Beijing Car Rental Contract
Contract number:
Beijing Car Rental Contract
Lessor:
Lessee:
Beijing Municipal Administration for Industry and Commerce, Beijing Municipal Transportation Administration, formulated in December
Explanation of terms
1. Lessor: An enterprise that holds a business license and a car rental business license and provides car rental services to the lessee.
2. Lessee: A natural person, legal person and other organization that enters into a car lease contract with the lessor and obtains the right to use the leased vehicle.
3. Guarantor: When the lessee is unable to perform the obligations stipulated in the car lease agreement, the third party is responsible for the corresponding responsibility.
4. Lease vehicles: Vehicles provided to the lessee by the lessor, including ancillary facilities, components and licenses, in accordance with the contract of the car lease.
5. Rent: The fee paid by the lessee to the lessor for the right to use the leased vehicle and related services. The rent does not include the fuel costs, tolls, parking fees, and fines imposed by the lessee using the rental vehicle.
6. Valid documents: It can prove that the rental vehicles comply with the laws and regulations and the relevant documents on the road, such as driving license, road transport license, road maintenance fee payment certificate, vehicle and vessel tax, annual inspection and so on.
7. Equipment: Refers to the facilities that ensure the safety of the vehicle and the standard configuration according to the factory configuration when purchasing the vehicle.
8. Overtime fee: Exceeding the contractual lease term and less than one charge cycle, the overdue portion of the rent is calculated by the contractual standard.
9. Over-travel fee: The part of the mileage that exceeds the contractual agreement is charged in yuan/km.
10. Margin: A guarantee in the form of funds provided by the lessee to ensure that the lessee performs its contractual obligations.
11. First-class car standard: See “Technical Classification and Evaluation Requirements for Operating Vehicles” for details.
Beijing Car Rental Contract Terms
These terms are formulated in accordance with the relevant laws, regulations and rules of the Contract Law of the People's Republic of China and the Measures for the Administration of Beijing Car Rental.
First right of the lessor
1. Have ownership of the rental vehicle.
2. Calculate rent and agreed fees to the lessee in accordance with the contract.
Article 2 Obligations of the lessor
1. Deliver to the tenant a first-class standard, fully equipped rental vehicle, and valid documents required to rent the vehicle.
2. Provide vehicle status information truthfully when handing over the rental vehicle.
3. Provide free maintenance of the rental vehicle and the faulty repair service that the lessee has to use the rental vehicle in accordance with the operating procedures.
4. Provide 24-hour rescue service for faults and accidents in the administrative area of this Municipality.
5. To bear no less than 80% of the loss of the present value of the rental vehicle caused by traffic accidents or theft.
6. A third party liability insurance within the scope of the relevant provisions of the insurance company.
7. Obligation to keep confidential the tenant information obtained.
Article 3 Rights of the Lessee
1. Ownership of the leased vehicle as agreed in the contract.
2. Have the right to know the technical status and performance information of the vehicles required to ensure safe driving.
3. The right to obtain the corresponding services provided by the lessor to protect the use of the rental vehicle.
Article 4 Obligations of the Lessee
1. Truly provide the lessor with proof of identity such as driver's license, ID card, account book, business license, etc.
2. Pay rent and other fees as agreed in the contract.
3. Use the leased vehicle in accordance with the vehicle performance, operating procedures and relevant laws and regulations.
4. Keep the rental vehicle in a safe place and maintain the original condition of the vehicle. The vehicle may not be repaired without the permission of the lessor, and may not be modified, replaced or added.
5. Assist the lessor in performing vehicle inspection and maintenance on the leased vehicle within the prescribed time limit.
6. To bear no more than 20% of the loss of the present value of the rental vehicle caused by traffic accidents or theft; to bear other responsibilities caused by traffic accidents.
7. Protect the ownership of the lessor’s vehicle from infringement. It is not allowed to resell, mortgage, pledge, pawn, lend or sublease a rental vehicle.
