We continue the series of articles dedicated to various types contracts In this material, 1C:ITS specialists will talk about the lease agreement vehicle with the crew. This species the agreement will be devoted to three articles, which will discuss the nuances of the conclusion and execution of this agreement, as well as legal and tax aspects. The first article analyzes in detail the terms of the rental agreement for a vehicle with a crew, which have the same important for each of the parties to the contract. The next two articles will talk about the tax consequences that arise for the tenant and the landlord when concluding and executing this agreement.
A lease (property lease) agreement regulates the legal relationship between the tenant and the lessor during the transfer of property and protects them in the event of failure to fulfill the obligations of one of the parties. Therefore, it is very important to correctly establish all the necessary conditions in the contract.
Vehicle rental agreement with crew: in what form should it be concluded?
Under a lease agreement for a vehicle (vehicle) with a crew, the lessor provides the lessee with a vehicle for a fee for temporary possession and use, and also provides services for driving this vehicle and its maintenance. technical operation(Article 632 of the Civil Code of the Russian Federation).
The parties to the rental agreement for a vehicle with crew are the lessor and the lessee. Landlords and tenants can be any subjects of civil law - individuals, individual entrepreneurs and legal entities.
The law requires that a vehicle rental agreement be concluded with the crew only in simple written form (Article 633 of the Civil Code of the Russian Federation). It must be observed regardless of the period for which the contract is concluded and its price.
Is it necessary to register a rental agreement for a vehicle with a crew?
Some vehicles that are legally immovable property (aircraft, sea vessels, inland navigation vessels) may also be subject to a rental agreement for a vehicle with a crew.
The rules on mandatory state registration real estate lease agreements (Article 633 of the Civil Code of the Russian Federation). That is, a lease agreement for a vehicle with a crew is not subject to state registration if the leased vehicle is related to real estate. There is also no need to register other rental agreements for a vehicle with a crew.
What is the subject and object of the contract?
In a rental agreement for a vehicle with a crew, a distinction should be made between the subject and the object of the agreement. The subject of this agreement contains two obligations of the lessor: the first is to provide the vehicle for temporary possession and use, the second is to provide services for driving the vehicle and its technical operation.
If one of these obligations is not included in the subject matter of the contract, it may be re-qualified. For example, if the agreement states that the lessor undertakes to provide the lessee with a vehicle for temporary possession and use, and does not stipulate the lessor’s obligation to manage it and provide services for its technical operation, then such an agreement is a lease agreement for a vehicle without a crew.
In another situation, the contract may not reflect the lessor’s obligation to provide the vehicle for temporary possession and use to the lessee. In this case, the subject of the contract only includes the provision by the lessor of services for driving the vehicle and its technical operation. Such an agreement is an agreement for the provision of services for a fee (Chapter 39 of the Civil Code of the Russian Federation).
Also, the subject of the agreement includes the tenant’s obligation to pay a fee for providing the vehicle for use.
The objects of a rental agreement for a vehicle with crew may be:
- aircraft;
- sea vessels;
- vessels used in inland waters;
- railway rolling stock;
- trucks, tractor-trailers, excavators and cranes, others technical devices on automobile traction;
- cars and etc.
The parties to the rental agreement for a vehicle with crew must individualize the rental object in as much detail as possible. For example, when renting a car, you need to indicate its make, model, color, registration plate, an identification number(VIN), engine model and number, chassis (frame) number, body (sidecar) number, series and title number. The condition of the leased object must allow one to accurately identify the specific vehicle being transferred to the lessee. If such data is absent in the contract, the condition on the object is considered inconsistent, and the contract is considered not concluded (clause 3 of Article 607 of the Civil Code of the Russian Federation).
How to specify the term of the contract?
In accordance with paragraph 1 of Article 610 of the Civil Code of the Russian Federation, the lease agreement is concluded for the period specified in the agreement. If the lease term is not specified in the agreement, then the lease agreement is considered to be concluded for an indefinite period (Clause 2 of Article 610 of the Civil Code of the Russian Federation).
At the same time, according to the explanations given in the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated January 11, 2002 No. 66 “Review of the practice of resolving disputes related to rent”, a lease agreement concluded for an indefinite period can be terminated at the request of the lessor on the grounds provided for in Article 619 of the Civil Code RF, if the tenant:
- uses a vehicle with a significant violation of the terms of the contract or its purpose or with repeated violations;
- significantly deteriorates the vehicle;
- fails to pay rent more than twice in a row upon the expiration of the payment deadline established by the contract.
In these cases, the landlord has the right to demand early termination of the contract only after sending the tenant a written warning about the need to fulfill his obligation within a reasonable time.
