„Decom“ company for marketing, consulting, management, trade and services d.o.o. Sarajevo, from Antuna Hangija 12, Sarajevo Centre Municipality, for the purpose of carrying out the activities of the company – car rental (Register of the Municipal Court in Sarajevo, number: 065-0-Reg-12-003080, industrial classification code 77.11), in accordance with the Statute of the company, and Article 317, paragraph 2 of the Company Law FBiH (Official Gazette of the Federation of BiH, 23/99, 45/00, 2/02, 6/02, 29/03, 68/05, 91/07, 84/08, 88/08, 7/09, 75/13), Article 9 and 320 of the Law on Property Rights FBiH (Official Gazette of the Federation of BiH, 66/13, 100/13), the Law on Internal Trade in FBiH (Official Gazette of the Federation of BiH, 40/10), and the Law on Obligations of FBiH and RS (Official Gazette of the SFRJ, 29/78, 39/85, 45/89, 57/89, Official Gazette of RBiH, 2/92, 13/93 i 13/94, Official Gazette of the RS, 17/93, 3/96), hereby issues the following:
on the Rental of Cars of the Company by Other Natural and Legal Persons
I GENERAL PROVISIONS
This Rulebook shall regulate: the procedure of renting motor vehicles owned by the business company „DECOM d.o.o.“ (hereinafter: „Renter“), the conditions natural and legal persons renting a motor vehicle must fulfil (hereinafter: „Rentee“), the rights and obligations of the Renter towards the Rentee and third parties, the rights and obligations of the Rentee towards the Renter and third parties.
For the purpose of this Rulebook, the term “rental” shall mean the procedure of taking over, using and returning a vehicle by the Rentee. The term “Rental Contract” (hereinafter: “Contract“), for the purpose of this Rulebook, shall mean a legal act signed by the Renter and the Rentee in accordance with the Law on Obligations of the Federation of Bosnia and Herzegovina (Official Gazette of SFRJ, 29/78, 39/85, 46/85, 45/89 and 57/89 – Official Gazette of RBiH, 2/92, 13/93 and 13/94).
The term “driver,” for the purpose of this Rulebook, shall mean a natural person authorised for driving the rented vehicle, responsible for respecting the Contract and the provisions of the General Conditions.
The term “additional driver,” for the purpose of this Rulebook, shall mean a natural person who, besides the driver, is authorised for driving the rented vehicle, also responsible for respecting the Contract and the provisions of the General Conditions.
The term “vehicle,” for the purpose of this Rulebook, shall mean a motor vehicle which is being rented, and whose specifications are stated in the Rental Contract signed by the Renter and the Rentee, in accordance with this Rulebook, and the current relevant legal regulations.
The term “rental time,” for the purpose of this Rulebook, shall mean the time period in which the Rentee shall be in possession of the rented motor vehicle, which shall be regulated in more detail in the Contract.
The term “day,” for the purpose of this Rulebook, shall mean a time period in the duration of 24 (twenty-four) hours.
II GENERAL RENTAL CONDITIONS
The rental time of the vehicle may be determined as short-term and long-term. The short-term rental of the vehicle shall mean a rental for a time period not shorter than 1 (one) day, and no longer than 30 (thirty) days.
The long-term rental of the vehicle shall mean a rental for a time period not shorter than 31 (thirty-one) days. The long-term rental of the vehicle shall be allowed exclusively to legal persons.
The time of the beginning and the termination of the rental shall be established by the Contract.
In the event of the Rentee’s delay with regard to the fulfilment of the contracted time period for returning the vehicle in a duration of no less than 1 (one) hour, the Renter shall calculate one day more than the contracted number of days in the price of the rental, in accordance with the valid price list of the company.
Should the Rentee wish to prolong the contracted time period of the rental, s/he shall be obliged to inform the Renter thereof, no later than 24 (twenty-four) hours prior to the end of the contracted time period, and make a modification of the Contract together with the Renter.
