General terms of business

VEHICLE RENTAL AGREEMENT

1. INTRODUCTORY PROVISIONS

(a) "Lessor" - Ninety Nine d.o.o. for services, with headquarters at the address: Put Bokanjca 61B, 23000 Zadar, Croatia, OIB (PIN): 93787193085 Company's REG.NR. 5631599 Commercial Court in Zadar. Ninety Nine d.o.o provides rental and leasing services for cars and motor vehicles specialized in short-term and long-term rental with or without the service of a private driver.

(b) "Lessee" – a natural or legal person who or on whose behalf the vehicle is being rented. In the Rental Agreement, this person is defined as the "Lessee" and is responsible for compliance with all points of these General Terms and Conditions of Rent and those of the Rental Agreement.

(c) "Agreement" - an individual rental agreement signed when taking over the rental vehicle by which the use of the vehicle is approved, that also defines pick-up and return of the vehicle, coverage, equipment, and services included in the rental price as well as the method of payment of rental. The agreement also contains information on mileage status, the fuel, amount, damages and possible defects on the rented vehicle and other rights and obligations that both contracting parties accept in full by their signature. The condition of the vehicle at the pick-up time and General Terms and Conditions of Rental shall be considered as part of the Rental Agreement.

(d) "Driver/Additional Driver" - a natural person listed in the Rental Agreement as the "Lessee" who signs the Rental Agreement and takes over the vehicle, responsible for complying with all the provisions of the Rental Agreement.

(e) "Lessee", Driver, and Additional Driver are in these General Terms and Conditions of Rental hereinafter referred to in one word as – the User.

(f) "Vehicle" is the subject of the Rental Agreement, whose data are specified in the Agreement.

2. RENTAL TERMS

By signing the Agreement, the User confirms that he or she is taking over the vehicle in good condition, suitable for the agreed use, with all the related equipment and accompanying documentation. The driver who, on behalf of the User - legal person, takes over the vehicle and signs the Agreement based on authorization to do so, guarantees and is responsible to the Lessor, jointly and severally with the said legal person, for compliance with and fulfillment of all obligations under this Agreement.

By signing the Agreement, the User guarantees the Lessor that he or she meets the general requirements of the minimum age for driving a motor vehicle and that he or she has the necessary documents for driving a motor vehicle, in accordance with the current legal regulations of the Republic of Croatia, which he or she is obliged to present to the Lessor in original, while a copy of the same remains in the Lessor’s possession, as an attachment to the Agreement. Even after the termination of the Agreement, the User is held liable for traffic violations committed during the duration of the Agreement.

3. PAYMENT TERMS AND METHODS OF PAYMENT

Prior to taking over the rental vehicle, the User is obliged to pre-authorize his credit card in the amount determined by the Lessor according to his or her estimate, depending on the vehicle class, duration of the rental and coverage.

By signing the Rental Agreement, the User authorizes the Lessor to charge all amounts for daily rent according to the agreed tariff, daily supplements (purchased coverage, additional equipment, and services), as well as the costs incurred that are calculated, all according to the valid Price List, by debiting the User's account. The User's account means the credit or debit card account for which the pre-authorization was performed or other agreed account. The Lessor may charge the amounts paid by debiting the User's account during or after the end of rental, when he or she determines the existence of the User’s obligation, that is, the User can pay such costs in agreement with the Lessor, at Lessor’s free choice. If the User settles the costs by direct payment to the Lessor's account, he or she is obliged to do so within the specified deadline for payment of the invoice. In case of delay, the User is obliged to pay the Lessor statutory default interest, as well as any additional costs actually incurred.

Ninety Nine d.o.o., Zadar, Put Bokanjca 61B PIN: 93787193085, which under the commercial name and brand Ninety Nine rent-a-car accepts payment based on order by bank transfer / internet banking / direct payment to the company's transaction account and on-line credit cards (online card authorization) MasterCard, Maestro, Visa, Diners, Discover.

Online Dispute Resolution (ODS) Platform.

3.1. Internet banking:

When choosing this type of payment, the Client will receive an offer by which he can make a payment on the e-mail he stated when booking.

