General Terms and Conditions of Flameko OÜ’s Vehicle Rental Agreement, applicable to the Rental Agreement concluded between the Lessor and the Lessee unless otherwise provided in the Rental Agreement
1.1 Rental Agreement: The vehicle rental agreement concluded between the Lessor and the Lessee, to which these General Terms and Conditions of the Rental Agreement apply.
1.2 Lessor: Flameko OÜ, registry code 11033913.
1.3 Lessee: The person who has concluded a vehicle rental agreement with the Lessor.
1.4 Vehicle: A vehicle owned or used by the Lessor and rented by the Lessee from the Lessor under the Rental Agreement.
1.5 Term: The Rental Agreement is concluded for a fixed term and does not become indefinite after the term stated in the Rental Agreement expires. The rental period begins on the date specified in the Rental Agreement and ends on the date specified in the Rental Agreement.
2.1 Driving entitlement: The Lessee must be at least 22 years old. The Lessee and any additional driver must hold a valid, non-provisional driving licence and must have held the relevant driving entitlement and have driving experience for at least 2 years.
2.2 Permitted area of use: A Vehicle made available to the Lessee by Flameko OÜ under a Rental Agreement may be used within the territory of the Republic of Estonia unless otherwise agreed in the Rental Agreement. To use the Vehicle outside the Republic of Estonia, the Lessee must notify the Lessor when concluding the Rental Agreement and the relevant permission must be recorded in the Rental Agreement. Crossing a national border without the Lessor’s written permission will result in a charge of at least twice the daily rental fee. Subject to a written agreement, the Vehicle may be used only within the European Union. Under no circumstances may the Vehicle be taken outside the European Union. If the Vehicle is taken outside the European Union, the Lessee is liable for 100% of the full value of the Vehicle and for all additional costs, losses and lost income. The Lessee must also pay a contractual penalty of 10 000 euros. To verify compliance with the agreed permitted area of use, Flameko OÜ has the right to use a GPS tracking device.
2.3 Smoking in the Vehicle, including the use of e-cigarettes, is prohibited. If this obligation is breached, the Lessee must pay the Lessor a contractual penalty of EUR 500 for each violation. The Lessee must also pay all costs associated with cleaning the Vehicle.
2.4 The Vehicle must not be used:
*in a manner that conflicts with the permitted use and intended purpose of the Vehicle;
*to carry more persons than stated in the Vehicle registration certificate;
*to exceed the maximum permitted load stated in the Vehicle registration certificate;
*for off-road driving or driving outside official roads intended for traffic;
*if the Vehicle develops a technical fault that may cause further damage to the Vehicle if it continues to be used.
*to tow other vehicles or trailers, unless otherwise agreed in the Rental Agreement;
*for the paid carriage of persons and/or goods, including taxi and ride-sharing services;
*for driving instruction, testing, rallies or racing;
*for re-rental and/or subletting;
*to carry unsecured items or items whose transport may damage the Vehicle interior or make the Vehicle impossible to rent out immediately afterwards, including due to odours or damaged and/or heavily soiled upholstery or seats;
*to transport animals, except small animals kept in a suitable cage for the entire period of use of the Vehicle;
*to drive the Vehicle personally, or allow it to be driven by a person, who is intoxicated by alcohol, has residual effects of alcohol, is under the influence of a narcotic or psychotropic substance, or is in a state of health that does not permit safe driving, etc.
3.1 Before taking the Vehicle into use, the Lessee must inspect it and ensure that it is in good working order and suitable for use. By signing the Rental Agreement, the Lessee accepts the Vehicle and confirms that it meets the Lessee’s needs and wishes and complies with the terms of the Rental Agreement.
3.2 The Lessee must use the Vehicle properly, with due care, and in accordance with the terms of the Rental Agreement and applicable legislation.
3.3 When leaving the Vehicle, the Lessee must lock its doors and close its windows. The Vehicle must be parked in a designated parking area. The Lessee is solely responsible for personal belongings left in the Vehicle and for their theft, loss or destruction.
3.4 The Lessee must not allow a third party who is not listed in the Rental Agreement as an additional driver to drive the Vehicle.
3.5 The Lessee must use only high-quality motor fuel specified by the Vehicle manufacturer. The Lessee bears all damage caused by the use of unsuitable or poor-quality fuel.
3.6 The Lessee must check that the Vehicle’s systems contain sufficient oil and other required fluids. If the Vehicle is damaged because oil or another required fluid is insufficient or absent, the Lessee bears all costs associated with repairing the Vehicle and its unavailability.
