General Terms and Conditions

Trgovački obrt Mandarina, Jadranska 29 , Supetar, owner Tonči Gospodnetić (further in text T.O.Mandarina), rents its vehicles to the Customer subject according to these general terms which are constitute integral part of the rental agreement.

PREAMBLES

In order to drive a vehicle rented from T.O.Mandarina, the driver must be the holder of a valid drivers licence to drive the type of vehicle rented.

T.O.Mandarina is not responsible for any fine, penalty or legal cost incurred by a driver not carrying an driving license while driving an T.O.Mandarina vehicle.

7. PICK-UP AND RETURN Vehicles are handed over in a good state and working condition. By signing the rental agreement the Customer declares that he has examined the vehicle, verified that it is in perfect condition and considers it fit for the intended use. T.O.Mandarina reserves the right to terminate the agreement and to reclaim possession of the vehicle at any time at the Customer’s expense should the vehicle be used in breach of clause 5 below.
8. DAMAGE AND THEFT In the event of loss, damage of any kind to or incurred by the vehicle, even if the result of a theft or in the event of an accident during the rental period, the Customer must pay the amount corresponding to the loss, damage and connected expenses requested by T.O.Mandarina as compensation.
9. CHARGES The Customer must pay at the straightforward request of T.O.Mandarina
10. a) charges calculated on time on the basis of the tariffs set out in the rental agreement or tariffs currently in force; any delay of more than 15 minutes will be billed as a full rental day or more
11. b) charges for damage, theft and fire, on the basis of the tariffs set out in the rental letter or tariffs currently in force, if envisaged;
12. c) any charges for compensatory penalties for the damage referred to in the foregoing art. 2;
13. d) a charge for any fuel consumed, including operating costs for refuelling by T.O.Mandarina, if the Customer does not return the vehicle with at least the same quantity of fuel as that originally supplied when the vehicle was handed over; all vehicles are with certain amount of fuel and needs to be returned in the same level. The return of the vehicle without a full fuel tank will be subject to an additional charge
14. e) any fines, penalties, legal or other costs which T.O.Mandarina is obliged to pay by law, as well as the related operating costs incurred in recovering sums owed, stemming from the use of the vehicle during the rental period; Fines may arrive after the end of the rental period;
15. h) additional expense that may incur to T.O.Mandarina in order to recover the vehicle in question;
16. l) in the event of an accident in which injuries are caused, the Authorities may decide to confiscate the vehicle in order to carry out the relevant investigations. In the event of accident caused by negligence involving one of our vehicles in which the Customer himself or herself is injured, and/or if the vehicle is confiscated by the Authorities, the cost of detaining the vehicle are borne entirely by the Customer and calculated at a minimum day confiscation, together with the costs stemming from any violations of the Croatian law rules and all additional costs that may be incurred by T.O.Mandarina, up to a maximum of value in Croatua oft he same new vehicle according to the price in time of accident happen. The Customer authorises T.O.Mandarina to charge his or her credit card with the payments described above and any additional payment due once the rental period has terminated and the vehicle has been returned. In addition, the Customer authorises the payment of any fines and additional expenses stemming from violations of the Croatian law that are notified after the termination of the rental period.
17. EXEMPTION FROM LIABILITY T.O.Mandarina is not obliged to take care of or return property belonging to the Customer, and cannot therefore be held liable for loss of or damage to objects transported, abandoned or left in the vehicle, either during or after the rental period. Objects left in the vehicle after it has been returned shall be treated as having been abandoned. T.O. Mandarina is not responsible for any damage to the user, the person to whom the user has given the vehicle to the management, the person who is transported to the user and to any third party, as well as to their things.  The lessor is not liable /  does not arrange for the any  damage incurred in connection with the operation and use of the vehicle, but the person to whom the vehicle is entrusted to use is in lieu of it. The lessor shall not be liable for damage in case of force majeure as well as the one arising exclusively by the action of the injured party or a third party.