It cannot be stated in the contract different deadlines to provide a vehicle for temporary possession and use and to provide services for its management. This type of agreement involves the simultaneous provision of a vehicle to the lessee and the provision of management services. For example, it is impossible to provide more short term provision of services for driving a vehicle compared to the period for which it was transferred into possession and use. If such a condition is nevertheless included in the contract, if a dispute arises between the parties, the court may qualify the relations of the parties as two different contracts:
- rental agreement for a vehicle with a crew (agreement concluded for the period of provision of the vehicle and provision of services for its management);
- rental agreement for a vehicle without a crew (an agreement concluded for the duration of the provision of the vehicle, when no management services were provided).
How to set the rent?
The rent must consist of two parts: a fee for the provision of a vehicle and a fee for the provision of services for its management and technical operation.
Thus, the parties can agree to indicate in the composition rent two separate amounts:
- for providing a vehicle for rent;
- for the provision of management services.
If the contract simply states overall size rent, it is assumed that it includes both components. However, in order to avoid disputes, we recommend that you clarify in the text of the contract that payment for the lessor’s services for driving the vehicle and its technical operation is included in the rent.
It should be borne in mind that unless the parties to the agreement have established a different procedure, the lessor is obliged to pay for the work of the crew members, as well as bear the costs of their maintenance (paragraph 3, paragraph 2, article 635 of the Civil Code of the Russian Federation). In this case, these expenses can be included in the rent charged to the tenant, but they should not be indicated as a separate amount.
The rent can be set both for all leased property as a whole, and for each of its parts (Clause 2 of Article 614 of the Civil Code of the Russian Federation).
The rent is 690,000 rubles per month and includes the cost of the Lessor’s services for driving the vehicle in the amount of 90,000 rubles per month.
The rent is 690,000 rubles per month.
It should be borne in mind that for periods when the vehicle was not actually used through no fault of the lessor, the lessee is obliged to make rental payments until the vehicle is returned to the lessor.
How to determine the list of services provided by the landlord?
Based on the definition of a lease agreement for a vehicle with a crew, the lessor not only provides the vehicle for possession and use to the lessee, but also provides him with services for driving the vehicle and its technical operation. The list of such services, which will depend on the type and purpose of the vehicle, can be specified in the contract.
It is important to take into account that services for the management and technical operation of a vehicle must ensure its normal and safe operation in accordance with the rental purposes specified in the agreement (clause 1 of Article 635 of the Civil Code of the Russian Federation). For example, to transport people, a car must be equipped with special seats, and to transport radioactive waste, it must be equipped with a special container.
The lease agreement for a vehicle with crew can specify a wider range of services provided to the lessee. For example, the lessor may provide the following services:
sending periodic reports related to the operation of the vehicle;
- filming and photography;
- organization of satellite communications;
- catering;
- organization of medical and other services for passengers.
The landlord's remuneration for providing additional services to the tenant may be included in the total rent.
The contract can also stipulate that such services are provided for a fee: in this case, it is necessary to specify the cost of each service or the procedure for determining it.
An example of the wording of a contract term
The Lessor undertakes to provide the Lessee with services for the management and technical operation of the vehicle, ensuring its normal and safe operation in accordance with the rental purposes specified in paragraph ____ of this Agreement, as well as the following services: organizing round-the-clock satellite communication between the Lessee and the crew of the vehicle, daily dispatch to the Lessee email a summary containing the following information: ________ .
Payment for the listed services is included in the cost of rent, which the Tenant pays in accordance with clause __ of this Agreement.
The Lessor undertakes to provide the Lessee with services for the management and technical operation of the vehicle, ensuring its normal and safe operation in accordance with the rental purposes specified in paragraph ____ of this Agreement. The Lessor also provides the Tenant, based on his written request, with the following services:
- organization of round-the-clock satellite communication between the Lessee and the vehicle crew at a cost of 50,000 rubles per month;
- sending to the Tenant by e-mail a summary containing the following information: ________, costing 5,000 rubles per month.
Who is required to insure a vehicle?
By general rule The obligation to insure the vehicle and (or) liability for damage that may be caused by it or in connection with its operation rests with the lessor. However, by the terms of the contract, this obligation can be assigned to the tenant.
In addition, the contract may provide for the distribution of this responsibility between the parties to the contract. Thus, both the lessor and the lessee can be the insured of the vehicle. In this case, the beneficiary most often is the lessor, who owns the vehicle and whose forces operate it.
An example of the wording of a contract term
The lessor is required to insure the vehicle and liability for damage that may be caused by it or in connection with its operation.
The lessee is required to insure the vehicle and liability for damage that may be caused by it or in connection with its operation.
Who should maintain the vehicle?
The maintenance of a vehicle is usually understood as maintaining it in working condition, including the implementation of routine and overhaul, as well as providing the necessary spare parts and other accessories. According to Article 634 of the Civil Code of the Russian Federation, the obligation to maintain a vehicle is assigned to the lessor and cannot be transferred to the lessee by the terms of the agreement. In addition, the lessor is obliged to carry out regular Maintenance vehicle. This responsibility also cannot be transferred to the tenant by the terms of the contract.
