1 Rental agreements start.
The rental agreement starts no later than the expiration of Toyota Sørvest Bilutleie AS (TSVB) business hours on the date the renter has ordered the car from. TSVBs opening hours are Monday - Friday 08:00 - 16:00. Unless otherwise agreed, place of delivery is Vestre Svanholmen 9, Forus. If delivery elsewhere, transportation costs of car will be charged renter. Renter confirms with his signature that the car is received in the condition described in contract.
2 Rental agreements termination.
The rental agreement ends on the date and time specified in the contract unless there is agreement of extension. Monthly rentals are charged days regardless of time of delivery/return. Return adress as specified in contract unless otherwise agreed.
Return has occurred when the vehicle is returned TSVB on the address specified in section 1 and the key is handed over TSVB within business hours, unless otherwise agreed. The car must be returned with the equipment/accessories it came with, and with the same level of fuel as it had on delivery. Lack of fuel on rates without fuel included will be charged with actual cost + 20 %. If the vehicle is picked up by TSVB or his representative, renter will be charged for return transport costs.
If the vehicle is returned outside TSVBs opening hours (see section 1), the renter must inform TSVB that the car is returned by e-mail to bilutleie@sorvest.toyota.no. Return Time is set to the time e-mail is sent unless for example Autopass charges indicate other time of return.
If TSVB is to provide return freight, the car must be parked on a secure location, notified to TSVB by e-mail. Keys must be easily accessible within reasonable distance from the car. If there are time limits regarding picking up car and/or keys, this must be specified in before mentioned e-mail. Due to size of car freighters, there is no pick-up service in residential areas. In cases like this, although rental charges stops running on agreed date, the car is not deemed to be returned until it has arrived TSVB.
TSVB will – when possible – conduct return inspection immediately after the car is available, and no later than the following workday provided that the car is not used for any other purpose in the meantime. Return inspection cannot be expected before 8:30 or after 15:30.
3 TSVBs requirements.
TSVB is required to place the car to renter’s disposal at the agreed time and place. The car must be in good condition, with a full tank of fuel. If TSVB does not meet its requirements according to the rental agreement, renter can demand that TSVB at own expense corrects the deviation, as long as this does not cause TSVB unreasonable cost or inconvenience. Even if the renter does not require it, TSVB may at own initiative and expense take on redelivery or similar when this can be done without significant inconvenience to renter. If correction or replacement is out of the question, or not done within reasonable time after renters complaint, renter can claim a proportionate price reduction.
In the event of material breach, the renter may terminate the rental agreement. The renter cannot terminate the contract unless notice of termination is given TSVB within a reasonable time after renter became or should have become aware of the breach.
Renter can seek compensation for loss as a consequence of TSVB not meeting its requirements, unless TSVB provides probability that reason(s) for not meeting the requirement are due to circumstances TSVB could not be expected to take into consideration when the agreement was entered, or to overcome the consequences of. Compensation for indirect loss, or loss as consequence of damage to other than rental car(s), cf criteria used in Lov om kjøp (Sale of Goods act) §67, can only be claimed if TSVB has acted with gross negligence or willful misconduct.
4 Renter’s treatment and use of the car.
Renter shall, as far as possible, examine the car immediately after it is placed at renter's disposal. Renter loses right to claim breach of contract, be it failure or delay, applicable if the renter does not within a reasonable time after discovering should have discovered breach, notifies TSVB indicating what kind of breach is in question. Furthermore, renter undertakes to treat and use the vehicle in a safe manner, including ensuring that the necessary certificates are held by all potential users, and that the use at no time are inconsistent with applicable provisions of road traffic, vehicle specific applications, and common sense. Smoking and transportation of animals in the car may incur additional charge for cleaning
5 Renters maintenance duties.
Renter has taken over the car in good condition, and is during the rental period responsible for providing maintenance in terms of lubricating oils, coolant, tyre pressure and the like. If in doubt about maintenance, contact TSVB.
6 Renters responsibilities in the event of damage incurred in the rental period.
Renter is responsible for damage(s)/wear and tear over normal to the car regardless of fault. If renter is involved in accident(s) with other party or parties, renter shall not under any circumstance admit to guilt or responsibility in connection with completion of accident form(s) or otherwise. In case of doubt or disagreement about what should be defined as damage and what should be defined as normal wear and tear, Norwegian automotive association’s (Norges bilbransjeforbunds) and Finance companies association’s (Finansieringselskapenes forenings) “Guidelines for abnormal wear” (Retningslinjer for unormal slitasje) shall be used.
All damages, technical failures or accidents must be reported immediately to TSVB. In case of theft, fire, vandalism, personal injury or damage to animals, the matter must always be reported to the police. If damage immobilizes the car, due precautions must be made if the car must be abandoned. All damages must be reported within 1 – one – year after the damage incurred, with accident statement if necessary.