8. When a rental vehicle has a traffic accident or was stolen, it shall immediately report it to the public security, traffic control and other departments and notify the lessor within 12 hours, and assist the lessor to handle the relevant procedures.
9. Ensure that the rental vehicle is driven by the pilot registered in the contract. During the lease term, if the information registered by the lessee changes, the lessor should be notified in a timely manner.
10. Upon expiration of the lease, the rental vehicle and valid documents shall be returned on time.
Article 5 Rent, Margin
1. The rent unit is yuan/year, yuan/quarter, yuan/month, yuan/day, yuan/hour. The rent standard is agreed by both parties.
2. If the lessee provides the guarantee with the deposit, the deposit shall not be used to cover the rent. After the contract is completed, the deposit shall be returned to the lessee. The parties may also agree to other forms of guarantee by agreement.
Article 6 Accidental risk
1. The liability of the accidental risk agreed upon by both parties may be insured by the insurer or otherwise borne by the insurance company. If the accidental risk of the agreed share is not insured, the calculation and payment of the risk loss shall be made with reference to the motor vehicle insurance clause and the compensation program.
2. Major changes in government policies, force majeure and other losses that cannot be attributed to the parties and the parties to the lease shall be settled through negotiation in accordance with relevant laws and fair principles.
Article 7 Liability of the lessor for breach of contract
When the lessor fails to perform the obligation to provide the lessee with the contract, such as the vehicle, service, etc., it shall bear the following liability for breach of contract:
1. If the professional testing institution approved by the road transport management department determines that the leased vehicle does not meet the first-class standard, the lessee has the right to terminate the contract and require the lessor to bear the liability for breach of contract.
2. If the fault repair or rescue cannot be provided according to the agreement, the lessee has the right to cancel the contract, and the lessor shall refund the rent during the suspension period of the leased vehicle and pay the penalty of 20% of the rent during the stop period.
3. After the repair and rescue, the rental vehicle is still unable to resume the use function, and the lessor should provide a comparable grade to replace the vehicle or take other measures.
4. If the vehicle is damaged due to the reason of the lessee, the lessor shall charge the repair fee in strict accordance with the standards of the vehicle maintenance regulations.
Article 8 Lessee's liability for breach of contract
If the lessee fails to pay the fees, use the leased vehicle, keep the leased vehicle, and return the leased vehicle as agreed in the contract, it shall bear the following liability for breach of contract:
1. If the rent is overdue, the late payment fee shall be paid at 0.5% of the total rent payable on each day. In case of overdue return of the leased vehicle, in addition to continuing to collect the rent, a penalty of over 20% of the rent payable shall be paid.
2. If the leased vehicle is rescinded in advance, the leaser shall pay the liquidated damages to 20% of the total rent of the part of the lease. If the rent has been paid, the lessor shall refund the balance to the lessee after deducting the liquidated damages.
3. If the lessee has the following acts, the lessor has the right to terminate the contract and recover the leased vehicle:
Provide false information.
Arrears of rent or other expenses.
Resale, mortgage, pledge, lending, pawn, subletting of rental vehicles or evidence of the above risks.
There is indeed evidence that the lessee uses the leased vehicle to engage in criminal activities.
4. Loss of repair or outage of the leased vehicle caused by failure to use the vehicle's performance or operating procedures; and the loss of the insured company's refusal to compensate.
5. Unauthorized modification, replacement, addition of other things, etc. to change the loss caused by the original state of the rental vehicle.
6. Failure to assist the lessor to participate in vehicle inspection or maintenance on time.
7. The responsibility of the non-renter to cause the vehicle to be seized by a third party.
8. Violation of traffic safety regulations shall be punished within 5 days of being notified. If the refusal is accepted, the driver registered in the contract will be submitted to the public security traffic management department as the person responsible for the violation.