Maintenance should be understood as a set of measures that are carried out to maintain the operating condition of the vehicle and its parts, proper appearance, safety, prevention, etc. (for example, regular oil changes in units, preventive inspection). Unlike current and major repairs of a vehicle, maintenance is not tied to any breakdowns and is carried out either at a certain time (for example, once every 10,000 km) or as needed.
When specifying a condition for the maintenance of a vehicle in the contract, the responsibility for its maintenance and maintenance should not be placed on the lessee. In the event of a dispute, such an agreement may be declared void by the court.
An example of the wording of a contract term
The lessor is obliged:
- maintain the proper condition of the leased vehicle, including carrying out routine and major repairs, as well as providing the necessary accessories and spare parts;
- carry out regular vehicle maintenance.
Current and major repairs of the vehicle are carried out by the Lessor within five working days from the date the Lessee discovers a malfunction, and maintenance is carried out once every 6 months or every 10,000 km (whichever comes first).
Maintenance includes:
- measuring oil pressure in the internal combustion engine and compression in the internal combustion engine cylinders;
- changing the engine oil;
- checking the condition of the brake system;
- checking the electrical equipment of the vehicle.
Who bears the cost of operating the vehicle?
Costs associated with commercial exploitation of the vehicle must be carried out by the lessee (Article 636 of the Civil Code of the Russian Federation). Under commercial operation in in this case This means using the vehicle for commercial purposes (to make a profit). As a rule, the bulk of the cost of operating a vehicle is fuel. In addition to fuel costs, the tenant must also pay for:
- other materials used in the operation of the vehicle (oils, liquids, etc.);
- customs duties, travel toll roads, entry fee into areas with paid entry, parking, etc.
The tenant must bear all of these expenses only if the terms of the contract do not provide otherwise. For example, the contract may stipulate that the costs of operating the vehicle are partially or fully borne by the lessor.
An example of the wording of a contract term
The lessee is obligated to cover all expenses associated with the commercial operation of the vehicle, with the exception of expenses for engine oil. internal combustion(hereinafter referred to as ICE). Expenses for engine oil are borne by the Lessor.
Rights and obligations related to the crew of the vehicle
The law provides for a number of rights and obligations of the lessor regarding the crew of the vehicle.
Thus, if necessary, the lessor has the right to give instructions to the crew members of the vehicle regarding its management and technical operation (Clause 2 of Article 635 of the Civil Code of the Russian Federation). Such instructions must not conflict with the lessee's instructions regarding the commercial operation of the vehicle.
The lessor is obliged to staff the crew of the vehicle being leased with appropriate specialists (Clause 2 of Article 635 of the Civil Code of the Russian Federation). If the requirements for the composition and qualifications of the crew are provided for in regulatory legal acts, the crew must meet such requirements. In addition, if increased requirements for the crew are established by the terms of the contract, such requirements must also be observed.
If mandatory requirements the composition and qualifications of the crew are not established by special rules, the lessor must ensure that the composition of the crew and its qualifications meet the requirements of normal practice in operating a vehicle of a particular type and the terms of the contract.
As a general rule, unless otherwise provided by the contract, the lessor must pay for the work of the crew members, as well as bear other expenses for their maintenance (for example, accommodation, food, etc.) (paragraph 3, paragraph 2, article 635 of the Civil Code of the Russian Federation) . It is advisable to include these expenses in the rent (increase it by the amount of expenses) collected from the tenant, but it is not worth indicating them in the contract as a separate amount.
In cases where the lessor’s own employees are involved in driving the vehicle, the norms of the Labor Code of the Russian Federation are also taken into account, according to which he must pay for:
- the work of crew members as their employees;
- expenses for travel of crew members to the place of driving the vehicle (if it is located in another area) or on business trips;
- expenses for renting residential premises;
- travel expenses;
- additional expenses associated with the accommodation of employees outside their place of permanent residence (per diems);
- other expenses that are carried out by the employee with the permission of the employer.
If, according to the terms of the lease agreement, the lessor must send his employees (crew members) to another location, according to Article 169 of the Labor Code of the Russian Federation, they will also have to compensate for:
- expenses for moving the employee, members of his family and transporting property (except for cases when the employee is provided with a vehicle for this purpose);
- expenses for settling into a new place of residence.
The amounts of these expenses should be discussed and agreed upon directly with the employees to whom they will be reimbursed.
Liability for damage caused by a vehicle
If damage is caused to third parties during the operation of a rented vehicle, the lessor is obliged to compensate it (Articles 640, 1068 of the Civil Code of the Russian Federation). Having compensated for the damage, he may demand that the crew members responsible for causing it return the funds spent on compensation. If the lessor can prove that damage to third parties was caused by the fault of the lessee, for example, when the crew of the vehicle followed his written instructions, he can make a claim to the lessee for reimbursement of the amounts paid as damages.