3.7 In the event of a traffic accident, theft, robbery, vandalism or a similar incident, the Lessee must notify the Lessor immediately. Where the police, rescue service and/or ambulance must also be notified, the Lessee must do so immediately.
3.8 The Lessee must pay in full all penalty claims issued to the Lessee during the rental period, including penalties for unpaid parking fees and traffic violations. During the rental period, the Lessee must inform the Lessor of any possible penalties or claims that may be submitted to the Lessor after the Rental Agreement has ended. The Lessor may recover from the Lessee all fines, late-payment charge decisions, contractual penalties and similar claims discovered after the rental period if the claim arose during the rental period. The Lessor may submit such claims for up to 3 years after the rental period ends. The Lessor may charge the Lessee an administration fee of EUR 100 for each fine or similar claim.
3.9 During the rental period, the Lessee must safeguard and use with due care the Vehicle’s keys, remote controls, documents and any other additional equipment handed over by the Lessor.
3.10 The Lessee must not remove the GPS-equipped dashboard camera installed in the Vehicle by the Lessor and must keep both the camera and its SD memory card operational at all times.
3.11 The Lessee must take all reasonable measures to prevent damage to the Lessor and third parties.
3.12 At the end of the rental period stated in the Rental Agreement, the Lessee must return the Vehicle to the Lessor at the agreed location. The Vehicle must not be abandoned or otherwise left behind in breach of the applicable requirements.
3.13 The Lessee must reimburse the Lessor for:
*all damage caused to the Vehicle or its additional equipment, in full and according to the price list of the Vehicle’s authorised dealership nearest to the Lessor;
*the full cost of parts and accessories lost, stolen from or damaged on the Vehicle where the event is not an insured event and the Lessor’s loss is not compensated by insurance. Where an insurance excess applies, the excess is paid by the Lessee.
4.1 The Lessee bears all damage arising from any event, including a traffic accident, or from the unlawful conduct of a third party, including damage to the Vehicle, where the damage is not compensated by insurance. Where an insurance excess applies, it is payable by the Lessee. The amount of the excess is stated in the Rental Agreement.
4.2 The Lessee is fully liable for injury and damage caused to the Vehicle because the driver failed to take account of the Vehicle’s dimensions or manoeuvrability, including its height, width, length, track width and turning radius.
4.3 The Lessee is fully liable for damage caused while the Vehicle was driven under the influence of alcohol or another intoxicating substance, or while the driver was generally fatigued.
4.4 If the Vehicle is unlawfully taken, robbed or stolen, the Lessee’s excess is at least 20% of the insured value of the rented Vehicle. In addition to the excess, the Lessee must pay two months’ rental charges if the Vehicle keys and documents are returned to the Lessor. If the Lessee does not return the Vehicle keys and documents, the Lessee must reimburse the Lessor for the full value of the Vehicle. If the Vehicle leaves the Lessee’s possession through fraud or any other event for which insurance does not compensate the Lessor for the Vehicle’s full value, the Lessee is liable to the Lessor for the full value of the Vehicle, plus the rental fee for each day until the Vehicle has been fully compensated.
4.5 For the time required to repair damage to the Vehicle, the Lessee must pay the rental fee for each day until the Vehicle is fit to be rented again.
4.6 If the Vehicle is abandoned, the Lessee must pay the Lessor a contractual penalty equal to the value of the Vehicle, plus all costs associated with arranging and carrying out the Vehicle’s transport back to the Lessor.
4.7 The Lessee bears full liability for any damage caused by the Vehicle as a source of increased danger.
5.1 The Lessor must be available to the Lessee by telephone on working days from Monday to Friday between 9.00 and 18.00.
5.2 The Lessor must respond to calls made outside working hours, at weekends or on public holidays no later than the next working day, provided that the Lessee has contacted the Lessor again or left a message requesting contact.
5.3 The Lessor must hand over the Vehicle to the Lessee at the place and time specified in the Rental Agreement.
5.4 Where the Lessor has a legitimate interest, it may check the Vehicle’s location using a GPS tracking device.
5.5 The Lessor may review recordings from the dashboard camera installed in the Vehicle for the purpose of resolving a dispute, damage claim or insurance claim.
5.6 The Lessor is responsible for ensuring that the Vehicle’s compulsory and voluntary insurance remains valid throughout the rental period.
5.7 The Lessor is not liable to the Lessee or third parties for damage or injury arising from the rental or use of the Vehicle, including where the Vehicle breaks down, except for direct material damage caused by the Lessor’s gross negligence or wilful misconduct. In no event is the Lessor liable for non-material damage, loss of profit or similar claims. The Lessor recommends that the Lessee obtain travel insurance or other insurance appropriate to the Lessee’s interests and rights.
