TERMS OF LEASE AGREEMENT OF A MOTOR VEHICLE

The following terms apply to vehicles rented via GS-adventures.eu website or directly from Atelier Duree OÜ.

Details of the lessor (herein referred to as “the Lessor”): Atelier Duree OÜ, address Väike-Karja 7-10, Tallinn, 10140. Tel. 5138378.

1. Definitions

1.1. The lease vehicle (hereinafter “the Vehicle”) is the vehicle listed as a rental vehicle in the Vehicle Transfer Deed.

1.2. Accessories are driving and travelling equipment to be leased with the Vehicle.

1.3. GPS device is a device installed on the Vehicle that monitors and records the Vehicle’s movement data and transmits it to the Lessor.

1.4. Lease period is a period of time during which the Lessee has the right to use the leased Vehicle and leased Accessories.

1.5. The Lessor is a person, who has the right to transfer the possession of the Vehicle arising from the law or contract.

1.6. Lessee is the person who has the right to use the Vehicle in accordance with the Lease Agreement and who owns a driving license of the relevant (motor) vehicle category.

1.7. The Lessee and the Lessor are together parties to the Lease Agreement.

1.8. Vehicle Transfer Deed is a document that states the condition of the Vehicle at the time of transfer of the possession of the Vehicle to the Lessee, the Lessee’s data and other relevant terms of the Lease Agreement.

1.9. Privacy Policy is a policy document which sets forth the rules for processing the personal data of users of the GS-adventures.eu website, the personal data provided in the booking request and the personal data of the Lessee in the Lease Agreement.

2. Booking the Vehicle and Entry into Force of the Lease Agreement

2.1. The contract shall enter into force at the moment when the Lessor confirms the Lessee’s declaration of intent to conclude a lease agreement (booking) made on the GS-adventures.eu website. All lease agreements concluded by the Lessor are concluded for a limited time period.

2.2. The Lessor confirms only bookings that have been paid for in advance.

2.3. By sending and paying for a booking, the Lessee confirms that he has familiarized himself with all the relevant terms of the Lease Agreement and that the completion of the booking is considered as an expression of intent to conclude a Lease Agreement on terms set forth by the Lessor.

2.4. Cancellation of the reservation up to 7 days before the first day of use of the Vehicle specified in the booking is free of charge. After this deadline, the Lessor has the right to withhold up to 50% of the total value of the Lease Agreement.

3. Payment and Deposit for Lease

3.1. The Lessee pays for the lease of the Vehicle for the entire lease period in full before the Vehicle is dispensed to the Lessee.

3.2. The Lessee pays a deposit required by the Lessor before receiving the Vehicle. The deposit shall be returned to the Lessee within 5 days after the return of the Vehicle, unless the Lessor sets off the deposit amount against a current or a future claim.

3.3. The Lessor has the right to set off against the deposit amount any damage, lease or any other claim, which has aroused during the Lease Period and for which the Lessee is liable for.

4. Dispensing and Returning the Vehicle

4.1. Dispensing, receiving and returning the Vehicle always takes place at the lessor’s place of business at Väike-Karja 7, Tallinn.

4.2. The vehicle is dispensed between 8:00 and 10:00. The vehicle must be returned at the time specified in the Vehicle Transfer Deed.

5. Prohibition of Transferring the Vehicle

5.1. Ownership of the vehicle belongs to the Lessor and the Lessee has no right to transfer the vehicle under any circumstances.

6. Usage of the Vehicle

6.1. The purpose of use of the Vehicle is driving on roads intended for public traffic (public roads), unless in the Vehicle Transfer Deed the use of the Vehicle is permitted elsewhere (offroad) or for any other purpose. The use of the Vehicles that

are not registered in the Estonian Transport Administration Register, cannot be used on public roads.

6.2. It is forbidden to drive the Vehicle on such (public) roads or terrain, where the poor condition of the road and/or the Lessee’s driving skills can significantly damage the Vehicle.

6.3. The Vehicle may be used on the territory of the Republic of Estonia, unless there is a clear agreement between the Lessor and the Lessee that the Vehicle can be driven outside of Estonia.

6.4. It is forbidden to use the Vehicle for the provision of taxi services, as well as for training or racing in the territory of any country.

6.5. It is forbidden to sublease the Vehicle or allow the use of the Vehicle by any third person whose right to use the Vehicle is not specified in the Deed of Transfer of the Vehicle.

6.6. It is forbidden to carry heavy objects with the vehicle that exceed the registered weight of the vehicle.

6.7. It is forbidden to tow other vehicles with the Vehicle.

6.8. While driving the Vehicle, one must comply with the obligations arising from any law or regulation as well as fulfil obligations deriving from any contractual relationship.

