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Car rental car list
This clause is formulated in accordance with the Contract Law of People's Republic of China (PRC), Administrative Measures of Beijing Municipality on Car Rental and other relevant laws, regulations and rules.
Article 1 The rights of the lessor
1. owns the ownership or use right of the leased vehicle.
2. Collect the rent and agreed fees from the lessee according to the contract.
Article 2 obligations of the lessor
1. Deliver the leased vehicle suitable for driving on the road and valid certificates required for driving the leased vehicle to the lessee.
2. Provide free fault maintenance service during the maintenance and reasonable use of the leased vehicle.
Provide 24-hour rescue service for faults and accidents within the administrative area of this Municipality.
4. Insure the leased vehicle against car damage, burglary and third-party liability insurance.
5. Be obligated to keep the information of the lessee confidential.
Article 3 Rights of Lessee
1. Have the right to use the leased vehicle within the lease term stipulated in the lease contract.
2. Have the right to obtain the corresponding services provided by the lessor to ensure the use function of the leased vehicle.
3. Have the right to require the lessor to take out basic insurance for the leased vehicle, and reduce the corresponding compensation liability after the lessor obtains insurance compensation.
Article 4 obligations of the lessee
1. Truthfully provide the lessor with the driver's household registration book, ID card, household registration book, business license and other identification materials.
2. Pay the rent and other expenses as agreed in the contract.
3. Use the leased vehicle according to the vehicle performance, operating procedures and relevant laws and regulations.
4. Take care of the leased vehicle and keep it in its original condition. Without the permission of the lessor, the vehicle shall not be repaired, modified, replaced or added without authorization.
5. Assist the lessor to inspect and maintain the leased vehicle within the specified time.
6. Bear the loss of the deductible part of the insurance company and the company's refusal to pay compensation caused by non-lessor reasons; Take other responsibilities caused by traffic accidents. Bear other economic losses beyond the scope of compensation stipulated by insurance clauses, contracts or rules.
7. Insurance settlement procedures:
A) When a vehicle accident occurs, the relevant driver (lessee) shall pay a certain insurance accident deposit according to the loss of the vehicle;
B) In the event of a vehicle accident, the driver (lessee) shall bear the absolute deductible of 300 yuan;
C) In the event of a vehicle accident, the driver (lessee) concerned will bear 20% of the newly added accelerated depreciation expenses of the vehicle exceeding 1 1,000 yuan after deducting the absolute deductible;
8. Protect the lessor's vehicle ownership from infringement, and shall not resell, mortgage, pledge, pawn, lend or sublet the leased vehicle; Without the permission of the lessor and the approval of the relevant administrative departments, the leased vehicle shall not be subletted.
9. When the leased vehicle is involved in a traffic accident or robbed, it shall immediately report to the public security and traffic control departments, and notify the lessor and the insurance company within 12 hours. During this period, the lessor shall be assisted to handle the relevant formalities in time, otherwise, the insurance company shall bear the responsibility of refusing to pay compensation.
10. Ensure that the leased vehicle is driven by the driver registered in the contract. During the lease period, if the information registered by the lessee changes, it shall promptly notify the lessor.
1 1. Upon the expiration of the lease, the leased vehicle and valid documents shall be returned on time.
Article 5 Rent and security deposit
1. The rental units are RMB/year, RMB/month, RMB/week and RMB/day, and the rental standard shall be agreed by both parties.
2. Where the lessee provides a security deposit, the security deposit shall not be used to offset the rent, and shall be returned to the lessee after the performance of the contract. The two sides can also take other ways to guarantee through agreement.
Article 6. Unlimited liability.
1. If the responsibility cannot be determined by one party, both parties can handle it according to the principle that each party shall bear 50% of the losses.
2. Losses caused by major changes in government policies, force majeure and other responsibilities that cannot be investigated shall be settled by both parties through consultation in accordance with relevant laws and regulations and the principle of fairness.
Article 7 the lessor's liability for breach of contract
If the lessor fails to perform the obligation of providing vehicles and services to the lessee as agreed in the contract, it shall bear the following liabilities for breach of contract:
1. If the leased vehicle provided is not suitable for driving on the road, it should be replaced; If the vehicle endangers the personal safety of the lessee, the lessee has the right to terminate the contract.