5.8 The Lessor is not liable for possible damage where the Vehicle cannot be handed over to the Lessee at the agreed time because of technical problems or traffic-related or other damage caused by previous lessees. In that case, the Lessor refunds the cost of the days by which the rental period is shortened. If the Vehicle booking cannot be fulfilled, the Lessor refunds the rental amount and deposit to the Lessee in full.
5.9 The Lessor is not responsible for the safekeeping of personal property or belongings belonging to the Lessee, other users of the Vehicle or passengers.
6.1 Rental prices are stated in euros and include value added tax.
6.2 The rental fee is calculated for the rental period stated in the Rental Agreement.
6.3 Before the Lessor hands over the Vehicle, the Lessee must pay the security deposit/insurance excess and the rental fee in advance in accordance with the Rental Agreement and rental period. Payment may be made by bank transfer against an invoice, by card or in cash.
6.4 The booking fee, or deposit, is paid by the Lessee to confirm the Vehicle booking. The Lessor issues an invoice for the booking fee. Payment of the booking fee confirms the booking.
6.5 The Lessee’s final financial obligations are determined at the end of the rental period and when the Vehicle is returned.
6.6 The Vehicle rental fee includes the mileage allowance applicable to the selected period and the cost of scheduled maintenance, compulsory motor insurance and comprehensive insurance.
6.7 The Vehicle rental fee does not include the cost of fuel.
6.8 One rental day is 24 hours unless otherwise agreed in the Rental Agreement.
6.9 The rental period begins when the Vehicle is handed over to the Lessee or at the start of the booked rental period and ends no later than the date and time stated in the Rental Agreement. If the return time is exceeded, each additional hour is charged at EUR 30, plus a contractual penalty of EUR 200, unless the Lessee has agreed an extension of the rental period with the Lessor in advance. The Lessee must also compensate the Lessor for all damage caused by the late return of the Vehicle.
6.10 If the Vehicle is returned early, the Lessor is not required to shorten the rental period or refund any overpaid amount.
6.11 Additional costs that cannot be foreseen at the beginning of the rental period may be added to the rental price as a result of the Lessee’s use of the Vehicle. These may include the cost of compensating damage to the Vehicle and/or its parts, refuelling charges, additional costs for handing over or returning the Vehicle outside the Lessor’s working hours, additional cleaning costs, contractual penalties, traffic and parking fines and their administration costs, costs arising from breaches of the Rental Agreement, and other costs resulting from the Lessee’s use of the Vehicle that were not agreed in the Rental Agreement. The Lessee must pay all such costs in full.
6.12 The booking fee is paid by the Lessee as security for performance of the Rental Agreement. The Lessor may set off against the booking fee any expenses incurred or damage caused during the rental period and any other obligations arising from the Rental Agreement or these General Terms and Conditions.
6.13 To cancel a booking, written notice must be sent to rent@flameko.ee
6.14 If cancellation is notified at least one month before the booked rental period begins, the cancellation fee is 10% of the booking fee, but not less than one day’s rental fee.
6.15 If cancellation is notified 11-30 days before the booked rental period begins, the cancellation fee is 25% of the booking amount.
6.16 If cancellation is notified 6-10 days before the booked rental period begins, the cancellation fee is 50% of the booking amount.
6.17 If cancellation is notified fewer than 5 days before the booked rental period begins, or if the Lessee does not appear at the agreed time, the booking fee is not refunded.
6.18 Flameko reserves the right to cancel the booking in full up to 10 days before the rental period begins. In that case, Flameko must refund 100% of the amount paid by the customer and cancel the booking.
7.1 The Lessor hands over to the Lessee a roadworthy Vehicle together with all required documents, including the registration certificate, Rental Agreement and insurance policy.
7.2 The Lessee must return the Vehicle at the place, date and time stated in the Rental Agreement and in the same technical condition and with the same equipment, additional equipment and documents as when it was handed over.
7.3 The Lessor may terminate the Rental Agreement without prior notice and demand the immediate return of the Vehicle if the Lessee breaches the Rental Agreement, has provided false information to the Lessor or is unable to use the Vehicle with due care.
7.4 When the Lessor hands over the Vehicle, the Lessee must inspect its condition and confirm by signing the Rental Agreement that the Vehicle and its additional equipment comply with the terms of the Rental Agreement.