7. The Obligations of the Lessee

The Lessee is obliged to:

7.1. To pay for the lease of the Vehicle leased and additional equipment in accordance with the Lease Agreement.

7.2. Pay a deposit amount in accordance with the Lease Agreement and price list.

7.3. Accept and tolerate the data transmitted by the GPS device installed on the Vehicle about the use of the Vehicle to the Lessor.

7.4. Provide a driving license certifying the right to drive a vehicle in the category of the Vehicle.

7.5. Use the Vehicle prudently and in accordance with the terms of the Lease Agreement.

7.6. Notify the Lessor immediately of any accident, technical failure, etc. that has occurred with the Vehicle. and immediately implement measures to eliminate these consequences, herein stopping the use of the Vehicle in the event of a significant technical failure or sign of such a failure.

7.7. To return the Vehicle (including keys, documents) and Accessories at the end of the Lease Agreement in the same condition in which he received it, taking into account normal wear and tear.

7.8. The following are not considered normal wear and tear: dents, scratches, cracks, deformations on the Vehicle parts, undercarriage or engine, which are caused by falling, improper storage or incorrect maintenance of the Vehicle.

8. The Confirmations of the Lessor

The Lessor confirms that:

8.1. The Vehicle registered in the Estonian Transport Administration Vehicle Register has been regularly serviced and therefore safe for use for the purposes specified in the contract.

8.2. The Vehicle registered in the Estonian Transport Administration Register has a valid technical inspection certificate.

8.3. The Vehicle entered in the register has a valid (obligatory) vehicle insurance.

8.4. Vehicles do not have comprehensive insurance (kasko insurance), unless it is clearly stated on the Vehicle Transfer Deed together with the corresponding own risk amount.

8.5. Inspects the Vehicle thoroughly upon its return and registers all visible defects that might have occurred not due to normal wear and tear of the Vehicle and were not present when the Vehicle was handed over to the Lessee.

9. Cases of Damage

9.1. The Lessee is obliged to immediately compensate the Lessor for any occurred damage (including any damage that has occurred to the Vehicle, value of the Vehicle in case of destruction, confiscation, etc.) incurred by the Lessor regardless of the Lessee’s fault.

9.2. In the event of an accident or any other incident that prevents the Lessee from continuing the use of the Vehicle as intended, the Lessee is obliged to repair the Vehicle or return of the Vehicle to the Lessor’s place of business at his own expense in accordance with the Lessor’s instructions.

9.3. If the Lessor’s insurance reimburses the costs of repairing or transporting the Vehicle either partially or fully, the Lessor reimburses the costs related to repairing the Vehicle or returning the Vehicle to the Lessee to the extent reimbursed.

9.4. If the impossibility of the future use of the Vehicle is caused by circumstances beyond the Lessee’s control (e.g. technical failure), the Lessor will compensate the costs related to the repair or return of the Vehicle to the Lessor to the extent that the Lessee has informed him in advance and the reimbursement has been agreed upon by the parties.

9.5. The Lessee is not obliged to compensate damages that are compensated by the Lessor’s insurance. The deposit is returned to the Lessee in the case of an insurance case after a positive decision has been made by the insurance company to compensate for the damage.

10. Term and Termination of the Lease Agreement

10.1. The lease agreement shall be deemed terminated when the deadline specified in the Lease Agreement has been reached and the Lessee has returned the Vehicle and Accessories to the Lessor.

10.2. The Lease Agreement is deemed terminated if the Vehicle during the validity of the lease agreement is destroyed or becomes unusable.

10.3. The Lessor has the right to immediately terminate the lease agreement during its validity period, if it turns out that the Lessee significantly violates the terms of the Lease Agreement. Significant violation of the lease agreement is (but not restricted to): non-intended use of the Vehicle, violation of the applicable legislation (traffic regulations), use of the Vehicle outside the agreed geographical area etc.

10.4. In the case of late return of the Vehicle provided for in the Lease Agreement by the Lessee, the Lease Agreement is extended until the moment when the Vehicle and Accessories are returned, unless the vehicle is destroyed or the return is delayed due to the repair of a technical fault in the Vehicle.

10.5. In case of delayed return of the Vehicle (including keys, documents) or Accessories, the Lessee is obliged to pay for the extended use of the Vehicle and the Accessories. The amount for the late return shall be calculated in accordance with the price list multiplied by a factor of 2, unless the return of the Vehicle is delayed due to the repair of a technical fault of the Vehicle not caused by the Lessee.

11. Changes in Terms

11.1. The Lessor has the right to change these conditions at any time by publishing the changes on the GS-adventures.eu website.

11.2. The Lessor has the right to terminate the Lease Agreement immediately if the Lessor unilaterally changes these conditions during the validity of the Lease Agreement.

12. Dispute

12.1. Disputes between the Lessor and the Lessee shall be resolved in the Harju County Court in accordance with the legislation in force in the Republic of Estonia.