Liability for damage caused to the vehicle
During the operation of a rented vehicle, it is not always possible to protect it from damage or destruction. The law establishes liability measures that apply in cases where the rented property was damaged or destroyed.
Thus, if the rented vehicle was damaged or destroyed during operation, the lessee is obliged to compensate the lessor for the losses caused. In this case, the lessor must prove that the death or damage to the vehicle occurred due to circumstances for which the lessee is responsible (Article 639 of the Civil Code of the Russian Federation).
So, we have considered issues common to the parties that are important to cover in the rental agreement for a vehicle with a crew.
In the next issue we will consider the tax consequences for the lessor when concluding this type of agreement.
All information provided can be found in the ITS PROF system in the Handbook of Contractual Relations in the “Legal Support” section (see figure).
AGREEMENT
RENTAL VEHICLE WITH CREW No.____
______________ "__" _____________ ____g
Hereinafter referred to as the Lessor, represented by __________________________________, acting on the basis of ____________ on the one hand,
and _____________________________________________________, hereinafter referred to as the Lessee, represented by ____________________________________, acting on the basis of ______________ on the other hand, collectively referred to as the Parties, and individually as the Party, have entered into this rental agreement for a vehicle with a crew (hereinafter referred to as the Agreement) as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1.Under this Agreement, the Lessor undertakes to provide the Lessee with a vehicle or several vehicles (hereinafter referred to as the Vehicle) for a fee for temporary possession and use and to provide services for its management and technical operation.
1.2. The list and main characteristics of the Vehicle are determined by the Parties in Appendix No. 1 to this Agreement (hereinafter referred to as the List of Vehicles).
1.3. The vehicle is used by the Lessee to carry out its business activities.
1.4. The vehicle is in good condition and meets the requirements for operating vehicles used for the following purposes: _________________________________________________.
2. DURATION OF THE AGREEMENT
2.1. The Agreement comes into force on “__” ________________ ____. and is valid until “__” ________________ _____.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The lessor is obliged:
3.1.1. Provide the Vehicle to the Lessee in accordance with the terms and conditions of the Agreement;
3.1.2. Provide the Lessee with the Vehicle in a condition consistent with the terms of the Agreement and its purpose, with all its accessories and related documentation;
3.1.3. Notify the Tenant in writing of all hidden flaws The vehicle before its transfer to the Lessee;
3.1.4. Guarantee that the Vehicle will not be withdrawn earlier than the terms provided for in the Agreement, without the consent of the Lessee;
3.1.5. Provide the Lessee with services for the management and technical operation of the Vehicle, in accordance with the terms of the Agreement, for which provide the Lessee with a crew (hereinafter referred to as the Crew) that meets the following requirements: ___________________________________________________________________________________.
3.1.6. Bear the costs of paying for the services of the Crew, as well as the costs of its maintenance;
3.1.7. The Lessor guarantees that the Crew is in an employment relationship with the Lessor in the understanding of the Labor Code of the Russian Federation;
3.1.8. Carry out compulsory and property insurance of the vehicle (MTPL and CASCO) with an insurance company of your own choice.
3.2. The tenant is obliged:
3.2.1. Return the Vehicle to the Lessor in proper condition, taking into account normal wear and tear in accordance with the terms of the Agreement;
3.2.2. Ensure the safety of the Vehicle from the moment of its transfer to the Lessee and until its return to the Lessor;
3.2.3. Pay rent in the amounts, manner and terms established by the Agreement;
3.2.4. Use the Vehicle in accordance with the terms of the Agreement and in accordance with its intended purpose;
3.2.5. Maintain the proper condition of the Vehicle, including carrying out routine repairs;
3.2.6. In case of early termination of the Agreement on the grounds specified in the Agreement, immediately return the Vehicle to the Lessor;
3.2.7. Bear the costs arising in connection with the commercial operation of the Vehicle, including the cost of paying for fuel and other materials consumed during operation and the cost of paying fees (fines, other payments).
3.3. The lessor has the right:
3.3.1. Independently determine the circle of persons operating the Vehicle, as well as persons performing its maintenance.
3.4. The tenant has the right:
3.4.1. Without the consent of the Lessor, as part of the commercial operation of the Vehicle, on its own behalf enter into transportation agreements and other agreements with third parties that do not contradict the purposes of use specified in the Agreement;
3.4.2. Sublease the Vehicle with the written consent of the Lessor;
3.4.3. Carry out separable improvements to the Vehicle without the consent of the Lessor;
3.4.4. Carry out inseparable improvements to the Vehicle only with the written consent of the Lessor;
3.4.5. Require a change of Crew if their professional skills do not meet safety requirements;
3.4.6. If deficiencies are discovered that completely or partially prevent the use of the Vehicle of your choice:
- demand from the Lessor either the elimination of defects of the Vehicle free of charge, or a proportionate reduction in the rent, or reimbursement of its expenses for eliminating the defects;
- directly withhold the amount of expenses incurred by him to eliminate these deficiencies from the rent, having previously notified the Lessor about this;
- demand early termination of the Agreement.