In case of a prolongation of the rental time period compared to the contracted time, and contrary to the provision of this Rulebook, the vehicle shall be considered illegally appropriated by the Rentee, whereof the Renter shall inform the competent Ministry of the Interior.
The Rentee shall be enabled to rent a vehicle if s/he fulfils the following conditions:
a) the minimal age of the driver is 21 (twenty-one);
b) be in possession of a driver’s licence (not under 2 (two) years);
c) presentation of valid proof of identity (passport or identity card);
d) possibility for card payment or by payment order.
It is prohibited to use, operate or drive the rented vehicle under the following circumstances:
a) by a person not determined by the Contract as the Rentee or driver/additional driver;
b) commercial transport of persons or goods;
c) pushing or hauling any other vehicle, trailer or another object; d) for the paid transport of passengers and goods;
e) a test drive, competition, speed tests or races;
f) for giving driving lessons or accompanied driving;
g) for driving outside of public roads, and dirt roads foreseen for the traffic of motor vehicles;
h) when the vehicle is in no driving condition or it is overloaded with supernumerary passengers or luggage;
i) outside of the borders of BiH, except with a prior written agreement of the Renter;
j) for driving inside of states prohibited by this Rulebook, i. e.: Albania, Kosovo, Island, Turkey, United Kingdom, Ireland, Russia and all former countries of the SSSR, Malta and Cyprus;
k) for the transportation of live animals, pets or domestic animals in the appropriate transport animal boxes. The costs of the necessary cleaning shall be borne by the Rentee (the extraordinary cleaning expenses shall be calculated on a time and a material basis and charged in the minimal lump-sum established by the valid price list of the Renter. The Rentee shall have the explicit right to prove that no damage was incurred or that it is significantly lower than the lump-sum).
l) if the natural person established by the Contract as the Rentee, driver or additional driver, is under the influence of alcohol or drugs (narcotics) of any kind.
The specified limitations are not mutually exclusive. All possible costs/fines resulting from the failure to observe the specified limitations shall be charged from the Rentee, regardless of insurances paid. The liability of the Renter shall be completely excluded.
When using the vehicle, the Rentee shall be obliged to completely comply with all provisions of the current Law on Traffic valid on that territory.
Vehicles shall be rented at a daily rate in accordance with the current price list. Payments shall be made exclusively by credit card in case the Rentee is a natural person. When signing the Contract, and taking over the vehicle, the pre-authorisation of the credit card of the Rentee shall be performed obligatorily.
After the end of the rental period, the Renter shall charge the vehicle rental as well as all costs incurred via the credit card slip form (completion). The completion shall be performed at the end of the rental or no later than on the thirtieth day of the rental.
Except the rental costs, the Rentee shall be obliged to cover all other costs that in accordance with the provisions of this Rulebook are borne by him/her, in accordance with the current price list of the Renter.
By signing the Contract, the Rentee confirms that s/he agrees that all costs for repairs, damages or losses discovered within 24 hours after the vehicle has been returned, of which the Rentee has not notified the Renter in accordance with the vehicle returning procedure, shall be debited by the Renter to his/her credit card or another form of payment.
The Renter shall be authorised to charge the cost of all traffic offences and parking and other tickets incurred during the duration of the rental and increased by possible handling costs in the same manner.
III TAKING OVER AND RETURNING THE VEHICLE
The vehicle shall be handed over to the Rentee in a generally good and driving condition, with the necessary documentation, as well as the legally prescribed spare parts and equipment.
Any objections to the condition of the vehicle, the Rentee shall voice during the take-over or inspection of the vehicle with the Renter.
The Rentee shall be obliged to return the vehicle along with all documents, tires, tools, spare parts and equipment, in the same condition the vehicle was during the take-over, and in the time and place agreed with the Renter.
