Tõsta OÜ damage protection conditions

1. These terms and conditions of the Lessor’s damage protection apply to each rental of the Property from the Lessor with damage protection in Estonia and are an integral part of the Agreement, except to the extent that the Parties have deviated from the general terms of damage protection in other documents concerning the Lessor’s damage protection by special agreements.

2. The lessor’s damage protection is mandatory for the lessee when renting property with a registration mark. When renting other Assets (machines, vehicles or equipment that does not have a registration mark), the Lessor’s damage protection is optional for the Lessee. The property specified in the Act is covered by the lessor’s damage protection.

3. The Lessor’s damage protection is provided by the Lessor. If the Tenant has fulfilled all the conditions for damage protection, including paying the full amount of the premium for damage protection to the Lessor on time, the Lessor will reduce the Tenant’s financial responsibility towards the Lessor in relation to the preservation of the Property in the Tenant’s possession or damage related to the Property in the case and in the amount specified in the damage protection conditions.

4. The Lessor’s damage protection covers only direct damage to the Property. The Lessor’s damage protection does not include indirect damages or costs, including, for example, non-property damage, lost income, pure economic loss, financial loss, exchange of Property, transportation, cleaning, etc., or damage caused to third parties.

5. The Tenant shall pay an additional fee to the Landlord for damage protection. The cost of the damage protection premium is 5% of the property’s daily rental price without VAT (not including any possible discounts) published on the Landlord’s website (tosta.ee), plus VAT, on each calendar day. The landlord’s damage protection premium is calculated during the entire rental period, seven days a week from the time the Property is issued (inclusive) until the Property is returned (inclusive).

6. If all conditions of damage protection are met, the maximum financial liability of the Tenant towards the Lessor for the damage caused to the Property is 10%, but not less than 600 euros (Tenant’s deductible). If the amount of damage is less than the Tenant’s deductible, the Tenant shall compensate the Lessor in full for the incurred damage. The amount of damage and the form of bearing it (e.g. write-off or repair costs) is decided by the Landlord.

7. The Lessor’s deductible part of the damage protection is settled with the Tenant immediately upon returning the Property or immediately after the Lessor’s assessment of the damage. The Lessor handles the repair and/or restoration of the damaged Property.

8. The lessor’s damage protection applies if:
8.1. The property has been damaged or destroyed in Estonia due to a sudden and unexpected incident and the damage is covered by damage protection;
8.2. The tenant has paid the damage protection premium on time;
8.3. The tenant has complied with all the terms of the Agreement and damage protection;
8.4. When using the property, all relevant requirements and instructions have been followed, including operating, safety and installation instructions.

9. The property may be used only for the purpose and territory for which it is intended. When using the property, the Tenant is obliged to comply with the laws in force in Estonia, the property’s lease agreement and damage protection conditions, security and safety requirements, including fire safety requirements, and the property’s maintenance and use instructions (including manufacturer’s, importer’s or seller’s instructions).

10. The tenant undertakes to do everything in his power to prevent damage and reduce possible damage, not to increase the risk of damage and not to allow the persons for whom he is responsible to increase it.

11. The tenant is obliged to ensure the security of the property and protection against theft. When leaving the property, measures must be taken to ensure the preservation of the property (lock the cabin, close windows and hatches, take documents and keys with you, activate anti-theft devices if available, etc.). Items enabling the seizure of the Property (keys, remote controls, codes, documents, etc.) must be kept in such a way that it is not possible for third parties to take the items enabling the seizure of possession of the Property or the Property without using force or threats.

12. During non-working hours, the Property must be switched off and stored in a fenced and guarded area or in a locked building/room. The property must be under constant physical or electronic surveillance. Anti-theft devices (if present) must be activated.

13. The building/premises must provide protection against property theft. Outsiders must not have access to the building/room, the building/room must be locked, all its doors, windows and other openings closed and locked in such a way that it would not be possible to enter the building/room without breaking or removing the barrier or lock preventing access to the location of the Property. If there is a guard/security alarm, it must be operational and switched on. Keys, remote controls and access codes must be used in such a way that they do not fall into the possession of a third party. If the key, remote control or code is lost or comes into the illegal possession of a third party, the lock or code of the building/room must be replaced immediately.

14. If a working GPS device is installed on the rented Property, it must be switched on, in which case it is not necessary to store the Property outside of working hours in a fenced and guarded area or in a locked building/room.

