Terms and Conditions and Right of Withdrawal

Dear Renter, please read the following regulations carefully. They govern the contractual relationship between you (the renter) and DailyRent LLC, 8. March Str. 12, 0108 Tbilisi, Georgia.

As of: May 2024

Download Terms & Conditions & Cancellation Policy as PDF

1. Conclusion of the Binding Rental Agreement

1.1	The conclusion of a rental agreement for the vehicle can only be made in writing, usually by mutual signature of this agreement. Agreements or statements made only verbally, without written confirmation, via email, or via SMS are in any case without legal effect.
1.2	The rental agreement is concluded between the contracting parties. A transfer or assignment of rights from the rental agreement by the renter to other third parties is only possible with the express prior written consent of the lessor.
1.3	The vehicle must not be left to third parties for use without the prior written consent of the lessor; it may only be driven by the drivers/renters named in the rental agreement.

2. Termination, Cancellations

2.1	If a date for the return of the vehicle has not been determined (open-ended rental relationship), the rental relationship can be terminated by both parties subject to the agreed notice period of 2 (two) calendar days. If the rent is calculated by days, notice can then be given on any day to take effect at the end of the following day.
2.2	In the case of fixed-term rental agreements, the agreed rental duration (dates) is binding for both parties; it can only be extended or shortened by mutual written (email, SMS) agreement.
2.2.1	Termination or cancellation of the agreement is mutually excluded, except in the presence of an important reason within the meaning of Section 399 of the Georgian Civil Code (BGB).
2.2.2	The renter is obliged to return the vehicle to the lessor at the specified time at the latest, taking into account the usual time tolerances. If the renter collected the vehicle from the lessor themselves, they are obliged to return the vehicle to the lessor. If collection by the lessor has been agreed, the vehicle must be made available by the renter for collection at the agreed location at the specified time.
2.2.3	The rental relationship does not extend automatically if the renter does not return and hand over the vehicle to the lessor on schedule. In the event of a late return, the lessor may demand compensation from the renter in the amount of the agreed rental price.

3. Use and Prohibitions on the Use of the Rental Vehicle

3.1	The use of the vehicle is permitted exclusively within Georgia.
3.2	The use of the vehicle for the following purposes is generally not permitted by the lessor: Off-road driving, e.g., Tusheti, Shatili, Upper Svaneti (Mestia-Ushguli, Ushguli-Lentekhi), Zekari Pass (Abastumani-Kutaisi), Goderdzi Pass (Khulo-Adigeni), Vashlovani National Park, and all other routes where four-wheel drive is necessary. Driving into the occupied regions: Abkhazia and the Tskhinvali region (so-called South Ossetia) and Nagorno-Karabakh. Participation in races, driver training, off-road driving, and similar uses. Transportation of easily flammable, toxic, or otherwise dangerous substances. Any use in connection with the commission of criminal offenses or customs and tax offenses, in particular the transport of substances that fall under the Narcotics Act.
3.3	The use of the vehicle is not permitted if the renter or driver does not possess a valid driving license recognized in Georgia / Armenia, if a driving ban is in place, or if the driving license has been provisionally revoked.
3.4	The use of the vehicle is not permitted if the driver is unable to drive the vehicle safely as a result of consuming alcoholic beverages or other intoxicating substances (unfit driver).
3.5	If the renter does not comply with the usage prohibitions agreed in the preceding sections 3.1 to 3.4, this constitutes a breach of duty by the renter when using the vehicle.

4. Minor Repairs, Fuels, Oils

4.1

The fuel, engine oil, and other auxiliary and operating materials consumed during the rental period must be procured by the renter at their own expense.

4.2

Minor repairs, such as replacing light bulbs, can be carried out by the renter themselves or up to an amount of €50 per individual case without prior consultation with the lessor by a specialist workshop. The lessor will reimburse the renter for the costs upon presentation of an invoice receipt and presentation of the replaced damaged part. No cost reimbursement without an invoice receipt. Personal services rendered by the renter will not be compensated.