3.5. The parties agreed that the inseparable improvements remain the property of the Lessor, and their price is not reimbursed to the Lessee.
3.6. The parties agreed that the separable improvements are the property of the Tenant.
4. PRICE AND PAYMENT PROCEDURE
4.1. The Lessee is obliged to pay rent for the use of the Vehicle in the amount, manner and within the time limits established by the Agreement.
4.2. During the first 5 (Five) working days of each month, the Lessee pays rent for the use of the Vehicle in accordance with the terms of the Agreement and Appendix No. 1, by transferring payment to the Lessor’s bank account specified in the details to the Agreement.
4.3. To ensure the fulfillment of its obligations, the Lessee makes a deposit in the amount of a monthly payment to the Lessor's bank account within 10 (Ten) business days from the date of signing this Agreement and acceptance of the Vehicle.
4.4. The amount of the monthly rental payment is determined in Appendix No. 1 to this Agreement.
5. PROCEDURE FOR TRANSFERING THE VEHICLE
5.1. Place of reception and delivery of the Vehicle: ________________________________.
5.2. The transfer and return of the Vehicle are formalized by bilateral acceptance certificates signed by the Parties. The acts specified in this paragraph of the Agreement are an integral part of the Agreement.
5.3. The risks of loss, damage and damage to the Vehicle pass from one Party to another from the moment the acceptance certificate is signed.
6. RESPONSIBILITY OF THE PARTIES
6.2. In case of failure by the Lessor to fulfill the obligations provided for in clause 3.1.5 of the Agreement, the Lessor shall pay the Lessee a fine in the amount of _________(________________) rubles.
6.3. In case of untimely return of the Vehicle by the Lessee, the Lessee undertakes to pay the Lessor rent for the actual time of use of the Vehicle and a penalty at the rate of ___ percent of the cost of the untimely returned Vehicle for each day of delay, but not more than ___ percent.
6.4. If the Tenant fails to pay the rent on time, the Tenant shall pay the Lessor a penalty at the rate of ___ percent of the amount of unpaid (late) rent, but not more than ___ percent.
6.5. If the Lessee subleased the Vehicle, or transferred his rights and obligations under the Agreement to another person (re-lease), or provided the Vehicle in free use, or pledged the rental rights without the prior written consent of the Lessor, the Lessee is liable in the amount of the cost of the Vehicle, and also pays the Lessor a fine in the amount of ___________(_________________) rub.
7. GROUNDS AND PROCEDURE FOR TERMINATION OF THE AGREEMENT
7.1. The Agreement may be terminated by agreement of the Parties, as well as unilaterally at the written request of one of the Parties on the grounds, provided for by the Treaty and legislation.
7.2. Termination of the Agreement unilaterally is carried out only upon the written request of the Parties within 30 (Thirty) calendar days from the date the Party receives such a request.
7.3. The Lessor has the right to terminate the Agreement unilaterally in the event of failure or improper performance by the Lessor of the obligations provided for in any of paragraphs. 3.1.1 - 3.1.4 Agreements.
7.4. The Tenant has the right to terminate the Agreement unilaterally in the event of non-fulfillment or improper fulfillment by the Lessor of the obligations provided for in any of paragraphs. 3.2.2 - 3.2.6 Agreements.
8. FORCE MAJEURE CIRCUMSTANCES
8.1. The parties are released from liability for partial or complete failure to fulfill their obligations under this Agreement if their fulfillment is prevented by an extraordinary and unavoidable circumstance under the given conditions (force majeure).
8.2. If force majeure circumstances arise that prevent the fulfillment of obligations under this Agreement by one of the parties, it is obliged to notify the other party no later than 5 (Five) calendar days from the occurrence of such circumstances, while the deadline for fulfilling obligations under this Agreement is postponed in proportion to the time during which such circumstances prevailed.
9. DISPUTE RESOLUTION
9.1. All disputes and disagreements that may arise between the Parties on issues that are not resolved in the text of this Agreement will be resolved through negotiations on the basis of the current legislation of the Russian Federation.
9.2. If settlements are not resolved through negotiations, disputes are resolved in court in the manner prescribed by current legislation.
10. FINAL PROVISIONS
10.1. Any changes and additions to this Agreement are valid provided that they are made in writing and signed by the parties or duly authorized representatives of the Parties and registered in established by law ok.