7.5 All defects and damage discovered must be recorded in writing in the Rental Agreement and photographed so that it is possible to establish that the damage existed before the Vehicle was handed over to the Lessee.
7.6 During the rental period, the Lessee is responsible for using the Vehicle with due care and for its additional equipment, documents and general cleanliness.
7.7 The Lessee must return the Vehicle at the time and place stated in the Rental Agreement. On returning the Vehicle, the Lessee has the right and obligation to require the Vehicle’s condition to be inspected by the Lessor’s representative in the Lessee’s presence. If the Lessee waives the right and obligation to participate in the inspection, the Lessee remains responsible for the Vehicle’s condition until the Lessor’s representative has inspected it and identified any defects. If the Vehicle is dirty, the Lessor inspects it after it has been washed.
7.8 The Vehicle must be returned with a full fuel tank. To verify this, the Lessor may require proof of refuelling, such as a receipt or account statement, showing the place and time of refuelling and the type and quantity of fuel.
7.9 By separate agreement, the Vehicle may also be handed over and received outside the Lessor’s working hours and away from the Lessor’s premises.
7.10 When the Vehicle is handed over, the permitted mileage is recorded in the Rental Agreement and checked when the Vehicle is returned. The Lessor may charge for each kilometre exceeding the permitted mileage in accordance with the price list.
7.11 The Vehicle is handed over to the Lessee clean inside and outside.
7.12 If weather conditions, darkness, dirt on the Vehicle, the time and/or place prevent the Lessor from detecting missing Vehicle parts or damage caused to the Vehicle or its parts during the rental period, the Lessor may claim compensation from the Lessee after the Vehicle has been received. Under this clause, the Lessor may claim only for damage discovered no later than five working days after receiving the Vehicle, provided that the Vehicle has not been rented out again during that period.
8.1 The Lessee must immediately notify the Lessor by telephone and in writing of any traffic accident or collision involving the Vehicle, theft or robbery of the Vehicle or any part of it, or any other incident that damages the Vehicle or removes it from the Lessee’s direct possession. Where required by law or by the circumstances, the Lessee must also immediately notify the police, rescue service and, where there are injured persons, the ambulance service.
8.2 In the event of a technical failure, accident or other incident damaging the Vehicle, the Lessee must immediately notify the Lessor if the incident occurs during the Lessor’s working hours. Outside working hours, the Lessee must contact the Vehicle’s roadside assistance provider and follow its instructions. If the nature of the incident requires the police or rescue service to be notified, the Lessee must notify them immediately.
8.3 The Lessee must record in writing the names, personal identification codes and contact details of all persons involved in and witnesses to the incident, take photographs or video of the incident and, where necessary, complete a traffic accident report form.
8.4 In the event of an accident, theft or vandalism, the Lessee must complete and submit an accident or theft statement to the Lessor. The Lessee must also provide the Lessor with a written explanation containing an exact description of the incident and a copy of the driver’s identification document. If the required documents are not submitted, the Lessee is liable for the Vehicle’s acquisition cost and for other damage resulting from the accident, vandalism or theft.
8.5 The Lessee must cooperate with all of the Lessor’s cooperation partners, insurers and law-enforcement authorities in matters concerning the Vehicle or the resolution of legal issues related to it.
8.6 By signing the Rental Agreement, the Lessee confirms that they have reviewed the Vehicle’s insurance and its terms, understand them and accept them.
9.1 The Lessee must pay the Lessor:
*For traffic violations that result in the Vehicle being confiscated by law-enforcement authorities, a contractual penalty of EUR 1500 for each violation. The Lessee must also pay the Lessor rent for each calendar day during which the Vehicle is not in the Lessor’s direct possession and reimburse all other costs associated with the confiscation, recovery of the Vehicle by the Lessor and return of the Vehicle to the rental location;
*if the Vehicle is used in a country not specified in the Rental Agreement, a contractual penalty of 1 000 euros applies for each violation;
*if the Vehicle is returned in another country, the Lessee must pay a contractual penalty of 1000 euros. In addition to the contractual penalty, the Lessee must pay all costs associated with returning the Vehicle to the rental location;
*for smoking in the Vehicle, the Lessee must pay the Lessor a contractual penalty of EUR 500 for each violation;
*for using an e-cigarette or any other device producing artificial vapour or smoke in the Vehicle, the Lessee must pay the Lessor a contractual penalty of EUR 500 for each violation;
*for a missing or damaged vehicle key, the Lessee must pay the Lessor a contractual penalty of EUR 500 for each violation. In addition, the Lessee must reimburse the Lessor for the costs of replacing or repairing the vehicle key;
*for missing or damaged Vehicle documents, the Lessee must pay the Lessor a contractual penalty of EUR 200 for each violation. In addition, the Lessee must reimburse the Lessor for the costs of replacing the documents;
*for missing, broken or damaged Vehicle accessories, the Lessee must pay the Lessor a contractual penalty of EUR 500 for each violation. In addition, the Lessee must reimburse the Lessor for the costs of repairing or replacing the accessories;
*if chemical wet cleaning of the Vehicle’s interior floor, seats or upholstery is required, the Lessee must pay the Lessor a contractual penalty of EUR 500;
*for each missing litre of fuel, the Lessee must pay the Lessor a service fee equal to twice the applicable price per litre of fuel, but not less than EUR 100. The exact amount is determined when the Vehicle is refuelled;
*in the event of an insurance claim, the Lessee must pay the rental fee for the days during which the Vehicle is unusable and awaiting repair and for the time it is being repaired. For example, where insurance covers windscreen damage, the Lessee pays for the number of days the Vehicle is under repair. The minimum charge is 1 day’s rental fee.
