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Personal Contract for Rental of a Vehicle with a Driver


Hereby, between the parties:

On one hand, a natural person, at adult age, who signs this CONTRACT through the use of electronic tools, and who for the purposes of this contract is designated as THE LESSOR (hereinafter THE LESSOR); and on the other hand, a natural person, at adult age, who signs this CONTRACT through the use of electronic tools, and who for the purposes of this contract is designated as THE LESSEE (hereinafter THE LESSEE), who together, will be referred to as THE PARTIES, have decided to sign this PRIVATE VEHICLE LEASE AGREEMENT WITH DRIVER INCLUDED, prior to the following:


  • That, THE LESSOR is the owner and/or has sufficient rights and powers in accordance with current legislation in force, to lease or sublease the vehicle identified with the license plates, brand, model and color that appears in the vehicle lease contract subscription request with driver included, made at the contact portal for rental used by THE PARTIES.

  • That, THE LESSEE is a natural person, at adult age, who intends to contract the use and enjoyment of the vehicle object of this contract. By obtaining the use and enjoyment, the LESSEE obtains the operational control of the vehicle. The activities of use of the vehicle will be determined by the parties and/or agreed by the parties verbally, and through the contact portal, for a certain time.

  • That, THE PARTIES intend that THE LESSOR acts as driver of the vehicle leased to THE LESSEE.

  • That, THE LESSOR and THE LESSEE were related through the contact portal for vehicle rental with driver included, and through it, fixed and specified the request to lease the vehicle with driver, and agreed to sign the terms and conditions detailed in this contract.

Based on the expressed previously, the PARTIES have decided to sign this CONTRACT, which will be governed by the provisions of articles 1973 and following of the Colombian Civil Code, and by the other rules of private law that regulate, modify and/or add, and especially for the following:


FIRST: PURPOSE AND SCOPE. THE LESSOR delivers the vehicle with driver that is the object of this contract under a lease, and THE LESSEE receives in the same title, the use and enjoyment of the vehicle, temporarily, under the terms and conditions contained herein. THE LESSOR undertakes to deliver to THE LESSEE the vehicle with all its accessories, in working order and provided with the necessary documentation for its operation and use. Likewise, THE LESSOR declares and guarantees that the vehicle: (a) Has all the current documentation in accordance with the applicable law, all the permits, legal obligations and required licenses, including, among others, the Compulsory Insurance (SOAT), card property, technical-mechanical review and gas emission; and (b) it is with full payment of taxes, fines, or legal calls, as well as all traffic records.

FIRST PARAGRAPH: THE LESSEE accepts that the use and enjoyment of the vehicle delivered through this private lease contract, will be through the driver designated by the LESSOR for that purpose. In this case, the driver will be the LESSOR himself.

SECOND PARAGRAPH: THE LESSEE undertakes to verify, before initiating the execution of this contract, that the vehicle which is under the lease contract, has all the documentation in order for its circulation. The omission of this verification DOES NOT RELEASE THE LESSOR from his responsibility, in accordance with the provisions of clause TENTH of this contract.

SECOND: TERM. The term of the CONTRACT is determined by the time of use and enjoyment determined by THE LESSEE, in accordance with the provisions of this CONTRACT.

Either PARTY may terminate this CONTRACT unilaterally by prior written or verbal notice, immediately during the term of the lease, to the other PARTY. In the event of early termination of this CONTRACT by the LESSEE, the LESSEE shall pay THE LESSOR the corresponding amounts for the effective execution of the CONTRACT, and/or shall indemnify it in the manner agreed upon by the parties for this purpose.

THIRD: DELIVERY OF THE VEHICLE WITH DRIVER INCLUDED AND OPERATIONAL CONTROL. THE LESSOR will make the material delivery of the vehicle so that the LESSEE can exercise operational control over it as agreed by the PARTIES in this CONTRACT.

The return of the vehicle in favor of the LESSOR will be made once the term established for the execution of this contract has expired. THE LESSOR authorizes that the return of the vehicle can be done to the designated driver for the execution of this lease, who, for the purposes of this contract, is the LESSOR himself.

PARAGRAPH: DRIVER SERVICE. In addition to the delivery of the Vehicle, THE PARTIES agree that the rental of the vehicle will include a driver provided by THE LESSOR, which may even be the same, in favor of THE LESSEE and this contract. Nevertheless, THE PARTIES, in use of their autonomy of private will, acknowledge that the inclusion of a driver will not limit the operational control of the vehicle by THE LESSEE during the Execution Period of this CONTRACT. THE LESSOR guarantees that the designated driver has the necessary knowledge and experience to drive the vehicle, as well as that he has the corresponding driving license that allows him to fully comply with the obligations of the CONTRACT.

For all the purposes described in this Contract, THE LESSEE will have control of the operation of moving the vehicle and the driver will receive the operating instructions from the LESSEE, either through the contact portal, this contract or verbally.

FOURTH: CONTRACTUAL NATURE. This CONTRACT, as is signed between TWO NATURAL PEOPLE, is constituted as a private lease agreement in the terms of the Colombian Civil Code, and in what is regulated by the other applicable legislation for that purpose. THE PARTIES, by mutual agreement, state that in any case shall this CONTRACT be assigned obligations and/or rights of any other legal business.

PARAGRAPH: The use of the MAXIM application means that THE PARTIES agreed and accepted both the terms of the legal information at, as well as the terms established in this CONTRACT.

FIFTH: PRICE. THE LESSEE shall pay the agreed price to THE LESSOR for the delivery of the vehicle with the driver included. The price of the rental of the vehicle with driver included will be determined by the time of use and enjoyment by THE LESSEE, as well as by additional factors that THE PARTIES may agree upon.

Within the agreed and paid price, sufficient fuel is included so that the vehicle made available to THE LESSEE fully develops the object of this contract.

