 may also designate an area as a crisis or war zone during the rental period of a particular vehicle by notifying the Renter immediately. The Renter shall be obliged to comply with the notification from the moment of its receipt and abide by the first paragraph of this clause.
In the event of the Renter’s non-compliance with the provisions of this clause, AB1 shall be entitled to terminate the Vehicle Rental Contract immediately and the Renter shall be liable to AB1 for any damage and loss of profit that may result from non-compliance.
If a trip abroad is planned which does not include the countries mentioned above, the purchase of an international driving permit shall be required.
13. DAMAGE CLAIMS
In all cases where the Renter is obliged to compensate AB1 for any damages in accordance with the terms of the Vehicle Rental Contract, such damages shall be determined with reference to the market prices as established for the remedying of such damages, whereas damages for loss of profit shall be calculated in accordance with the general principles of the law of damages.
AB1 shall not be held liable for any items remaining in the vehicle at the end of the rental period, irrespective of whose property they may be.
AB1 shall also not be held liable to third parties for damage caused by the Renter which is not covered by the insurance and individual insurance policies for the individual vehicle.
In addition to the cases expressly listed in the contractual terms and conditions, the Renter shall be liable to AB1 and to any third party to whom damage may be caused for any damage caused to the vehicle during the rental period or in connection with the vehicle, insofar as such damage has arisen out of their sphere of responsibility. The Renter’s liability to compensate the injured party shall be reduced proportionately to the amount of the insurance benefit paid, without prejudice to the liability of the Renter towards the insurer which paid the insurance benefit. The obligation to pay damages shall also not be limited as to the type of damage or the amount of the damage.
The Renter shall always pay the rental price at the time of the conclusion of the Vehicle Rental Contract. The price shall be determined according to the duration of the rental period, the type of vehicle and other circumstances as shown in the Vehicle Rental Contract of which these General Terms and Conditions of Business form an integral part.
When handing over the vehicle, AB1 shall require the Renter to reserve funds on the Renter’s credit card to secure payment of vehicle rental and any additional costs associated with the rental. The amount of the reservation depends on the vehicle and the insurance chosen. Reservation in cash is not possible. A credit card is required to rent a vehicle. The credit card reservation shall be released when the Renter has no further obligations to AB1 or automatically after a maximum of 30 days (depending on the bank), if the vehicle is returned in the same condition as when it was picked up.
In the event of extension of the Vehicle Rental Contract, the provisions of this clause and clause 4 of the General Terms and Conditions of Business shall apply mutatis mutandis with regard to payment.
AB1 shall charge the following upon return of the vehicle:
– any costs arising from any penalty, fine, parking fee or other sanction for non-compliance with traffic or similar, public or private, domestic or foreign rules, paid by AB1 in respect of the vehicle rented by the Renter;
– administrative costs of €25.00 in any case where AB1 is required to provide information to anyone (e.g. police, parking company, etc.) during the rental of the vehicle;
– administrative costs of up to €70.00 in any case of new damage to the vehicle during the rental period (irrespective of the conclusion of CDW);
– loss of or damage to the keys and vehicle documents and damage caused by negligence (refuelling the vehicle with the wrong fuel, etc.);
– other additional payments payable by the Renter to AB1 under these General Terms and Conditions of Business.
15. FINAL PROVISIONS
The Ljubljana court shall have territorial jurisdiction to settle all disputes arising out of this contractual relationship in cases where the contractual relationship is not a consumer contractual relationship within the meaning of the Civil Procedure Act and in cases where the plaintiff or the defendant is not a consumer within the meaning of the Consumer Protection Act. If the contractual relationship in question is considered to be a consumer contractual relationship within the meaning of the Civil Procedure Act, then, in addition to the court of general territorial jurisdiction, the court in the territory of which the plaintiff – Renter, who is considered to be a consumer under the Consumer Protection Act, has their domicile or temporary residence shall also have jurisdiction to try the plaintiff, in the case of an action brought by AB1, and in the case of a Renter who is deemed to be a consumer under the Consumer Protection Act, the court in the territory of which the Renter has their permanent or temporary residence. An agreement on territorial jurisdiction between AB1 and the Renter who is deemed to be a consumer in a case where the contractual relationship in question is a consumer contractual relationship shall be valid only if it is concluded after the dispute has already arisen.