Article 9 Guarantee Terms
In the manner in which the guarantor provides the guarantee, the guarantor shall be jointly and severally liable for the performance of the contractor’s performance of this contract.
Article 10 Special Agreement
Both the contractor and the renter may add or refine the contents of this contract in writing as a supplementary clause, but may not violate relevant laws and regulations and may not violate the principle of fairness. The supplemental clause contains unreasonable mitigation or waiver of the liability content stipulated in the terms of this contract that shall be borne by the lessor, and this contract shall prevail.
1. If the lessee requests an extension of the lease term, it must file an application for renewal of the lease before the contract expires, and the lessor has the right to decide whether to renew the lease.
2. The disputes arising under this contract shall be negotiated or applied to the Beijing automobile rental industry organization, consumer associations and other departments for mediation; if the negotiation or mediation fails, the lawsuit may be brought to the competent people's court. The arbitration institutions selected by both parties are invited to arbitration.
Lessor: Lessee:
Residence: Residence:
Phone: Phone:
Attorney: Attorney:
License number:
guarantor:
residence:
phone:
Attorney:
Signing time:
place of signing:
Beijing Car Rental Contract Registration Form
Contract number:
┌──────────────┬─────────────┬──────────────┬────── ────┐
│ Lessee │ │ Phone │ │
├──────────────┴─────────────┼──────────────┴────── ────┤
│Address/Address│ │
├─┬─┬─┬─┬─┬─┬─┬─┬─┬─┬─┬┴─┬─┬─┬─┬─┬──┬──┬─┬ ─┬──┤
│证│ │Document │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │
│ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │
│Name│ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │
│ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │
├─┴─┴─┴─┴─┴┬─┴─┴─┴─┴─┴─┬┴─┴─┴─┴─┴─┴┬─┴─┴─┴ ─┴──┤
│Manager │ │Phone│ │
├──────────────┴────────────┼──────────────┴──────── ────┤
│Address/Address│ │
├──────────────┬────────────┼──────────────┬──────── ────┤
│Guarant │ │Phone│ │
├──────────────┴────────────┼──────────────┴──────── ────┤
│Address/Address│ │
├──────────────┬────────────┼──────────────┬──────── ────┤
│Driver │ Driver's License No. │ File Number │ Phone │
├──────────────┴────────────┴──────────────┴──────── ────┤
│ │
├──────────────────────────────────────────────────────────── ────┤
│ │
├──────────────────────────────────────────────────────────── ────┤
│ │
├────────┬───────┬─────────┬────────────────────────── ────┤
│ License Plate Number │ Model │ Color │ Fuel Label │ Rent Standard │ Guarantee │
├────────┴───────┴─────────┴────────────────────────── ────┤
│ │
├──────────────────────────────────────────────────────────── ────┤
│ │
├──────────────┬────────────┬──────────────┬──────── ────┤
│Starting time │Return time │Lease period │Limited mileage │
├──────────────┼────────────┼──────────────┼──────── ────┤
│ │ │ │ │
├────────────┬─┴───────┬────┴───────┬──────┴──┬──── ────┤
│Overtravel fee│Overtime fee│Prepaid rent│Payment method│Next payment date│
├────────────┼─────────┼────────────┼──────────┼──── ────┤
│ │ │ │ │ │ │
├──────┬─────┴─────────┴────────────┴──────────┴──── ────┤
│Contract Change │ │
│录│ │
├──────┼───────────────────────────────────────── ────┤
│Special agreement│ │
├──────┴───────────────────────────────────────── ────┤
│Please read the terms of the contract carefully before signing the contract; this contract will take effect from the date of signing │
├────────────────┬──────────────────────────────────── ────┤
│Leasing party: │ Lessee: │Guarantee: │
│Manager: │Manager: │Manager: │
│ Signing Date: │ Signing Date: │ Signing Date: │
│ Year Month Day │ Year Month Day │ Year Month Day │
└────────────────┴──────────────────────────────────── ────┘
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