10.2. All notices and communications under this Agreement must be sent by the parties to each other in writing.
10.3. In all other respects that are not provided for in this Agreement, the parties are guided by the current legislation of the Russian Federation
10.4. The Agreement is drawn up in two original copies having equal legal force, one for the Lessor and one for the Tenant.
11. ADDRESSES AND DETAILS OF THE PARTIES
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G. _________________ ___________________
1. The Subject of the Agreement
1.1. The Lessor transfers for temporary possession and use to the Lessee a vehicle owned by the Lessor, and also provides the Lessee with its own services for driving the car and its technical operation.1.2. Vehicle characteristics:
– brand –
– register sign –
– identification number (VIN) –
- type -
– category –
- year of issue -
– engine – No.
- color -
– engine power (kW/hp) –
– vehicle passport –
– vehicle registration certificate – series ____-__________________________- No. 1.3. Installed on the vehicle optional equipment–__________________________________________________________, payment for the use of which is included in the rent.1.4. The vehicle provided for rent belongs to the Lessor by right of ownership.1.5. The rented vehicle will be used by the Lessee for ________________________ (indicate methods or directions of use of the vehicle, for example: for transporting passengers, cargo, luggage).1.6. The Lessor is obliged to transfer to the Lessee according to the acceptance certificate (Appendix No. 1)
vehicle. The act states: technical condition Vehicle, vehicle completeness, information about vehicle documentation, other information.1.7. After the expiration of the contract, the Lessee is obliged to return the vehicle according to the acceptance certificate within 15
days.
2. Rights and Obligations of the parties
2.1. The Lessor has the right: 2.1.1. Manage the activities of crew members in the management and technical operation of the vehicle provided under this agreement; 2.1.2. Terminate this agreement early if the Tenant is late in paying the rent within _____________ from the date of payment. 2.2. The lessor is obliged: 2.2.1. Timely hand over to the Lessee the vehicle specified in Section 1 of the agreement in a condition that meets the terms of the agreement and provide the documents necessary for its operation; 2.2.2. Maintain the vehicle in a technical condition that ensures its safe operation, carry out routine and major repairs of this vehicle, provide it with the necessary spare parts and accessories during the term of the contract; 2.2.3. Provide __________ (advisory, informational, other) assistance for the most effective use of the rented vehicle; 2.2.4. Provide a qualified crew for the management and technical operation of the vehicle, whose members have documents authorizing the management of this vehicle; 2.2.5. Pay at your own expense for the labor of crew members and bear other expenses associated with their maintenance. 2.3. The tenant has the right: 2.3.1. Give current and operational instructions to crew members to ensure the operation of the vehicle in accordance with the Lessee’s goals; 2.3.2. Conclude civil agreements with third parties on the use of the vehicle in accordance with the purposes of the Lessee, provided that the fulfillment of obligations arising from these agreements will not contradict the purpose of the vehicle and the purposes of its use. 2.4. The tenant is obliged to: 2.4.1. Accept the vehicle and use it in accordance with the terms of the contract and the purpose of the vehicle; 2.4.2. Maintain the vehicle in good condition, ensure its safety and completeness; 2.4.3. Bear the costs associated with the operation of the vehicle, its insurance, including insurance of your liability; 2.4.4. Make rent payments on time; 2.4.5. Return it at the end of the contract in good condition, taking into account normal wear and tear
3. Payment procedure
3.1. The rental fee for the use of a vehicle and crew services is _________________________________ rub. monthly.3.2. The tenant is obliged to pay rent monthly no later than _____________ numbers To every month following the billing month.
4. Duration of the contract
4.1. The contract was concluded for a period of ____________________________ 20__ By _________________20__ year. 4.2. Each party has the right to refuse to fulfill the agreement by notifying the other party in writing no later than ____________________. At the same time, obligations not fulfilled by the time of refusal, including those related to repairs and payment of maintenance costs, remain with the parties.
5. Responsibility of the parties
5.1. For violation of the deadline for payment of rent, the Tenant shall pay the Lessor a penalty in the amount ___________________ percent of the unpaid amount for each day of delay.5.2. For violation of the deadline for handing over the car or documents provided for in the agreement, the Lessor shall pay the Lessee a penalty in the amount ______________________ percent of the monthly rent for each day of delay. 5.3. In case of guilty actions of the Lessee or persons for whose actions he is responsible in accordance with the law or contract, death or damage to the vehicle occurs, the Lessee is obliged to compensate the Lessor for the losses caused by this. 5.4. The obligation to compensate for damage caused to third parties by the vehicle, its mechanisms, devices and equipment in the absence of the Lessee’s fault rests with the Lessor. Moreover, if the damage arose through the fault of the Lessee, then the Lessor has the right to demand from him compensation for amounts paid in the form of a penalty or compensation for losses to third parties. 5.5. Payment of a penalty (fine, penalty) and compensation for losses do not relieve the parties from fulfilling their obligations and taking measures aimed at eliminating violations. 6. Dispute resolution 6.1. Disputes and disagreements that may arise during the execution of this agreement will, if possible, be resolved through negotiations between the parties. 6.2. If it is impossible to resolve disputes through negotiations, the parties submit them for consideration to ___________. (indicate the location of the arbitration court)
7. Addresses, signatures and bank details of the parties
The agreement is drawn up in two copies having equal legal force, one for each of the parties. Attached to this agreement is ______________________
The document form “Rental agreement for a vehicle with crew” belongs to the heading “Rental agreement for a vehicle”. Save the link to the document on social networks or download it to your computer.