9.2 Service fees:
*Normal soiling resulting from driving on paved roads – included in the price;
*Salongi normaalne määrdumine kasutamisest, kus salongi koristamiseks piisab tolmuimejast ja põrandamattide pesemisest - hinna sees;
*soiling caused by driving on gravel roads or other unpaved roads: EUR 25 for an exterior wash;
*Salongi lävepakkude, polstrite, uste, klaaside jne. määrdumine ning salongi jäetud prügi koristamine - vastavalt hinnakirjale;
*Sõiduki tagastamine väliselt väga määrdunult - vastavalt pesuteenuse hinnale;
*Salongi märg- või keemiline pesu - vastavalt pesuteenuse hinnale;
*the Lessee is fully responsible for a punctured Vehicle tyre. If the Vehicle has a factory-installed spare wheel, the Lessee may replace the damaged wheel with the spare and, where possible, continue the journey. Before returning the Vehicle, the Lessee must attempt to repair the damaged tyre. If repair is not possible, the Lessee must fit a new tyre in accordance with the Lessor’s price list;
*if the damaged tyre or wheel rim cannot be replaced at the scene, roadside assistance provided by the insurance company must be called. The insurance company determines the next steps primarily in cooperation with the Lessee and involves the Lessor where necessary. All costs not accepted or reimbursed by the insurer are paid in full by the Lessee.
9.3 In the event of a technical failure or accident, the insurer and, where necessary, the Vehicle’s authorised dealership must be notified immediately. The Vehicle may be towed or repaired only by an authorised dealership. The Lessee bears all costs in full. Technical failures resulting from the Vehicle’s normal wear and tear are not reimbursable by the Lessee.
9.4 The Lessee is fully liable for broken Vehicle glass and, where the damage is not compensated by insurance, must pay the damage in full.
9.5 In addition to any contractual penalty and/or service fee, the Lessee must compensate all damage in accordance with the cost estimate of the Vehicle’s authorised dealership, which the Lessor must provide to the Lessee no later than 30 days after the damage is identified and the Vehicle is inspected.
10.1 By signing the Rental Agreement, the Lessee authorises the Lessor to retain and process the Lessee’s personal data and data arising from the Rental Agreement according to the Lessor’s needs, including for statistical analysis, creditworthiness checks and protection of the Lessor’s assets.
10.2 The Lessor may retain and process the Lessee’s personal data for as long as reasonably necessary. If the Lessee breaches the Rental Agreement, the Lessor may disclose and transfer the data to third parties as necessary to remedy damage caused to the Lessor by the breach and to prevent future damage.
10.3 The Lessee agrees that the following personal data disclosed to Flameko OÜ — name, registry code or personal identification code, the start and end dates of a payment default, and the amount of the default — may be transferred to AS Creditinfo and processed in the payment-default register managed by AS Creditinfo for the purpose of making credit decisions.
10.4 If necessary, the Lessee may review the personal data processed about them on the website www.creditinfo.ee
11.1 The Rental Agreement and these General Terms and Conditions are governed by the legislation in force in the Republic of Estonia. All disputes arising from the Rental Agreement or these General Terms and Conditions must first be resolved through written negotiations between the Lessee and the Lessor. If the Lessor and the Lessee do not reach a written agreement, the dispute is resolved by Harju County Court.
11.2 By signing the Rental Agreement, the Lessee confirms that they have reviewed these General Terms and Conditions, do not wish to amend them and agree to them in full.
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