The vehicle rental agreement is bilaterally binding. In accordance with its terms, the owner must provide the agreed property, and the user must pay a fee for its operation. It follows that the transaction is onerous. Let's consider in more detail the features of renting a vehicle. Forms of agreements will also be presented in the article.
Classification
There are 2 types of vehicle rental agreements: with and without crew.
In the first case, the owner provides the vehicle for temporary use and, at the expense of his means and forces, provides maintenance and management services. As you can see, in this agreement the subject includes 2 elements. Accordingly, when renting a vehicle without a crew, the subject will contain only one component.
Transaction specifics
Vehicle rental agreement is consensual. This is due to the fact that the obligations and rights of the transaction arise with the parties at the time they reach an agreement on the essential conditions.
With some differences in the subject, a common sign of contracts is the provision to the lessee of a certain object - a vehicle - for temporary possession and use.
Document form
Vehicle rental agreements are made in writing. If the transaction is in relation to aircraft, ships and other watercraft, special standard forms are used - proforma. They reflect the general (usually constant) conditions of the transaction, taking into account the type / kind of cargo, route and other factors.
Crew rental features
In accordance with the contract, the property is provided for use for a certain time. The term of operation is reflected in the agreement in the form of a specific calendar period or time period necessary for the realization of the tenant's goal.
During the set time, the owner must maintain the vehicle in good condition. He must provide all supplies and materials. The latter include fuels and lubricants, tools, paint, etc. The owner must replace worn parts and mechanisms, carry out major and ongoing repairs.
The provision of vehicle management and maintenance services under a lease agreement is aimed at ensuring the normal and safe use of property.
Payment of fuels and lubricants and other materials consumed during operation, fees, taxes and other necessary payments are the responsibility of the user (tenant). In addition, the subject is required to pay in the agreed manner.
Owner Responsibility
The owner without the consent of the user is not entitled to conclude other lease agreements for the vehicle (including individuals) related to its commercial operation.
The legislation establishes the responsibility of the owner for failure to fulfill obligations to maintain the property in good condition and to carry out major and ongoing repairs. In such cases, the user has the right, at his discretion, to carry out the necessary work on his own and recover the cost from the lessor, take into account the amount due, reduce it proportionally or terminate the contract and demand damages.
For damage caused to third parties by the leased vehicle, the owner is responsible. Exemption from liability is allowed in case of damage due to force majeure (natural disaster, for example) or intentional actions of the victim. In case of harm to the user, the owner has the right to present claims to him in recourse. If the damage occurred through the fault of the tenant, the lessor must prove it.
User Responsibility
The contracted entity is required to pay a fee in the amount and manner agreed by the parties. In case of violation of this condition more than 2 times in a row at the end of the period established by the agreement, the lessor has the right to demand early termination of the contract. Termination of the transaction is carried out in court.
Rental without crew
The legal regulation of this transaction has much in common with the contract discussed above. However, there are significant differences.
An agreement may be concluded with an organization or an individual. The lease of a vehicle without the provision of maintenance and management services involves the transfer of ownership and use rights from the owner to the counterparty. The crew is subordinate to the latter in matters of technical and commercial operation of the vehicle. Its members are employees of the tenant.
The user through the subordinate crew carries out control, monitoring, operational and technical maintenance of the vehicle. The subject can implement these functions independently or hire specialists under a labor agreement or contract.
Operation Nuances
The right to use the vehicle belongs to the lessee in full. The vehicle may be operated for the purposes specified in the contract. If there is no such indication in the agreement, the TS is used in accordance with its purpose. The tenant bears the risks associated with the operation of the property.
Operating costs
A complete transfer of powers to use and own a vehicle involves the payment of expenses associated with its content. The obligation to supply fuel and lubricants, other materials and accessories lies with the tenant. He must also carry out major and ongoing repairs.
Unless otherwise provided in the contract, the lessee is obliged to pay the salary of the crew, deliver food and supplies, pay expenses for insurance of the vehicle, fees, taxes, etc.
User Responsibility Features
When renting a vehicle without a crew, the tenant becomes the undivided owner of the property. Operation of transport is always fraught with high danger to others. Accordingly, the tenant will be liable for damage resulting from the use of the property.
In general, the responsibility of the user to third parties, as well as the regressive liability of the owner, are built on the same principle as under a vehicle lease agreement with the crew. Exemption from sanctions is allowed if the damage occurred due to force majeure or intentional actions of the victim.
Vehicle rental agreement with redemption
Such an agreement is classified as mixed. The contract combines elements of lease and sale contracts.
Among the essential terms of the transaction are the following:
- Thing. The model rental contract with a subsequent buyout indicates the characteristics of a particular facility. It is necessary to describe in detail technical indicators, registration data, etc.
- Redemption value and payment rules.
- Terms of transfer of the vehicle to the tenant. The parties to the transaction must determine the time the buyer acquires property rights. It may coincide with the end date of the lease agreement, if the subject repays the full cost of the vehicle.
Other conditions
A sample lease agreement for a vehicle with subsequent redemption must contain the following clauses:
- Obligations and rights of the parties. Participants independently distribute them among themselves. At the same time, all risks must be foreseen. Participants in the transaction may stipulate a ban on sublease, transfer of property as collateral and other actions. In drafting this paragraph should be guided by the provisions of 644-646 articles of the Civil Code.
- Responsibility of the parties. In this part, you can establish sanctions for violations of the terms of the transaction and the procedure and application.
- Terms of termination of agreements. When compiling this paragraph should take into account the provisions of articles 619-620 of the Civil Code.
Before signing the agreement, the tenant needs to make sure that the vehicle is in good condition. This procedure will avoid future problems. If, for example, defects are discovered during operation, it will be difficult for the subject to prove that they arose not through his fault.