Today it has become popular to turn your car into a source of income by renting it rent. One month rent of the company — as a rule, taxi services, or those engaged in the delivery — promise earnings from 5000 USD! At first glance, it is really profitable.
First, as the car was yours, and remains so. Secondly, you do nothing and get money. However, lawyers are strongly advised not to succumb too tempting and conditions and be sure to agree on the legal side of the issue: to produce competent contract and buy the right insurance. Otherwise it is likely not only to damages but not to lose the car.
Together with experts we understand how to protect yourself from unpleasant consequences, handing over his beloved “horse” in the car.
- Denis Fedorkin, attorney, chair of the Business Law Association
- Dmitry Lysenko, managing partner of law firm “Dmitry Lysenko and partners”
STEP # 1 — CHECK INS AND OUTS
The choice of the taxi service is one of the most important issues, and its solution must be approached with great responsibility. The situation is complicated by the fact that now in every city there are numerous taxi services. Not to get into cowboy’s office (which is tomorrow will close and disappear with your machine), it is better to turn to a known company with a good reputation, which works not the first year.
However, in such strict vehicle requirements — from the model, year, condition and ending time, how many cars on the go. If your “horse” the request does not match, you can find taxi service easier, but the main thing — do not use when only the principle of “the highest bidder”. This is a sure way to stay loss. It would be nice to read the reviews online, the advantage of word of mouth or to find people who have taken their cars in this taxi service. Next, you need to check whether the registered owner as the FOP or legal entity whether for tax accounting and whether NACE codes for this type of business.
“Unfortunately, there is no document that would immediately confirm the integrity of the enterprise, taxi, said Denis Fedorkin. But the lawyer is not difficult to punch a taxi service to various databases and provide information about it. You can learn, for example, did the company litigation there are no penalties, financial and corporate issues, any problems with the government.”
In this area there are also services and non-standard “measure of respectability”. Talking about the license for carrying passengers. “Now to do this unprofitable, so most taxi drivers go without it, and few of the service require it, — explains Denis Fedorkin. — So if the driver has a license — plus put to use this company!”
STEP # 2 — COMPOSE A LITERATE CONTRACT
With the taxi it is mandatory to enter into a formal contract. “It must be a lease vehicle. Its conditions are spelled out in the Civil code of Ukraine, — says Dmitry Lysenko. It must be concluded in written form. The parties to the contract will be taxi service — FLP (or legal person) and you as the owner of a car — individuals. The Treaty to have legal effect, it is enough the stamp and signature of the authorized person.” The contract should specify all the details of the lease so that in case of disputes they can be resolved using this document.
What there should be? “First, the cost of rent and terms of payment. It can be monthly payments, weekly, or even daily, — says Dmitry Lysenko. — Secondly, it is useful to limit the amount of mileage in a month. The taxi services are seldom careful to rent a car. So your machine has not operated in two shifts for wear, clearly list this moment. Thirdly, the document should indicate that the tenant is responsible for all costs associated with operating a car (gasoline, tire and repairs, Parking fees and fines for traffic violations). A must have item and that the hirer is responsible for the safety of the car during the rental period, namely, until the transmission owner.” By the way, renting a car rental car rental company (rent) is, in fact, almost no different from renting a car to a taxi service. However, big profits this option will not bring, because a lot of the time the car will stall.
STEP # 3 — MAKE INSURANCE
Feature of the contract of lease of a vehicle is the need of car insurance, the owner and liability insurance by tenant.
“A contract that you enter into with the taxi, as a rule, does not provide for insurance payments. But it should be the conditions of the compulsory conclusion of the contract with the insurance companies, — explains Denis Fedorkin. — It is advisable to buy car insurance on the car. Moreover, it is desirable to choose the option of “full CASCO”, which includes all risks. So you get a guarantee of compensation of damages in different kinds of occasions. Remember: the insurance that is used in a cab will cost almost two times more expensive than usual”.
STEP 4 — UNDER REGULAR AND STRICT SUPERVISION
Even after all the documents are prepared and your horse begins to make a profit, you should not relax. Carefully follow the state of the machine at least once a month come and inspect the car (this is usually stipulated in the contract), to independently conduct planned maintenance and in case of need — repair (by the tenant). These actions will allow you to control the quality of service of your machine.
Definitely. At least once a month inspect your car
If you do not want to contact the taxi services, you can find a private person. Often the services of a rental car looking for people who want to work in a taxi, but it happens that a person leases a car for personal use. Sites will post your ad and set the terms on which are ready to provide vehicle on hire.
“A private person it is better to take long term. Do not “play” in the car rental firm and provide a car for 1-2 days without proper paperwork. It is very dangerous!” — warns Dmitry Lysenko.
Always insure your car and transferring it to a new client ask for a Deposit.
Private individuals also have to sign a contract.
“Don’t use templates, — tells Denis Fedorkin. — Many people make the mistake of downloading from the Internet samples and filling them. In practice, often found that such a contract is not ursila, because, for example, is governed by the laws of the Russian Federation…”
Such a contract is notarized. But remember: the contract, the notary does not verify, it only certifies the identity of the parties. In the future this will help to avoid some of the issues in the litigation.