18. CONDITIONS OF USE The Customer must keep and use the vehicle with all due diligence and in particular, must not allow the vehicle to be used: a) to transport persons and/or property for business purposes; b) to push or tow vehicles, trailers or other items; c) in races, trials or competitions; d) by the Customer or Driver under the influence of alcohol, hallucinogenic drugs, narcotics, barbiturates or any substance that may diminish his or her awareness or ability to react. T.O. Mandarina and its reserve the absolute right to refuse to hand over a motor vehicle if the Customer is in an unfit psycho-physical condition; e) in violation of any customs, road traffic or other regulation; f) driven by anyone other than the Customer unless that person was not previously indicated in the rental letter and authorised by T.O. Mandarina; g) outside island Brač; h) on dirt tracks (scooters and cars) i). Vehicles may not be rented to third parties under any circumstances whatsoever. The Customer must use all the anti-theft devices fitted in the vehicle whenever it is parked and abandoned, even in a closed area or car park with valet service. j) the costumer must obey country laws and legilations and all traffic rules.
19. INSURANCE The Costumer is responsible for all damage caused to the vehicle (up to full price of new vehicle in Croatia). Costumer is required to pay the full price for new original parts that are damaged, vehicle repair costs, towing service costs and all other costs and losses incurred as a result of damage to the vehicle. T.O. Mandarina is authorized to assess the damage and repair costs of the vehicle. If the T.O. Mandarina and Costumer agree Costumer can pay extra price per day stated as FULL RENT in which case all damage that happens on vehicle and for which Costumer would be charged will be on T.O. Mandarina expense. In any case full rent doesn’t cover Broken or flat tire, rim, windscreen, interior in car damage, towing service costs aren’t included. Damage that happens becuase of racing, driffting, crazy driving and all damage that is made  deliberately (careless) isn’t covered.
20. ACCIDENTS. Any accident occurring must be reported to T.O. Mandarina immediately after the event; if necessary, the Customer must report the incident immediately to the competent authority and send a copy by email or phone service such as whatsa or viber to T.O. Mandarina as soon as possible. In the event that the dynamics of the incident are in doubt, the Customer must not accept liability and must take steps to obtain details of witnesses and any other vehicles involved. The Customer undertakes to cooperate with T.O. Mandarina.
21. FAULTS, DAMAGE. In the event of faults or damage to the vehicle, which are not the result of wilful or negligent acts on the part of the Customer and which can be attributed to a mechanical malfunction on the vehicleas a result of which travelling cannot be continued, T.O. Mandarina will, if possible, replace the vehicle as soon as possbile. If this is not possible, T.O. Mandarina will refund that part of the rental relating to the remaining period for which the vehicle has not been used. The refund and replacement referred to above will not apply if the fault or damage is attributable to the incorrect use of the vehicle by the Customer or attributable using the vehicle against rental agreement. The Customer must notify RM of the incident immediatly and stop driving the vehicle as soon as he suspects that something is wrong. The Customer must not make any decision unless expressly authorised to do so by T.O. Mandarina. If the vehicle is abandoned and/or is taken outside Brač without authorisation, the right to the courtesy service will be forfeited and the Customer must reimburse T.O. Mandarina for all charges, both direct and indirect, incurred in recovering the vehicle. The Customer is not entitled to the reimbursement of the cost of repairing the vehicle if not authorised in advance by T.O. Mandarina, the Customer being obliged however in any event to provide documentary evidence of the costs incurred. In the event of punctures and/or damage to the tyres, the Customer must replace or repair if possible (T.O. Mandarina will decide) the damaged tyres, at his or her expense. The Customer is liable for any type of damage to the vehicle , including the cost of repairs, loss of value, inability to use for rental purposes or the current market value if the vehicle cannot be repaired or if T.O. Mandarina decides not to repair it, subject to its absolute discretion, including administrative costs connected with any type of request for compensation, whether or not the Customer is actually responsible. The Customer is obliged in all circumstances to report damage, accidents or acts of vandalism to T.O. Mandarina and the competent Authorities immediatly after event in question. Loss of the key or the vehicle documents, destruction, damage to the helmet and the suitcase will be charged according to the T.O. Mandarina pricelist.
22. PRIVACY The Customer is informed that, the data supplied by the Customer may be handled in keeping with legislation. Furthermore, the data may be used by T.O. Mandarina to permit the competent authorities to send formal notice to a customer responsible for a violation of the any other legislative provision. Data will be handled using instruments capable of guaranteeing their security and confidentiality and will be dealt with by individuals expressly instructed in the manner envisaged in the Privacy Code.