Terms of use
These General Terms and Conditions (hereinafter the TERMS) form an integral part of the Vehicle Rental Agreement (hereinafter the AGREEMENT) entered into by the lessor, OPTIMA RENT d.o.o. for services, with its registered office in Velika Gorica (City of Velika Gorica), Ulica kneza Ljudevita Posavskog 19, registered in the court register of the Commercial Court in Zagreb under company registration number (MBS): 080992843, OIB: 11390268066 (hereinafter OPTIMA RENT), and the person who receives a vehicle for hire from OPTIMA RENT - under the AGREEMENT, these are the Lessee, Driver, and Additional Driver (hereinafter collectively referred to as the USER). By signing the Agreement, the USER confirms the validity of these TERMS and all of their provisions, the language used, and expressly declares that they are fully familiar with the content of the AGREEMENT and the TERMS they have read, that they understand them, agree with them, and accept them. By purchasing and paying the surcharge for SCDW and WUG, the USER declares that they are familiar with the relevant provisions and fully accept them. The USER hereby waives in advance any objection that the provisions of these TERMS were not known to them at the time of signing or that the TERMS were not handed over to them.
The USER provides personal data voluntarily. The USER's personal data are collected for the purpose of entering into and performing the AGREEMENT. The User authorises the use of their personal data for the following additional purposes: further mutual communication, statistical processing, informing about news, sending offers, promotional materials and event invitations, and other business purposes by OPTIMA RENT. OPTIMA RENT undertakes not to transfer the USER's personal data abroad or disclose them to third parties, except for the purpose of performing the AGREEMENT. The USER expressly declares that OPTIMA RENT may make personal data available to other persons in cases prescribed by law (such as traffic violations and similar). OPTIMA RENT further undertakes to process all personal data of the USER obtained under the AGREEMENT, ensure appropriate protection, and keep them confidential in accordance with applicable personal data protection regulations, and solely within the scope of the authority and purpose for which they were obtained or collected. The USER's rights and protection of those rights are governed by applicable personal data protection regulations of the Republic of Croatia.
Under the AGREEMENT, OPTIMA RENT, as lessor, undertakes to hand over to the USER, as lessee, for use, under the conditions set out in the AGREEMENT, a motor or electric vehicle (hereinafter the vehicle or rented vehicle), while the USER undertakes to pay the agreed rental fee. A driver who, on behalf of a corporate USER, takes over the vehicle and signs the AGREEMENT must be authorised to do so and guarantees and is liable to OPTIMA RENT, jointly and severally with that legal entity, for compliance with and fulfilment of all obligations under the AGREEMENT and these TERMS.
By signing the AGREEMENT, the USER guarantees to OPTIMA RENT that they meet the minimum age requirements for operating the vehicle in accordance with applicable insurance conditions, and that they hold the required valid documents for operating the vehicle in accordance with the laws of the Republic of Croatia, which they must present in original to OPTIMA RENT, while copies remain in OPTIMA RENT's possession as an annex to the AGREEMENT. The USER must also hold a credit card from which pre-authorisation will be carried out in accordance with the Agreement. By signing the AGREEMENT, the USER declares that they are familiar with all obligations listed below and accept them:
In the event of damage to or impairment of the vehicle due to non-compliance with any provision of the TERMS, the USER shall compensate the full damage incurred together with all associated costs and any lost income due to inability to carry out core business activity with the particular vehicle that OPTIMA RENT would suffer, and OPTIMA RENT may in such case also seek early termination of the AGREEMENT with all consequences arising from the AGREEMENT and these TERMS.