2. If the fault maintenance and rescue cannot be provided as agreed, the lessee has the right to terminate the contract, and the lessor shall refund the rental of the leased vehicle during the suspension period and pay 20% of the rental as liquidated damages.
3. If the leased vehicle can't recover its function after maintenance and rescue, the lessor shall provide a substitute vehicle of a considerable grade or take other measures.
4. If the technical failure of the vehicle is caused by the lessor, it shall bear the direct losses caused to the lessee.
Article 8 the lessee's liability for breach of contract
When the lessee fails to pay the fees, use the leased vehicle, keep the leased vehicle or return the leased vehicle as agreed in the contract, it shall bear the following liabilities for breach of contract:
1. If the rent is overdue, a late fee of 0.5% of the total rent payable shall be paid for each day overdue; If the leased vehicle is returned within the time limit, in addition to continuing to collect the rent, it shall also pay a penalty of 20% of the overdue rent; If the lessee is unable to return the vehicle due to vehicle damage, fraud and other reasons, the lessee shall compensate for the loss of vehicle value. The calculation method of loss is: the annual depreciation residual value is 65,438+00% based on the price of the vehicle after the purchase procedure is completed from the date of obtaining the driving license for the first time. Before the lessee obtains the compensation for the residual value, the lessee shall pay the rent for the overdue vehicle.
2. If the contract is terminated in advance and the leased vehicle is returned, it shall pay the lessor a penalty of 20% of the total rent for the unfulfilled part of the lease term; If the rent has been paid, the lessor shall return the balance after deducting the liquidated damages to the lessee.
3. If the lessee commits one of the following acts, the lessor has the right to terminate the contract and recover the leased vehicle:
(1) Providing false information;
(2) The leased vehicle is resold, mortgaged, pledged, lent or sublet;
(three) arrears of rent or other expenses;
(4) The lessee uses the leased vehicle to engage in illegal and criminal activities;
4. Bear the rental vehicle repair fee (more than 1 000 yuan, and charge 20% of the total vehicle repair fee as accelerated depreciation fee) and the stop loss caused by not using the vehicle according to the vehicle performance or operating rules (the stop loss is calculated according to the rental standard); Bear the losses that the insurance company refuses to compensate due to negligence.
5. Take the accelerated depreciation expenses of vehicles for accidents and losses caused by improper vehicle performance or operation. The accelerated depreciation expense is 20% of all vehicle repairs, and the vehicle repair expense refers to the national secondary repair shop charging standard. If the total vehicle repair cost is less than 1000 yuan, the accelerated depreciation fee is exempted.
6. If the leased vehicle can't be used normally due to vehicle accidents, unreliable vehicle performance or operating procedures, the lessor shall provide a replacement vehicle with compensation (the replacement vehicle does not guarantee the same model, and the rental for the replacement vehicle shall not exceed 70% of the original rent).
7. Bear the losses caused by unauthorized modification, replacement or addition of other items to change the original state of the leased vehicle.
8. Losses caused by failure to assist the lessor to participate in vehicle inspection or maintenance on time.
9. Liability for the vehicle being detained by a third party due to reasons other than the lessor.
10. Losses caused by vehicle violation.
Article 9 Warranty clause
If the guarantor provides a guarantee, the guarantor shall be jointly and severally liable for the lessee's performance of the obligations under this contract, and the guarantee period shall be three years after the expiration of the performance period of this agreement.
Article 10 Special Agreement
Both parties may supplement and refine the contents of this contract in writing as supplementary terms, but they shall not violate relevant laws and policies and the principle of fairness. If other agreements unreasonably exempt or exempt the lessor from the responsibilities stipulated in the General Conditions, this contract shall still prevail.
Article 11 Others
1. Instructions for Car Rental, Supplementary Agreement on Car Rental Contract, Car Rental Registration Form, Vehicle Handover Sheet and Settlement Sheet are annexes to this Contract, which together constitute Beijing Car Rental Contract.
2. If the lessee requests to extend the lease term, he must apply for renewal before the expiration of the contract, and the lessor has the right to decide whether to renew the lease. If the lease renewal formalities are not handled within the time limit, the lessor may return the car within the time limit.
3. Disputes arising under this contract shall be settled by both parties through consultation; Or bring a lawsuit to the people's court where the lessor is located.
Article 12 This contract shall come into effect after being signed and sealed by both parties to the lease. This contract is made in duplicate, one for the lessor and one for the lessee.
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