Article I.
Basic provisions
1. The lessor is the company Color Centrum, s. r. o., which provides short-term motor vehicle rental (hereinafter referred to as “vehicle¨).
2. The lessee is the person who concludes a vehicle rental agreement (hereinafter referred to as “Agreement¨) through the lessor’s online reservation system or in another manner specified by the lessor.
3. The lessee may be:
a) a natural person – consumer (FO),
b) a legal entity or a natural person – entrepreneur (PO/SZČO).
4. If the lessee provides a company ID, VAT number or VAT number, reserves a vehicle for business purposes or acts on behalf of a business entity, he is considered a lessee in the status of PO/SZČO.
5. These GTC are an integral part of each Contract. Deviations from the GTC can only be agreed in writing.
Article II.
Conclusion of the Contract remotely
1. The Contract is concluded at the moment of successful payment of the rental fee through the Lessor's payment gateway.
2. By paying the rental fee:
a) the Lessor makes a binding reservation for the Lessee of a specific vehicle or vehicle category,
b) the Lessee undertakes to properly take over the vehicle at the agreed time,
c) the Lessor undertakes to prepare the vehicle at the agreed time and place.
3. The Lessor's electronic records (e-mails, reservation system records, payment data, system logs) are considered full proof of the content and conclusion of the Contract.
Article III.
Payment Terms
1. The rent is payable in advance and is always non-refundable, regardless of the reason for not using the service or not taking over the vehicle.
2. The rent also includes a fee for reserving the lessor's capacity and blocking the vehicle for the lessee.
3. The contracting parties have agreed that the lessor is entitled to request a security deposit from the lessee. The security deposit serves to secure all existing and future claims of the lessor against the lessee in the capacity of PO/SZČO.
4. The lessor is entitled to collect the security deposit, or part of it, without prior notice to the lessee if the obligations under the Agreement or these GTC occur.
5. The amount of the security deposit does not limit the lessee's liability for damage and other obligations towards the lessor. The amount of the security deposit is published on the web portal for individual motor vehicles and differs from the class of the motor vehicle in question.
6. The Lessee, in the capacity of a Legal Entity/SZČO, grants the Lessor irrevocable consent to repeatedly debiting his/her payment or debit card for the purpose of paying all obligations arising from the Contract and these GTC.
7. This consent shall continue even after the end of individual leases until all claims of the Lessor against the Lessee have been fully settled.
Article IV.
Liability for Damage
1. The Contracting Parties have agreed that the Lessee – Entrepreneur (LO/SZČO) is liable for damage in full, including:
a) actual damage,
b) lost profit of the Lessor,
c) reduction in the value of the vehicle.
2. The Lessee’s liability is in no way limited by the amount of the security deposit or the amount of the insurance payment by the insurance company.
3. The Lessee is also obliged to pay the costs associated with the Lessor's claims (administrative actions, legal services, enforcement costs, etc.).
Article V
Contractual penalty
1. The Contracting Parties have agreed that the Lessor is entitled to a contractual penalty due to a breach of the obligation to take over the vehicle, whereby failure to take over the vehicle is considered if the Lessee:
a) fails to arrive at the agreed time at the place of handover of the vehicle,
b) refuses to take over the vehicle,
c) fails to provide the necessary cooperation to take over the vehicle,
d) it is not possible to verify his identity or payment card.
2. In the event of failure to take over the vehicle, the Lessee is obliged to pay the Lessor a contractual penalty, the amount of which is set:
a) individually for a specific vehicle,
b) in the online reservation system,
c) in the Lessor's valid price list,
d) or in the reservation confirmation.
3. The contractual penalty is payable at the moment when the lessee refuses to take over / does not take over the motor vehicle within the period specified in the order, regardless of the period of delay of the lessee with the takeover and without the need for a special notice or call to the lessee.
4. The contractual penalty:
a) is separate from the rent,
b) does not represent a lump sum compensation for damage,
c) does not relieve the lessee of the obligation to compensate the lessor for the damage in full.
5. The lessor is entitled to demand the rent, the contractual penalty and full compensation for damage simultaneously and independently of each other.
6. The parties also agree that the lessor is entitled to collect the contractual penalty from the payment card, while the lessee grants the lessor consent to:
a) collect the contractual penalty,
b) collect the security deposit,
c) collect compensation for damages,
directly from the lessee's payment or debit card.
7. The parties have agreed and the Lessee agrees that the Lessor is entitled to collect the above amounts:
a) once or repeatedly,
b) even after the end of the lease,
c) until all claims against the Lessee are fully settled.
8. The Lessee waives the objection that an unauthorized collection has occurred, as long as the amount collected is in accordance with the Contract and these GTC.
Article VI.
Common Provisions
1. The Contracting Parties have agreed that the Lessor is entitled to refuse to hand over the vehicle to the Lessee without the Lessee's claim to any compensation if:
a) it has reasonable suspicion that the Lessee or the person who is to drive the vehicle is under the influence of alcohol or narcotic or psychotropic substances,
b) the Lessee provides false, incomplete or misleading information,
c) the Lessee fails to submit valid documents necessary for driving and using the vehicle,
d) there is a reasonable risk of damage to the vehicle or another serious reason for refusing to hand over the vehicle.
2. Legal relations between the Lessor and the Lessee are governed by the law of the Slovak Republic.
3. The courts of the Slovak Republic are exclusively competent to resolve any disputes arising from the Contract and these GTC.
4. The local jurisdiction of the court is determined according to the Lessor's registered office - Color Centrum, s. r. o.
Article VII.
Final Provisions
1. The invalidity or ineffectiveness of any provision of these GTC shall not affect the validity or effectiveness of the other provisions.
2. The Lessor is entitled to unilaterally amend these GTC. The new version of the GTC shall be effective on the date of its publication, unless expressly stated otherwise.