The USER may take over the vehicle after signing the AGREEMENT and these TERMS and fulfilling the conditions and formalities arising from them. The USER declares that they are fully familiar with the business terms and conditions for handing over the vehicle for rental. By signing the vehicle pick-up "check out" record, which is an annex to the AGREEMENT and records the condition of the vehicle and fuel, the USER takes possession of the vehicle and obtains the right to operate it. OPTIMA RENT delivers, and the USER receives, the vehicle:
If the vehicle is possibly damaged (scratches and similar), contains additional equipment, or has a lower fuel level, this shall be recorded in the vehicle pick-up "check out" record. When taking over the vehicle, the USER must immediately inspect the condition of the vehicle, equipment, and documentation; later objections will not be considered. By signing the vehicle pick-up "check out" record, the USER declares that they have previously carefully inspected the vehicle and checked all documents. By signing, the USER confirms that the vehicle fully meets the purpose for which they intend to use it and that they have no additional requirements in that regard towards OPTIMA RENT. All risks relating to the vehicle, equipment, and documentation, including the risk of destruction, damage, or loss, and liability towards third parties, from pick-up until return of the vehicle to OPTIMA RENT's possession are exclusively the USER's risks. OPTIMA RENT is not liable for damage suffered by the User due to delay in delivery of the vehicle, nor for damage that would be suffered by the User due to an incident or any defect on the vehicle during the rental and the resulting inability to use the vehicle.
The minimum rental period is 24 hours and, as a rule, lasts or ends (expires) at the time agreed in the AGREEMENT. The USER may request extension of the agreed rental period, as well as any other changes regarding the rental from OPTIMA RENT, in person or in writing, at least 24 hours before expiry of the rental period; otherwise, OPTIMA RENT is authorised to report the vehicle as missing from rental. If the USER extends use of the vehicle without written approval from OPTIMA RENT or fails to return the vehicle as agreed, they undertake to pay OPTIMA RENT double the daily rental price according to the applicable Price List, increased by daily add-ons, incurred costs, and all other rental obligations for the voluntarily extended period. The USER shall be deemed late or to have voluntarily extended the vehicle return time if the vehicle is returned more than 59 minutes after the expiry of the rental period. In that case, the rental ends upon return of the vehicle or upon OPTIMA RENT taking possession of the vehicle (repossession without the USER's will and/or presence). In the event of an incident or vehicle breakdown, the rental ends on the day when the USER notified OPTIMA RENT in person or in writing and acted in accordance with the provisions of these TERMS in that regard (Section IX). If the USER is late by 60 minutes or more beyond the agreed vehicle return time, they shall be deemed late by one full day and an additional daily rental, daily add-ons, incurred costs, and all other obligations for the additional rental day shall be charged.
The USER undertakes to return the vehicle with all accompanying accessories, equipment, and documents after termination of the rental to the place and within the deadline specified in the AGREEMENT, or earlier upon request by OPTIMA RENT. The USER undertakes to return the vehicle in the condition in which it was received, based on normal use of the vehicle, properly maintained, cleaned (inside and outside), with a full fuel tank, free of items in their ownership or in the ownership of third parties (property), and fully ready for customary use. Upon return of the vehicle, a vehicle return "check in" record is prepared recording the condition of the vehicle. If the vehicle is returned outside business hours without the presence of OPTIMA RENT staff, the USER is responsible for the vehicle until the vehicle is taken over by OPTIMA RENT staff and the vehicle rental AGREEMENT is closed, and expressly accepts the vehicle return "check in" record that OPTIMA RENT will prepare without their presence, where any newly recorded damage will be charged from the authorised amount on the USER's credit card in accordance with the agreed insurance for collection. If the USER fails to return the vehicle in accordance with the provisions of the AGREEMENT, the USER agrees in advance and without protest that OPTIMA RENT has the right (where possible) to take possession of the vehicle (repossession) without the USER's will and/or presence, and acknowledges the vehicle condition "check in" record prepared by OPTIMA RENT at that moment. In that case, the USER expressly and unconditionally waives in advance any claims due to disturbance of possession or other self-help rights and waives the right to object to the vehicle return "check in" record. If the USER changes the vehicle return location without written approval from OPTIMA RENT, they undertake to pay OPTIMA RENT the Fee prescribed by the applicable Price List for the voluntarily changed return location.