Renter must – without being asked – draw TSVB’s attention to whatever damages inflicted to the car during the time of rent, and fill out and return accident report for each damage no later than when the car is returned.
If message and/or accident report is not given TSVB according to guidelines above, renter is responsible for any additional costs incurred in connection with the damage(s) occurred that can be attributed to delayed or failed delivery of accident report(s). Damage or liability in whole or in part not covered by renters excess, for example due to willful act or gross negligence, must be covered by renter in its entirety.
All cars are fully insured by TSVB.
7 Payment for costs connected to the rental agreement.
Renter agrees to pay for the services he has signed for, and for charges connected to this contract either by credit/debit card or by invoice. Unless otherwise agreed, consumer renters shall pay by card. Estimated rental costs are billed at rental start, and final invoice is issued on return. Renter can choose to pay cash or by bank transfer on return of the car, but TSVB can require that renter uses credit/debit card when booking the car, and make reservation of amount (not exceeding expected rental costs) at the rental periods start. TSVB may require other appropriate security. Rental agreements over several months are billed monthly.
TSVB can after charge renter for costs associated with kilometer fee for exceeded kilometers, consumed fuel, excess(es) I connection with damage(s) or repair cost for damage(s) not exceeding excess or not covered by insurance, expenses connected to return transport if breach of contract, delivery/collection of car to/from other location than agreed and other expenses connected to the rent. TSVB can also after charge renter cost from public fines like, but not limited to, toll fees, studded tire fees, parking fees, penalty fees and other.
TSVB can charge card directly when the renter has verified the sum to be paid in that he / she has signed the rental agreement. The same applies if the renter upon entering the rental period has signed for an amount reserved for the rental cost on the rental agreement. After charges can also be made directly to the card in connection with express check-out or return outside office/inspection hours as described in section 2. If the renter has not signed for the sum by his/hers signature on the rental agreement, a notification must be sent renter / card holder prior to the card being charged. Other claims, like damages to the car, is charged in the usual manner.
If renter lives outside Norway, all charges can be done without prior notification.
8 Costs incurred during rental period.
The Renter agrees to pay:
- Rental fees, fees for the further limitation of liability (excess) and additional requirements applied to the rental contract. Rental agreements exceeding 3 months duration may be subject to quarterly CPI (Consumer Price Index) adjustment of agreed rental fee.
- TSVB’s kilometer charges at the rates that are applied to front page of rental agreement. If the odometer on the car does not work, calculated kilometer fee according to distance in roadmap for short-term agreements, and by judgment on long-term.
- Consumed fuel cf. Section 2 and 3.
- Any costs of return transport of car to hire station in accordance with the rental agreement. If the car is left without TSVB's written consent at a place other than rental station, Renter will be charged a fee for time and expenses in connection with the return of the car
- All fees and/or fines unpaid or paid too late and any other expenses incurred due to renter's circumstances prior to the return of the vehicle in accordance with these terms section 1, will be charged renter and added an administration fee per case.
- Excess in the event of damage or theft. Or responsibility for damage or theft that is wholly or partly not covered by the excess.
- TSVB's costs of enforcement of renter's obligations, including the fees legislation at any time allows for recovery of such amounts.
- Late payment penalty interest incurred under Lov Om Renter Ved Forsinket Betaling (The Act Relating To Interest On Delayed Payment) from due date until payment is made.
- All public charges incurred during the rental period, including fee for studded tyres.
9 Renter’s ending of rental agreement prior to rental periods end. Technical problems.
Technical problems that may arise or come to renter’s knowledge during the rental period which can be corrected within a time that is reasonable In relation to renter’s needs and the length of the rental period, does not give renter right to end the rental agreement. Should renter still decide to cancel the rental agreement, he / she will be liable for rent during the rental period, but less the time that would have elapsed for repairs. Renter is responsible for expenses TSVB incurs in connection with getting the car brought back to TSVB. If repairs cannot be provided within reasonable time, TSVB will determine whether or not to deliver a different car, or if the rental agreement shall be cancelled from the time TSVB was notified by renter about the problem(s). TSVB will then arrange return of car at own expense, and is not liable for any loss or liability incurred to renter.
10 TSVB’s responsibility for forgotten objects etc.
TSVB assumes no responsibility for renter’s or others damage or loss of property for items left, stored or transported in the vehicle during the rental period, or after its return to TSVB. Renter releases TSVB for all claims due to such losses or damages. TSVB disclaims any liability to renter in respect of loss of time, money or anyting that may arise from, or be associated with the rent, beyond responsibilities described in section 3.
11 Changes. Requirements for writing
Additions to, and modifications of, the terms in this agreement shall be in writing.
12 Law.
This contract is subject to Norwegian law.
13 Jurisdiction
Renter agrees that that TSVB’s place of business is where the contract was made, and as such contractual jurisdiction under Tvistemålslovens (Civil Procedure Act) § 25 is in TSVB’s area.
14 Language.
Rental terms in Norwegian are valid ahead of English translation.