When making a payment by general payment slip or internet banking, the Client must OBLIGATORY write the PAYMENT REFERENCE NUMBER specified in the offer in order for the payment to be linked to the order. If the Client does not enter the CORRECT PAYMENT REFERENCE NUMBER and Ninety Nine rent-a-car cannot connect the payment with the order, Ninety Nine rent-a-car is not responsible if the order is not confirmed to the Client, or if the desired vehicle is not booked for the Client.

To confirm the order, it is necessary to make a payment according to the received offer.

PAYMENT IN INSTALLMENTS is not possible.

Payment on our website is SAFE: www.ninetynine.hr takes the security of credit card information very seriously.

www.ninetynine.hr uses WSPay for online payments.

WSPay is a secure system for online payment, real-time payment, credit and debit cards and other payment methods. WSPay ensures the buyer and merchant a secure registration and transfer of entered card data, which is confirmed by the PCI DSS certificate that WSPay has. WSPay uses SSL certificate of 256-bit encryption and TLS 1.2 cryptographic protocol as the highest levels of protection in data entry and transfer.

3.2. Statement on the protection of personal data transfer

Protection of personal data in accordance with the General Data Protection Regulation of the European Parliament and of the Council No. 2016/679-Regulation and implementation of the General Data Protection Regulation.

WSPay, as the processor of authorization and collection of credit cards, handles personal data as a processor and treats personal data in accordance with the General Data Protection Regulation of the European Parliament and of the Council No. 2016/679 and according to the strict rules of the PCI DSS L1 Regulation on the protection of data entry and transfer.

WSPay uses SSL certificate of 256-bit encryption and TLS 1.2 cryptographic protocol as the highest levels of protection in data entry and transfer.

Personal data used for the purpose of authorization and collection or in performing obligations under the Agreement or on the basis of the Contract, are considered confidential data.

For execution of the Agreement (authorization and billing), the following personal data of the buyer are required:

Name and surname

  • E-mail
  • Telephone
  • Address
  • Place
  • Zip code
  • State
  • Card Type
  • Card number
  • Card duration
  • CVV card code

WSPay neither process nor use these personal data except for the purpose of executing the Agreement, authorization, and billing.

WSPay guarantees the fulfillment of all the conditions set out in the applicable regulations on protection of personal data for personal data processors, in particular to undertake all necessary technical, organizational and security measures, which is especially confirmed by the PCI DSS L1 certificate.

4. OBLIGATIONS OF THE USER

By signing the Agreement, the User declares that he or she is familiar with all the obligations listed below, and that he or she accepts them:

(a) that after the end of rental the vehicle will be returned to the place and within the period laid down in the Agreement, in appropriate condition, with the equipment and the fuel quantity as in which the vehicle was taken over, i.e., even before the agreed deadline, at the request of the Lessor;

(b) to ask the Lessor, in writing, to extend the agreed rental period, as well as any other changes in terms of the rental, at least before the expiry of the rental period itself, while otherwise the Lessor is authorized to report the disappearance of the rental vehicle;

(c) that the vehicle will not be overloaded, used for driver training, transport or towing of other vehicles or trailers, for paid passenger transport, for racing, endurance tests, speed tests, for illegal acts;

(d) that the vehicle will only be used by the driver or the additional driver, for their own needs and in accordance with the purpose of the vehicle and that the vehicle will not be used by unauthorized users and third parties;

(e) that he or she will use the vehicle properly and treated it with the care and diligence of a good host/businessman;

(f) that he or she, when leaving the vehicle, will always lock it with the windows closed and take the keys and vehicle documentation and always have them under personal control;

(g) that he or she will drive the vehicle only on public roads, without the influence of alcohol or drugs, complying with all traffic regulations and regulation of traffic;

(h) that he or she will take care of the regular technical condition of the vehicle, i.e., regularly check the cooling fluid, oil, other liquids, tire pressure, etc.;

(i) when indicated by the vehicle signaling instruments or if the User considers that the vehicle requires servicing, he or she is obliged to contact the Lessor for the purpose of regular services and referral of the vehicle to an authorized repair shop, as well as to carry out other service activities and other repairs. In case of damage to the vehicle or damage to the vehicle due to non-compliance with the provisions of these General Terms and Conditions, the User is obliged to compensate for all such damages and any lost earnings due to the inability to carry out the basic activity of a particular vehicle;