In cases of short-term rental, the allowed number of kilometres the Rentee may cross with the vehicle during the time of the rental shall not be limited by the Renter, except it is agreed otherwise.
In cases of long-term rental, the allowed number of kilometres the Rentee may cross with the vehicle during the time of the rental shall be agreed.
IV VEHICLE MAINTENANCE
The Rentee shall be obliged to treat the rented vehicle with due care. S/he shall be obliged to conscientiously take care that the vehicle, when not in motion, is alway properly locked, and that the vehicle windows are closed. The documents of the vehicle must be in the personal possession of the Rentee at all times.
The Rentee shall be obliged to regularly check the functioning of the engine and the oil in the vehicle, as well as the water in the cooler, the car battery and the pressure in the tires of the vehicle. The Rentee shall be responsible for all damages caused by inadequate vehicle maintenance.
Should the vehicle reach the mileage at which regular car service is foreseen during the rental time, the Rentee shall be obliged to inform the Renter thereof, and bring the vehicle exclusively to the Renter’s service company, otherwise the Rentee shall bear the costs of the vehicle service himself/herself.
The consumption of tobacco and tobacco products shall be prohibited in all vehicles. The Renter shall have the right to charge a lump-sum in the amount determined by the price list of the Renter in cases of actions contrary to this provision by the Rentee or third persons during the rental time of the vehicle. The Rentee shall have the right to prove that no damages occurred or that they are significantly below the established lump-sum.
In cases of unauthorised replacement or loss of some parts of the vehicle, the Rentee shall be charged for the compensation of the damages in an amount of three times the market price for this part.
In cases of defects occurring as the consequence of negligence or recklessness of the Rentee, the costs of the repair as well as the foregone profits shall be borne by the Rentee.
Should, as a result of the defect, the rented vehicle not be in a driving condition, the Rentee shall be obliged to secure the vehicle from the occurrence of an even greater damage, and inform the Renter thereof without delay.
The Renter shall not be liable for damages suffered by the Rentee due to defects of the vehicle occurring during the rental time.
Except the changes of the vehicle stated in this provision, the Rentee shall not be authorised to perform any other changes on the vehicle, unless agreed otherwise.
In case of the occurrence of a defect on the vehicle while being used by the Rentee abroad, the Rentee shall be obliged to contact the Renter regarding this. When submitting the invoice, the Rentee shall be obliged to return the exchanged part of the vehicle to the Renter, and to report it to the Custom’s Service when crossing the border for the verification of the invoice for the service performed.
In case of actions of the Rentee contrary to this provision, the costs for repairing the defect on the vehicle shall be acknowledged in an equivalent value established by the Renter.
V MOTOR VEHICLE INSURANCE
All vehicles owned by the Renter shall be insured against liabilities for damages to a third party. The vehicle insurance shall not cover: tire damages, rims, damages to the chassis, the gearbox, the inside of the vehicle and the windshield caused by negligence or recklessness of the Rentee or the authorised driver, damages to the engine caused by lack of oil, refilling the wrong fuel or negligent use of the vehicle or using it outside the network of public roads, damages caused by the driver under the influence of alcohol, drugs or narcotics, damages caused by an unauthorised driver, as well as all other damages of the vehicle not reported to the competent police station in the moment of the occurrence of the damage.
The insurance shall not cover the loss of the vehicle of any kind, unless the Rentee is not in possession of the car keys and the documentation of the vehicle s/he obtained in the moment of contracting the rental.
In all mentioned cases not covered by the insurance, the amount of the damages incurred shall be borne by the Rentee, no higher than the amount of the value of the rented vehicle.
Should the vehicle be operated by an unauthorised person, or a person not stated in the Contract as such, and cause any damages as a result of operating the vehicle, the damage shall be borne by the Rentee.
The costs of all damages occurred during the vehicle rental time shall be borne by the Rentee in the full amount, if they are not reported to the competent police station in the moment of their occurrence or the moment of knowledge of their occurrence, for drawing up an official record of the damages occurred.