If, upon taking over the vehicle (cleanliness, fuel level, mileage, obvious damage, and similar) or on the basis of a detailed inspection of the vehicle carried out within 15 (fifteen) days after return or repossession of the vehicle, OPTIMA RENT assesses that the condition of the vehicle recorded in the vehicle return "check in" record is not appropriate or that the condition of the vehicle deviates from the condition recorded in the vehicle pick-up "check out" record, or that the USER used the vehicle contrary to the provisions of this AGREEMENT, OPTIMA RENT has the right to undertake all necessary repairs and other actions at the USER's expense in order to restore the vehicle to its original condition. If, due to the USER's negligence, damage occurs to the engine or drive mechanism of the rented vehicle, including due to lack of engine oil, gearbox or differential oil, coolant, incorrectly filled fuel, as well as damage to the sump, clutch, or any damage to the underbody of the vehicle, damage to or theft of tyres, rims and wheel covers, or other characteristic faults caused by the USER's negligence and carelessness, the USER shall compensate OPTIMA RENT cumulatively for:
The cost under items 2 and 3 shall be paid by the USER for each day the vehicle is unavailable due to repair, but for a maximum of 30 days. Vital parts of the vehicle are marked with factory serial numbers. If OPTIMA RENT establishes that any part is missing or has been replaced, it has the right to charge the USER compensation for all damage reimbursable in the amount under the preceding paragraph. If the USER fails to return all equipment and/or received documents, they must compensate OPTIMA RENT for all costs of their new procurement. Missing equipment is charged at the supplier's cost increased by the handling cost of procurement, while the cost of reporting and reissuing lost accompanying documentation for the rented vehicle is charged in accordance with the applicable OPTIMA RENT Price List. The USER is also liable for any other damage to the vehicle arising from non-compliance with the provisions of this AGREEMENT. In the event of disagreement regarding the condition of the vehicle after return or repossession, the condition of the vehicle shall be determined by an authorised service provider or appraiser at the USER's expense.
In the event of an incident, traffic accident, damage, destruction, seizure, or theft of the vehicle, as well as in the event of natural disasters and fire, or if the vehicle is involved in any accident (in these TERMS collectively referred to as an incident), which could lead to a dispute between OPTIMA RENT and the USER or between OPTIMA RENT and third parties, the USER must:
All costs of an incident for which no police report was made and no statement was given by the USER, or if the vehicle was not treated with the care of a good host/householder, shall be borne entirely by the USER, regardless of whether the USER accepted and paid the add-on for reduction of liability for the damage incurred, and regardless of fault on the part of the USER for the incident. If, due to the USER's negligence, the vehicle is stolen during the rental, the USER shall compensate OPTIMA RENT for the value of the rented vehicle reduced by depreciation. The USER shall additionally compensate OPTIMA RENT, besides the value of the rented vehicle reduced by depreciation, which is the subject of the rental, for lost income that OPTIMA RENT suffers due to lack of the vehicle. The same applies if the USER, for any reason, cannot return or does not return the rented vehicle 48 hours after the end of the rental. In the event of a breakdown or drive malfunction of the rented vehicle, the USER is obliged to:
In the event of an incident or breakdown, the USER is entitled to free transport from the place of the accident or replacement of the vehicle only if those costs are covered by insurance. If the USER does not act in accordance with these provisions, they must pay upon request by OPTIMA RENT the full cost of repair of the rented vehicle arising from the damaging event occurring during the term of the AGREEMENT, as well as other losses suffered by OPTIMA RENT due to that damage, including lost daily rental income due to unavailability of the vehicle for repair, for a maximum of 30 days. The USER shall pay only the deductible (excess) specified in the applicable Price List in the event of any damage to and/or loss of any mechanical part of the rented vehicle if the amount of damage and/or loss is less than the applicable deductible (excess) amount.