(j) that he or she will neither use the vehicle for transport nor allow the transport of more passengers or goods than the maximum permitted specified in the vehicle registration card, i.e., vehicle permit, and that he or she shall not make any modifications to the vehicle;

(k) that he or she will not drive the vehicle outside the borders of the Republic of Croatia, unless he or she has previously announced it, for which the Lessor may charge an additional fee in accordance with the Price List. In case of violation of cross-border and territorial restrictions on the use of the vehicle, all insurances for the User referred to in point 8 of these General Terms and Conditions cease to exist;

(l) that he or she will bear all costs related to vehicle operation, fuel, tolls, tolls, parking, misdemeanor, and other similar fees;

(m) with this Agreement the User authorizes the Lessor to charge, without prior notice, for collection of all traffic violations and parking and other penalties, determined by the law of the country in which the vehicle is driven, and committed during the rental period, regardless of when they are determined or due, plus any manipulative costs, the credit or debit card specified on the front page of this Rental Agreement;

(n) that Lessee, a legal person, , with prior written notice and Lessor’s consent, may exceptionally give the rental vehicle to his employee - as a driver - who meets the prescribed conditions, in which case the Lessee is obliged to inform the said employee of these terms and conditions of rental and responsibilities of the driver, which in no case diminishes the responsibility of that legal person to comply with these General Terms and Conditions and  Rental Agreement.

5. OCCURRENCE OF DAMAGE AND LOSS OF DOCUMENTATION

In case of damage to the vehicle, lack of equipment or accessories, missing documentation, license plate or vehicle keys, the User shall compensate the damage according to the valid Price List. The vehicle user is liable if there is damage to the engine or drive mechanism of the vehicle (for example due to lack of oil, cooling agent and other liquids in the engine), as well as in cases of damage to the oil pan, damage to the clutch (the so-called burned clutch), damage to the vehicle’s undercarriage, loss/damage to vehicle documents and keys, loss/destruction of license plates, damage to the vehicle interior, burned seats, using inadequate fuel or other failures, caused by the negligence of the user or driver of the vehicle (e.g. careless driving or driving off paved roads). In all the above cases, the vehicle user reimburses the Lessor for the entire amount of the cost of repairing the vehicle and additionally the amount of the lost daily rental of vehicle according to the Lessor’s valid Price List for the duration of the repair, but not more than 30 days, and any other damage caused, such as the costs of towing the vehicle or reduced value of the vehicle. The User or the person to whom the User has given the vehicle for use, assumes the obligation to use the vehicle according to the manufacturer's instructions, as well as the use of diesel or unleaded fuel according to the manufacturer's instructions. All damages resulting from non-compliance with these instructions are not covered by insurance and fall to the detriment of the User of vehicle.

6. THEFT, CAR ACCIDENT, FAILURE OF THE RENTAL VEHICLE

In case of a traffic accident, damage, disaster, evasion, theft, drive malfunction of the vehicle or other similar circumstances, the User is obliged to:

(1) keep and secure the vehicle from decay and even greater damage, until its takeover by the Lessor;

(2) record the names and addresses of participants and witnesses;

(3) call the competent police and ensure their record, except in case of drive malfunction;

(4) make a statement of the event without delay at the nearest Branch office of the Lessor.

The User of the vehicle is obliged to report any damage to the vehicle to the police, and in case that the User fail provide a police record, does not make a statement, and does not provide a breathalyzer test of the driver, the entire cost of compensation for damage or disappearance of the vehicle, falls at the expense of the User of vehicle in full, including the lost profit in the amount of daily rental due to the non-use of vehicle for the duration of repair,  up to 30 days, regardless of the User's fault for the event and whether the User has accepted and paid for the redemption a part of liability for participation in the damage (CDW+) or redemption  of total liability for participation in damage (SCDW).

7. COSTS REIMBURSED TO THE USER

The Lessor will reimburse the User for the necessary costs for oil, lubricant, regular servicing, and other necessary light repairs, incurred during the rental, except for the costs of washing the rented vehicle, based on the presented invoice upon payment. In order to reimburse these costs, the User must obtain the consent of the Lessors authorized person, otherwise the compensation will not be possible. The User is obliged to hand over to the Lessor a valid invoice issued by the legal person that performed the service addressed to NINETY NINE d.o.o. for services, Put Bokanjca 61B, 23000 Zadar, Croatia, OIB (PIN): 93787193085 and represents a prerequisite for the payment of compensation.