The Renter shall not be liable for damages or the loss of property of the Rentee or the property of third parties, stored or transported in or on the rented vehicle, service vehicle or business premises of the Renter. By signing the Contract, the Rentee shall explicitly waive any claims for compensation by the Renter in cases of damage or loss specified in this provision.
The Rentee shall take possession of the vehicle with all necessary documents. Should the Rentee lose any of the documents, keys or registration plates, s/he shall be charged for the costs incurred, in accordance with the price list of the Renter.
The Renter shall be obliged to inform the Rentee of all other information related to the vehicle insurance in the moment of contracting the vehicle rental.
VI OTHER PROVISIONS
For crossing the state border of Bosnia and Herzegovina with the vehicle during the time of the rental, the Rentee shall require a notarised consent (power of attorney) of the Renter. In cases where it is issued, the Rentee shall be obliged to respect the provisions of Article 5 of this Rulebook, stipulating the prohibition of entry into the states listed exhaustively in paragraph J of this Article.
Crossing the state border of Bosnia and Herzegovina with the rented vehicle shall not be allowed without the notarised power of attorney issued by the Renter to the name of the Rentee of the vehicle, in accordance with the Law on Basic Road Safety on Roads in Bosnia and Herzegovina (Official Gazette BiH 6 from January 21, 2006).
Should the Rentee leave the territory of Bosnia and Herzegovina contrary to the provision from Article 20 of this Rulebook, s/he shall be held responsible for the execution of autocracy over moveables handed over in his possession by the Contract, or for the illegal misappropriation of property owned by the Renter, which shall ultimately result in the initiation of legal proceedings against the Rentee, based on the criminal charges by the Renter, at a court having territorial and substantive jurisdiction, in accordance with current legal regulations indicated in the header of this Rulebook.
Fuel shall not be included in the price of the rental. The Rentee shall take the vehicle in possession with a tank completely full with fuel, and shall be obliged to return it in such a condition, in accordance with Article 8 of this Rulebook. In case of failure to comply with this provision, the Rentee shall be charged for filling the fuel missing in the tank additionally to the price, in accordance with the established market price of oil and petroleum products on the market of Bosnia and Herzegovina.
The Rentee shall be explicitly prohibited to sub-rent the vehicle handed over into his possession during the rental time to third parties, in accordance with the Law on Property Rights FBiH (Official Gazette of the Federation BiH, 66/13, 100/13). In case of actions contrary to this provision, the Rentee shall be held responsible for violating the provisions of the signed Contract, as well as the above-stated relevant current regulation, which will ultimately result in the initiation of proceedings at a court having territorial and substantive jurisdiction of the Renter.
In cases of a violation of the provisions of this Rulebook, as well as the current relevant legal regulations based on which this Rulebook was drawn up, and a dispute between the Renter and the Rentee, as well as a dispute between the Renter and third parties, it shall be handled by a court having territorial and substantive jurisdiction. According to legal regulations, for all mentioned disputes, a court according to the registered seat of the Renter shall be competent, which ultimately means the jurisdiction of the Municipal Court in Sarajevo.
In accordance with the provisions of the Law on Obligations of the FBiH and RS (Official Gazette SFRJ, 29/78, 39/85, 45/89, 57/89, Official Gazette RBiH, 2/92, 13/93 and 13/94, Official Gazette RS, 17/93, 3/96), when contracting the rental, the Parties may agree on provisions different compared to the provisions of this Rulebook. The Parties shall be allowed to agree the business conditions freely, however, the contracted provisions shall in no way be contrary to the legislation of Bosnia and Herzegovina or affect the violation of the constitutional and legal order of Bosnia and Herzegovina in any way.
This Rulebook shall enter into force on the day of its adoption, and shall be obliging for the Parties from the moment the Rental Contract is signed.
The Rulebook is complete with Article 25 of this Rulebook inclusive.