Rental agreement for a vehicle with crew
[place of conclusion of the contract] [date of conclusion of the contract]
[Information about the lessor - full name and passport details for individual; full name and information about the person who signed the agreement - for legal entity], hereinafter referred to as the "Lessor", on the one hand and
[information about the tenant - full name and passport data for an individual; full name and information about the person who signed the agreement - for a legal entity], hereinafter referred to as the “Tenant”, on the other hand, and together referred to as the “Parties”, have entered into this agreement as follows:
1. The Subject of the Agreement
1.1. Under this agreement, the Lessor undertakes to provide the Lessee with a vehicle for a fee for temporary possession and use and provides its own services for its management and technical operation.
1.2. The services provided to the Lessee by the Lessor for the management and technical operation of the vehicle must ensure its normal and safe operation in accordance with the rental purposes specified in this agreement.
1.3. The vehicle being leased is [type, name, state registration number and other identifying data] is in good condition, meeting the requirements for the operation of vehicles.
1.4. The purpose of using the vehicle is [fill in as required].
2. Duration of the contract
2.1. The lease agreement is concluded for a period of [fill in as required].
3. Rights and obligations of the Parties
3.1. The lessor is obliged:
3.1.1. throughout the entire term of the contract, maintain the proper condition of the leased vehicle, including carrying out routine and major repairs and providing the necessary accessories;
3.1.2. insure the vehicle and liability for damage that may be caused by it or in connection with its operation.
3.2. The tenant is obliged:
3.2.1. bear the costs arising in connection with the commercial operation of the vehicle, including the cost of paying for fuel and other materials consumed during operation, and paying fees.
3.2.2. pay rent on time;
3.2.3. upon termination of the lease agreement, return the vehicle to the Lessor in the condition in which he received it, taking into account normal wear and tear;
3.3. The Tenant has the right, without the consent of the Lessor:
3.3.1. sublease a rented vehicle;
3.3.2. as part of the commercial operation of the leased vehicle, enter into transportation and other agreements with third parties on its own behalf, if they do not contradict the purposes of using the vehicle specified in this lease agreement.
4. Rent
4.1. The rent is [amount in figures and words] rubles per month.
4.2. The rent for the first and last payment months, if they are not full, is calculated in proportion to the number of days in a particular calendar month.
4.3. The lessee pays a fee for the use of the vehicle every month in advance on the first day of each month in the amount specified in clause 4.1. actual agreement.
4.4. The Lessee is exempt from paying rent for the time during which the vehicle was unfit for use due to a malfunction, unless the unfitness of the vehicle was not due to the fault of the Lessee.
5. Responsibility of the Parties
5.1. The lessor is responsible for the shortcomings of the leased vehicle that completely or partially prevent the use of it, even if at the time of concluding this agreement he was not aware of these shortcomings.
5.2. The Lessor is not responsible for the shortcomings of the leased vehicle that were specified by him at the conclusion of this agreement or were known to the Lessee in advance or should have been discovered by the Lessee during the inspection of the vehicle or checking its serviceability when concluding the agreement or transferring the vehicle for rent.
5.3. In the event of destruction or damage to the rented vehicle, the Lessee is obliged to compensate the Lessor for the losses caused, if these circumstances occurred through the fault of the Lessee.
5.4. The Lessor is responsible for damage caused to third parties by the rented vehicle, its mechanisms, devices, and equipment.
5.5. The Lessor has the right to submit a recourse claim to the Lessee for reimbursement of amounts paid to third parties if it proves that the damage arose through the fault of the Lessee.
6. Early termination of the lease agreement
6.1. At the request of the Lessor, this agreement may be terminated early if the Lessee:
6.1.1. uses a vehicle with a significant violation of the terms of this agreement or the purpose of the vehicle or with repeated violations;
6.1.2. significantly deteriorates the vehicle;
6.1.3. fails to pay rent more than two times in a row after the expiration of the payment period established by the contract.