8. PARTICIPATION IN DAMAGES

The User may reduce the risk and amount of obligation to compensate for damages by accepting the appropriate coverage, provided that the damage has not been caused by violation of the provisions of these General Terms and Conditions, Rental Agreement, and legal regulations, i.e., the intentional or improper use of the vehicle. Reduction of liability for damage or theft involving damage (CDW/TP); by accepting, the User of the vehicle can reduce his or her liability for damage or theft, as opposed to participation in the damage (deductible) and the full amount of damage. Passenger cover in case of an accident (PAI); the driver and passengers are insured in case of death and disability up to the amounts prescribed by the insurance company where all the Lessor's vehicles are insured. Redemption of part of the liability for participation in damage (CDW+); by accepting and paying the daily coverage, the User may limit his liability for damage to the vehicle.

Redemption of liability for damage to tires, undercarriage, and glass for participation in damage (WUG); the acceptance of this fee provides coverage for the destruction/damage to the tires, rims or rim cover, destruction/damage to the lower undercarriage of the vehicle and vehicle windows.

Redemption of total liability for participation in damage (SCDW); by accepting and paying daily coverage, the User may further limit the overall liability for damage to the vehicle. Paying for SCDW coverage does not cover the risks: destruction/damage to tires, rims or rim covers, destruction/damage to the chassis of the vehicle, vehicle interior (unless the interior is damaged in an accident), all vehicle windows and any damage without police record. By signing the Rental Agreement, the User authorizes the Lessor to charge the holder of the credit card, or any other payment method, all the costs of repair, failure or loss, up to the amount of the deductible or the full amount of damages if he or she did not comply with these General Terms and Conditions of Rental, and those that were discovered after the vehicle was returned, and the User did not inform the Lessor in accordance with the vehicle return procedure. Insurance does not cover damages caused in risky areas or war zones, as well as in case if rented vehicle was used outside the borders of the Republic of Croatia, in transit through the city of Neum, without Lessor’s written consent.

9. COLLECTION AND PROCESSING OF PERSONAL DATA

The User provides personal data voluntarily. The User’s personal data are required in the process of realization of the requested service. The Lessor uses and processes personal data in accordance with the applicable regulations on personal data protection. Information on the processing of personal data, as well as on the user rights, can be found in the Statement on Personal Data Protection available at www.ninetynine.hr

10. OTHER PROVISIONS

The Lessor is not liable for the damage suffered by the User due to delays in the delivery of the vehicle, as well as for damages that would be caused to the User due to malfunction in the vehicle during the rental. The Lessor has the right to terminate the Rental Agreement and immediately take possession of the vehicle if the User does not act or does not comply with any provision of these General Terms and Conditions or Rental Agreement, or if the vehicle is damaged. The termination of rental under this provision is without prejudice to other rights the Lessor has under these General Terms and Conditions and Rental Agreement. This Agreement is drawn up in two identical copies, one of which is handed to the User and the other is retained by the Lessor. By signing the last page of this Agreement, the User accepts this Agreement and all its provisions, and by accepting the insurance coverage referred to in Article 8, he or she also accepts the insurer's insurance terms for these types of insurance with which he or she is familiar. Amendments to this Agreement may only be made in writing and oral agreements shall be deemed invalid.

In the event of a dispute under this Agreement, the parties agree on the territorial jurisdiction of the court with actual jurisdiction in Zadar with the application of Croatian law.

11. CURRENCY CONVERSION STATEMENT

All payments shall be made in euros - the currency of the Republic of Croatia. The amount charged to your credit card is obtained by converting the price in euros according to the current exchange rate of the Croatian National Bank.

When charging your credit card, the same amount is converted into local currency according to the exchange rate of credit card associations. As a result of such conversions there is a possibility of a slight difference from the original price stated on our website.

Full company name: Rent a car Ninety Nine - NINETY NINE d.o.o,
OIB (PIN): 93787193085
Court registry number: MBS:5631599
VAT ID number: HR93787193085
Other contact information: +385976609905; info@ninetynine.hr 
The exact name of the services offered: Rental and leasing services for cars and motor vehicles.
Full address of the point of sale: Put Bokanjca 61B, 23000 Zadar Croatia