15. The lessor’s damage protection does not apply if:
15.1. the damage has occurred due to the intent or gross negligence of the Tenant, a person equal to him or under his responsibility;
15.2. the damage is caused by the activities of the Tenant, a person equal to him or under his responsibility, in an alcoholic, narcotic, toxic or other state of intoxication;
15.3. the incident has not been reported to the Lessor in time;
15.4. The Tenant has provided incorrect information to the Lessor;
15.5. it is not possible to determine the amount of damage or the occurrence of the incident;
15.6. The tenant has not paid the damage protection premium to the Landlord on time;
15.7. The tenant has not fulfilled the obligations or requirements arising from the law, the property lease agreement or the terms of damage protection;
15.8. the damage is caused by disregarding the use, installation or other instructions and requirements;
15.9. The Tenant has signed an insurance contract, which covers the damage caused in connection with the Property rented from the Lessor.

16. The landlord’s damage protection does not include:
16.1. damage caused only to regularly replaced parts, consumables or parts;
16.2. loss due to the destruction or damage of the Property due to its internal breakage or other internal failure of the item. If external damage occurs to the Asset due to the mentioned reason, the damage protection includes damage caused by external damage;
16.3. damage, the root cause of which is a long-term process (e.g. wear, material fatigue, corrosion, normal long-term effects of weather conditions), including long-term damage caused by the normal use or non-use of the Property;
16.4. damage that consists only of deterioration of the appearance of the Property or minor damage that does not prevent its intended use (e.g. dirt, stains, dents, dents, nicks, scratches, wear, changes in color, tears, microcracks);
16.5. damage that has occurred as a result of the loss or disappearance of the Property or its details (except robbery or theft);
16.6. damage caused by assembling, installing, setting up, rebuilding, testing or testing the Asset;
16.7. damage that occurred during or due to routine maintenance or repair activities;
16.8. damage caused by overloading, non-intended use of the Property or its use in a wetland, flooded road or land area;
16.9. damage that has occurred to machines and devices working underground, transported on an aircraft or floating device (e.g. ship, raft, pontoon) or working there;
16.10. damage caused by demolition or blasting;
16.11. Cleaning or damage to the Property caused by plastering, painting, or sandblasting or other work that results in significant soiling of the Property;
16.12. damage caused by the use of the Property in an environment that significantly reduces the life of the Property (e.g. fertilizer or salt warehouses);
16.13. damage caused by insufficient use of low-quality lubricant, fuel or coolant or corresponding high-quality substances;
16.14. damage caused by force majeure, including war, war-like situation, terrorism, civil unrest, strike, uprising, epidemic, natural disaster (e.g. landslide, subsidence, floods, storms) and environmental pollution and other similar cases and events;
16.15. damage caused by nuclear energy, chemical;
16.16 damage resulting from a public law sanction or arising from confiscation or other action by public authority;
16.17 lost revenue;
16.18 damage caused to third parties;
16.19 cost of maintenance work;
16.20 transportation cost;
16.21 damage that is subject to compensation under mandatory liability insurance (e.g. motor vehicle insurance) or for which a third party (e.g. seller, manufacturer, importer, maintainer or installer) is liable under a contract (e.g. maintenance contract, warranty);
16.22 damage to property caused by fraud or embezzlement;
16.23 damage to the tires caused by the lessee.

17. In case of property damage, loss (robbing or theft) or destruction, the Tenant is obliged to immediately record the situation (including e.g. videos, photos, drawings, explanations, certificates) and preserve the (remaining) Property.

18. The Tenant is obliged to notify the Lessor immediately (at the latest within three days from the discovery of the damage or becoming aware of it) of property damage, loss (robbing or theft) or destruction, at least in a form that allows reproduction in writing. In addition to the notification, as soon as possible (within three days at the latest) the materials concerning the fixing of the case must also be forwarded to the Landlord.

19. The Lessor’s damage protection conditions are published on the Lessor’s website (tosta.ee). The Lessor has the right to unilaterally change the terms of the Lessor’s damage protection at any time. The amended damage protection conditions apply from their publication on the Landlord’s website (tosta.ee). When renting the Property from the Lessor, the Lessor’s damage protection conditions apply, which apply to the Tenant’s each order at the time of acceptance by the Lessor.

20. The lessor’s damage protection applies in the territory of the Republic of Estonia.