6.2. At the request of the Lessee, this agreement may be terminated early by the court in the following cases:
6.2.1. The Lessor does not provide the vehicle for use to the Lessee or creates obstacles to its use in accordance with the terms of this agreement or the purpose of the vehicle;
6.2.2. the vehicle transferred to the Lessee has defects that prevent its use, which were not specified by the Lessor at the conclusion of the agreement, were not known to the Lessee in advance and should not have been discovered by the Lessee during the inspection of the vehicle or checking its serviceability at the conclusion of the agreement;
6.2.3. the vehicle, due to circumstances for which the Lessee is not responsible, will be in a condition unsuitable for use.
7. Final provisions
7.1. This agreement has been drawn up in 2 authentic copies - one for each of the Parties.
7.2. This agreement comes into force from the moment of its signing and is valid until [day, month, year].
7.3. The Parties will try to resolve any disputes arising from this agreement or in connection with it through negotiations, and if no agreement is reached, in court.
8. Details and signatures of the Parties
Landlord Tenant
[fill in as needed] [fill in as needed]
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The rental agreement for special equipment with the crew contains a number of nuances. Managing partner of the law firm “Pravo and Praktika” Alexey Nikitin will help us sort them out.
It should be noted that lease agreements often deal not with vehicles in their formal strict meaning (cars, trailers), but, for example, with special equipment (excavators, bulldozers, loaders, etc.), equipment ( tower cranes) or even about aircraft and ships.
Let us consider in detail 6 points that must be included in the contract.
Is it necessary to have a written lease agreement?
Failure to comply with the form of the contract entails its invalidity. If the equipment was received/transferred without drawing up a contract, and the fact of provision of services was recorded, for example, by issuing and paying invoices, then the parties may have serious problems in the correct legal qualification of relationships and obtaining judicial protection of their rights.
How to extend the lease agreement?
Subject to the provisions of the previous paragraph, for each new period the tenant and the lessor must enter into a written agreement, the absence of which entails the invalidity of the lease.
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What information must be indicated in the “subject of rental” paragraph?
It is necessary to indicate the individualizing characteristics of the property - state registration number, model, brand, year of manufacture, color, engine and body number, power, etc. Lack of individual characteristics of the property (for example, the parties simply indicated Caterpillar bulldozer, without numbers, etc.) may lead to the recognition of this agreement as not concluded.
Who bears the cost of repairing special equipment?
During the entire term of the lease agreement for special equipment with the crew, the lessor is obliged to maintain the proper condition of the leased equipment, including carrying out routine and major repairs and providing the necessary accessories. This rule is mandatory and cannot be changed by agreement of the parties. The provision of the agreement on a different distribution of repair costs is void, which is confirmed by the existing judicial practice.
How to properly distribute the costs of maintaining special equipment?
As a general rule, the lessee bears the costs arising in connection with the commercial operation of special equipment, including the cost of paying for fuel and other materials consumed during operation and paying fees. But the parties have the right to establish in their agreement a different procedure for the distribution of expenses, and the lessor can take over them in whole or in part.
Rent: what should be included in the contract?
The rent may consist of a single payment or be divided into several parts: equipment management services in this case are paid separately from the lease. The rental fee may be charged for certain calendar periods of time, for example, days, months, or maybe for the time worked, for example, depending on the number of engine hours. The main thing is to clearly agree on how this time is calculated and who is responsible for downtime due to repairs or, for example, lack of crew or lack of physical ability to carry out work.
One of bright examples- arbitration case No. A42-607/2014. The dispute arose over a contract for the charter of a floating crane. The tenant filed a claim to recover the cost of towing the crane paid to the lessor - 6.5 million rubles, which the latter did not fulfill. The lessor, in turn, filed a counterclaim to recover 122 million rubles in rent for the period of crane downtime caused by the closure of navigation. The main question is whether the tenant must pay rent, because... At first the ship could not be towed due to weather conditions, and then the shipowner decided to mothball the ship due to the approach of winter, navigation was closed and it was physically impossible to remove the crane. The case has been under consideration for more than three years, it has reached Supreme Court, was returned for a new consideration, different authorities decided either in favor of the tenant or in favor of the landlord. The courts have studied a huge amount of factual circumstances: correspondence, telegrams, ship logs, the procedure for converting ships, orders of the port captain and much, much more, but the final point in the dispute has not yet been set.
Of course, maritime disputes have their own nuances, however, that is not the essence of the problem. The main thing is that the rental agreement for special equipment with the crew has its own characteristics that seriously distinguish it from. It is necessary to understand that this form of relationship has a specific structure for distributing risks associated with costs, repairs, downtime and crew management, and all these points must be taken into account. Firstly, write it down in the contract, and secondly, and this is the most important thing, clearly record all emerging questions and problems in correspondence. For example, if the equipment is out of order, the landlord must be notified accordingly, first in an email message, then in an official letter or telegram. Remember, conversations cannot be tied to action, and the consequences for the parties can be multimillion-dollar.