5. Duty of Care of the Renter and Liability for Damages

5.1	The renter is obliged to inspect the vehicle very carefully before taking it over. If damage or defects are found, the renter must notify the lessor of these in text form.
5.2	The renter is obliged to treat and use the vehicle from the time of handover in the manner that a prudent owner intent on preserving its value would do. In particular, the renter is obliged, at their own expense, to: Appropriately secure the vehicle against damage in extreme weather conditions (e.g., hail, storm, flooding, heavy snowfall); Appropriately secure the vehicle against damage caused by burglary or vandalism at their own expense, for example by parking it in a monitored location; If the warning lights in the vehicle (e.g., for oil level/oil pressure, water, temperature, brake wear, or other) signal a problem, the renter is obliged to act in accordance with the instructions provided for this purpose in the manufacturer's operating manual for the vehicle. Check the engine oil level and auxiliary units, as well as the tire pressure, before every start of a longer journey and adjust them if necessary in accordance with the manufacturer's specifications.
5.3	Within the framework of their general duty of care and diligence towards the lessor for the rented vehicle, the renter is also responsible for the fault of their passengers and fellow travelers. A passenger or fellow traveler is anyone who is in or on the vehicle with the knowledge and consent of the renter.
5.4	The renter is liable within the statutory scope for all financial losses incurred by the lessor due to a culpable violation of their general duties of care and duties existing under this rental agreement. In the event of insurance claims, the lessor is obliged to first utilize the fully comprehensive or partially comprehensive vehicle insurance (Voll- oder Teilkaskoversicherung). Benefits paid out by the insurance reduce the renter's liability for damages.
5.5	If the lessor carries out the repair of a damage themselves or through their own employees, an hourly rate of €25 per hour of work performed and per person is hereby agreed as reasonable compensation.

6. Non-Accident Vehicle Damage and Technical Defects

6.1

The renter is liable within the statutory scope for all damage to the vehicle that can be attributed to operating errors during the rental period.

6.2

If, after the handover of the vehicle to the renter, technical defects occur that are not caused by an accident and which significantly restrict its fitness for use, both parties are entitled to terminate the agreement with immediate effect without notice, provided that it is not possible to remedy the defect through a short-term repair.

6.3

For the duration of the impairment of use caused by a technical defect, the daily rental price is to be reduced by 1/24 per started hour. Even in the event of a termination, the renter waives all further claims, unless the technical defect is caused by grossly negligent or intentional conduct on the part of the lessor.

6.4

If the agreement ends due to a termination without notice pursuant to Section 6.2, the renter remains obliged to pay the agreed rent up to the time of termination. The parties mutually waive all any existing further claims, in particular damages including compensation for consequential damages caused by defects. This waiver does not apply if the defect is the responsibility of the lessor due to gross negligence or intent.

6.5

Sections 6.2 to 6.4 do not apply if the renter is liable for the damage due to an operating error pursuant to Section 6.1, meaning that the defect can be attributed to an operating error by the renter.

6.6

The renter must notify the lessor immediately of any technical defect in the vehicle. If a notification is omitted, the renter must compensate the lessor for the resulting damage.