The vehicle is insured in accordance with applicable regulations of the Republic of Croatia and insurance rules, and in relation to the USER to the extent agreed in the AGREEMENT (with or without deductible, regardless of actual insurance). The vehicle is insured in relation to the USER only for the duration of the rental. After expiry of the rental, except in the case of extension of the rental, the vehicle is deemed uninsured and the USER is fully liable for traffic accidents or other damage, theft, or destruction of the vehicle and its parts, and must pay all damage, regardless of the actual insurance of the vehicle. Participation in damage (deductible/excess) may be purchased by paying add-ons for deductible buy-down according to the applicable Price List (SCDW+). CDW and TP do not cover damage and losses occurring in high-risk territories and/or war zones, nor in the event that the rented vehicle was used outside the borders of the Republic of Croatia without written consent from OPTIMA RENT. CDW and TP do not cover the Damage Handling Fee in the amount of HRK 616.00 + VAT. By paying the daily add-on for passenger insurance (PAI), the driver and passengers are insured for death and disability up to the amounts prescribed by the insurance company with which all OPTIMA RENT vehicles are insured. Acceptance of CDW, TP, SCDW+, and/or WUG does not reduce the USER's material liability for damage if they did not comply with these TERMS, namely the provisions of Sections IV, VIII, and IX of these TERMS. Liability of the USER for damage caused to the rented vehicle and to the property of other legal and natural persons, as well as to those persons, which was caused intentionally, under the influence of alcohol or drugs, by driving without a valid driving licence or during a driving ban (suspended driving licence), as well as in cases where a greater number of persons were in the vehicle than the number of registered seats and in other circumstances provided for in the insurance rules handed over to the USER for inspection, is not covered. The following risks are not covered: destruction / damage to a car tyre, rim or wheel cover, and destruction / damage to the underbody of the vehicle; these may be purchased by paying the WUG add-on according to the applicable Price List. Damage occurring in high-risk areas or war zones is not covered, nor in the event that the rented vehicle was used outside the borders of the Republic of Croatia, in transit, ferry transport, and on islands, without written consent from OPTIMA RENT. By signing the AGREEMENT, the USER assumes full responsibility and authorises OPTIMA RENT to charge the credit card holder (or by any other method of payment) for all repair, breakdown, or loss costs up to the amount of the deductible or the full amount of damage if they did not comply with these TERMS, including those discovered after the vehicle was returned and the USER did not notify OPTIMA RENT in accordance with the vehicle return and inspection procedure.
The USER undertakes to pay OPTIMA RENT, upon its request, immediately and at the latest within 8 (eight) days, the amount for the daily rental at the agreed tariff, add-ons (relating to reduction of liability for damage incurred, deductible, additional equipment and services), incurred costs charged according to the applicable Price List, and other costs (damage, fees, etc.) borne by the USER in accordance with these TERMS. In the event of delay, the USER is obliged to pay OPTIMA RENT statutory default interest, as well as all actually incurred additional costs (reminders, lawyer's fees, court costs, etc.). If the USER settles costs by direct payment to OPTIMA RENT's account, they must do so within the payment deadline stated on the invoice. If the USER settles their obligations by credit card, the USER authorises OPTIMA RENT under the AGREEMENT to charge rental costs directly to the card issuer on the basis of the credit card slip. By signing these TERMS, the USER agrees that OPTIMA RENT may charge all repair, breakdown, or loss costs discovered after the vehicle was returned, and the USER did not notify OPTIMA RENT in accordance with the vehicle return and inspection procedure, to their credit card or by any other method of payment. By signing this AGREEMENT, the USER is aware that OPTIMA RENT is not responsible for the duration of authorisation on the USER's credit card and that release of authorised funds depends solely on the rules of the bank of the credit card holder.