7. Traffic Accidents, Limitation of Renter's Liability

7.1	The lessor is not liable for items brought into the vehicle by the renter, such as luggage, cameras, or bicycles. In the event of traffic accidents, the lessor is obliged to provide the renter in text form with all data required to enforce their own claims for damages or compensation for pain and suffering against third-party accident opponents; this also applies to corresponding claims of their passengers and fellow travelers.
7.2	In the event of a traffic accident, provided it is not merely a minor bagatelle accident by which the usability of the vehicle is not significantly restricted, both parties are entitled to terminate the agreement with immediate effect without notice. In this case, the renter also remains obliged to pay the agreed rent up to the time of termination.
7.3	In the event of traffic accidents (including those without third-party involvement), fire, damage caused by wildlife, and other damages, the renter must immediately call in the local police and ensure that the course of the accident or damage is recorded, notify the lessor, and provide the lessor with a detailed accident report accompanied by an accident sketch; in the case of accidents involving third parties, the license plates of the vehicles involved, their third-party liability insurances, and the names and addresses of the drivers and witnesses must be recorded.
7.4	In the event of any traffic accidents, the renter is liable – provided they cannot be accused of a breach of obligations pursuant to Section 7.3 or 7.5 – for all costs incurred by the lessor through a professional repair of the vehicle (or, in the case of a total loss, for the costs of replacement); the renter is not liable for other damages. The renter is also not liable to the extent that the lessor receives compensation from accident participants or their insurances or from the fully or partially comprehensive vehicle insurance (Voll- oder Teilkaskoversicherung) existing for the vehicle. However, damage up to the amount of the deductible agreed with the insurance is regularly not covered by insurance benefits and must then be settled by the renter.
7.5	If the conduct of the renter after a traffic accident (for example, hit-and-run), or the conduct of the renter which caused the traffic accident, a violation of the usage prohibitions pursuant to Section 3, or any other breach of obligations by the renter leads to the fact that the fully or partially comprehensive vehicle insurance existing for the vehicle can invoke partial or total exemption from liability towards the lessor under the provisions of the Insurance Contract Act (VVG), the renter is liable for all financial losses of the lessor within the statutory scope, insofar as these are not covered by an insurance benefit.
7.6	With effect from the time at which all claims for damages of the lessor have been satisfied by the renter, the lessor assigns all claims for damages to which they may be entitled against third parties to the renter for the purpose of assertion.

8. Duty of Care and Liability of the Lessor

8.1	The lessor is obliged to demand the settlement of all vehicle damages that constitute an insurance claim from the relevant vehicle insurance companies, unless this appears uneconomical or obviously hopeless.
8.2	The lessor may refuse performance insofar as this is impossible for the lessor. This is particularly the case if, before the start of the rental period, the vehicle was damaged by a traffic accident or as a result of force majeure in natural events to such an extent that it is no longer fit for use, and a repair or replacement before the start of the rental period was no longer possible or would have required an effort that, taking into account the duration of the rental and the agreed total rental price and the requirements of good faith, is grossly disproportionate to the performance interest of the renter.
8.3	The lessor may also refuse performance if they cannot obtain insurance coverage through a fully comprehensive vehicle insurance policy under economically reasonable conditions.
8.4	In the event of non-performance pursuant to Sections 8.2 and 8.3, claims for damages against the lessor – regardless of the legal ground – are excluded, unless the lessor is guilty of gross negligence or intent. However, the lessor is obliged to promptly refund all payments received to the renter.
8.5	The lessor assumes no warranty for the suitability of the vehicle for the purpose intended by the renter.
8.6	Strict liability (verschuldensunabhängige Haftung) of the lessor is excluded. The lessor is only liable for intent and gross negligence; for slight negligence, they are only liable in the event of a breach of essential contractual obligations.
8.7
8.8

9. Loss of Keys or Vehicle Documents

9.1	Insofar as the renter is responsible for the loss of vehicle documents or a key, they are obliged to bear the costs of replacement and to compensate the lessor for the time and other expenses associated therewith.
9.2	The time spent by the lessor is to be compensated at a rate of €25 per hour; the renter reserves the right to minimize the lessor's expenditure through personal services.

10. Technical and Optical Changes

10.1	The renter may not make any technical modifications to the vehicle.
10.2	The renter is not authorized to structurally or visually modify the vehicle; this includes, in particular, custom paint jobs, stickers, or adhesive films.

11. Choice of Law, Jurisdiction, Miscellaneous

11.1	Compliance with traffic laws when operating the vehicle and participating in public road traffic domestically and abroad is exclusively the responsibility of the renter.
11.2	The parties agree on the applicability of Georgian law for their mutual legal relations arising from this rental agreement.
11.3	If and to the extent that any provision of this agreement violates a mandatory statutory regulation, the corresponding statutory provision shall take its place.
11.4	The place of jurisdiction is the registered office of DailyRent LLC, Tbilisi.

DailyRent LLC
8. March Str. 12
0108 Tbilisi, Georgia
Managing Director: Ilja Tevdorashvili
Email: info@dailyrent-georgia.eu
www.dailyrent-georgia.eu