OPTIMA RENT shall reimburse the USER for necessary costs of oil, lubricants, regular servicing, and minor repairs incurred during the rental, except costs of washing the rented vehicle, on presentation of an invoice after payment has been made. The invoice must be issued to OPTIMA RENT and will be recognised by OPTIMA RENT if paid in cash to a legal entity. If it is established that the USER unjustifiably replaced any assembly, part, or device on the vehicle, OPTIMA RENT will not pay the USER the value of that part, assembly, or device. To obtain reimbursement of the stated costs, the USER must obtain approval from an authorised person of OPTIMA RENT; otherwise reimbursement will not be possible. In the event of a vehicle breakdown within the Republic of Croatia and/or abroad, the USER is obliged to contact the branch for repair or replacement of the vehicle. In cases where the USER receives OPTIMA RENT's approval for repair of the vehicle and/or removal of damage to the vehicle, the USER will be reimbursed for the cost of repair in accordance with the agreed insurance upon presentation of the original invoice of an authorised service provider and the part of the vehicle replaced due to breakdown. When crossing the state border, the USER is obliged to present the invoice to the customs officer for certification. OPTIMA RENT is not liable for damage to or loss of the USER's property in or on the rented vehicle.
Fuel is not included in the rental price. The USER bears the costs of fuel consumed during the rental and is responsible for refuelling. If the USER returns the vehicle with less fuel, OPTIMA RENT reserves the right to charge the fuel service and the price of fuel in accordance with the applicable OPTIMA RENT Price List. Mileage at the time of rental is determined according to the factory-installed and sealed odometer. Interference with the odometer and/or instrument panel is not permitted for the USER. In the event of odometer failure, the USER must immediately notify the nearest OPTIMA RENT branch and act in accordance with instructions; otherwise, they must pay the tariff for daily rental of the vehicle without mileage limitation according to the applicable OPTIMA RENT Price List. The USER is responsible for and assumes all obligations arising from non-compliance with traffic regulations, improper parking, or other breaches of regulations during the vehicle rental and for all related damage. The USER undertakes to pay all fines without intervention by OPTIMA RENT, or immediately upon its request if that is not possible. If the USER settles their obligations by credit card, the USER expressly authorises OPTIMA RENT, without prior notice, to charge the credit or debit card stated on the front page of the AGREEMENT for collection of all traffic violations and parking and other fines arising from breaches of the laws of the Republic of Croatia, or laws of the country in which the vehicle is driven, committed during the rental period, regardless of when they were established or became due, increased by any handling costs.
OPTIMA RENT is not liable for property of the USER and/or property of third parties that may be left in the vehicle or in OPTIMA RENT's premises. By signing the Agreement, the USER expressly waives any claims arising from the mentioned losses and related damage. The USER is fully responsible for any loss of OPTIMA RENT property entrusted to them under the AGREEMENT, such as vehicle keys, documents, etc. In the event of loss during the rental, all costs of producing duplicates are exclusively the USER's costs, including delivery costs, all in accordance with the applicable OPTIMA RENT Price List.
Only amendments and supplements made in written form are valid. Any breach of these TERMS constitutes a breach of the provisions of the AGREEMENT and is sufficient grounds for early termination of the AGREEMENT. Possible invalidity or voidability of individual provisions of the AGREEMENT cannot result in invalidity or cancellation of the entire AGREEMENT. The same applies to gaps that may arise in application or interpretation of the AGREEMENT. Invalid or voidable provisions, as well as gaps in the AGREEMENT, shall be replaced by provisions of applicable laws of the Republic of Croatia that are closest in meaning and purpose to that which the contracting parties intended when concluding the AGREEMENT, and primarily provisions of the Obligations Act. In the event of inconsistency between the provisions of these TERMS and the provisions of the AGREEMENT, the TERMS shall prevail. In the event of a dispute, the parties agree on the jurisdiction of the court at OPTIMA RENT's registered office.