Any expense or disbursement of any kind that THE LESSEE should incur in the performance and/or execution of this CONTRACT and/or in the execution of additional activities, will be the sole responsibility of THE LESSEE.

SIXTH: FORM OF PAYMENT. The Price will be paid by THE LESSEE through any money tool agreed by the Parties, once the term of execution of this CONTRACT or the fraction thereof has ended.

SEVENTH: OBLIGATIONS OF THE LESSOR. Without prejudice to the other obligations assumed in this CONTRACT, THE LESSOR is obliged to THE LESSEE to:

  • Grant the Vehicle to THE LESSEE, for temporary use and enjoyment in accordance with the provisions of this CONTRACT, in perfect mechanical and physical condition and in perfect operating and safety conditions, with all the documents and equipment required by law for its use natural.

  • Grant to THE LESSEE the vehicle at the agreed time and place, together with the designated driver.

  • Contribute all the knowledge and experience in development of the object of the CONTRACT.

  • Release to THE LESSEE from any disturbance in the enjoyment of the vehicle.

  • Fulfill with the legal obligations that are applicable.

EIGHTH: OBLIGATIONS OF THE LESSEE. Without prejudice to the other obligations assumed in this CONTRACT, THE LESSEE is obliged to THE LESSOR to:

  • Pay the agreed Price in the manner provided in the CONTRACT.

  • Provide all the information and documentation required by THE LESSOR and the driver for the execution of the object of this CONTRACT.

  • Take care of the vehicle during all the time it is used.

  • To exhort to their companions to make good use of the vehicle.

  • Return the Vehicle at the time and place agreed with THE LESSOR.

  • Use the vehicle only and exclusively for its use and enjoyment during the time determined in this CONTRACT.

  • Do not make any repair and/or transformation to the Vehicle or order it without the prior and express authorization of THE LESSOR.

  • Do not use the Vehicle for improper or illegal acts, or for the transport of dangerous, flammable, contraband or illegal goods.

  • Give confidence and independence to THE LESSOR for the provision of its service as a driver. However, any suggestion or recommendation that THE LESSEE makes to THE LESSOR, will be taken into account for the benefit of the objectives of this CONTRACT.

  • Take responsibility not only for his own fault but for those of his (s) companion (s) in the vehicle.

  • To follow all the secuirity and transportation rules given by the Driver and by the traffic authorities.

  • Fulfill with the other obligations established by the applicable law.

NINTH: TERMINATION. The vehicle rental contract with driver included expires by fulfillment of the object of this contract, by the unilateral will of any of the parties, and/or by any technical, administrative, and/or judicial cause that prevents its execution.

TENTH: RESPONSIBILITY. By virtue of the principle of primacy of the will of the PARTIES, THE LESSOR must respond for the time in which THE LESSEE has the use and enjoyment of the vehicle, for any damage or loss of any piece, part or object that is part of the vehicle, as well as being responsible for the damages, claims, lawsuits, actions, pretensions and/or expenses in general (including costs and procedural costs and legal expenses) occurred during the possession of the vehicle by the LESSEE. This clause is signed due to the fact that the LESSOR will be the same driver of the vehicle leased.

THE LESSOR is not responsible for the loss of personal belongings deposited or stored in the vehicle by THE LESSEE, due to its own actions or omissions. On the same way, is not responsible for any loss or damage that occurs inside the vehicle during the time that it is in the possession and use of THE LESSEE.

FIRST PARAGRAPH: ACCIDENTS. In the event of an accident, the competent authority will determine who made the fault of it, whether the LESSOR or the LESSEE. On that way, depending on it, each party will be responsible for their actions or omissions, which cause an accident, and for the legal consequences that they entail.

SECOND PARAGRAPH: SECURITY IN THE RENTAL OF MOTORCYCLE TYPE VEHICLES. When the vehicle given under the lease contract it is a motorcycle, the LESSOR - driver and the LESSEE must use the safety materials required by the law, both, helmet and a reflective vest (when required). Failure by one of THE PARTIES to comply with this obligation will automatically lead to the termination of the contract. Each party, LESSOR and LESSEE, will be responsible for their actions or omissions against the safety and traffic regulations of Colombia.

THIRD PARAGRAPH: INDEMNITY OF THE CONTACT PORTAL. THE PARTIES, in use of their autonomy of private will, agree that the contact portal (MAXIM Rides & delivery App), is simply an intermediary, which puts them in contact. Due to the foregoing, once the parties are contacted, the operational management of the contact portal is terminated, being EXCLUSIVE responsibility of THE PARTIES, any legal and/or illegal situation that arises, including accidents, contractual breaches, as well as any type of civil, administrative, commercial and/or criminal liability. Based on the foregoing, THE PARTIES exempt the contact portal from any inconvenience generated between them, for which they will jointly seek a solution.

ELEVENTH: JURISDICTION AND APPLICABLE LAW. This Agreement will be governed by and will be interpreted in accordance with the laws of the Republic of Colombia. The applicable jurisdiction will be the one from the city where this contract is signed. Any controversy or difference related to this Contract will be resolved by ordinary justice.

TWELFTH: INTEGRAL AGREEMENT. This CONTRACT constitutes the entire agreement between the PARTIES with respect to the object, obligations and commitments contemplated herein. Therefore, it supersedes and leaves without any legal effect any agreement, contract or prior understanding, written or verbal, that the PARTIES may have had on this matter.

THIRTEENTH: DATA PROTECTION. THE LESSEE hereby previously, expressly and informedly authorizes THE LESSOR to carry out the collection, storage, use, circulation, deletion, transfer, transmission and, in general, any operation or set of operations in and on personal data of THE LESSEE. Personal Data includes, but is not limited to, identification data, contact information, financial information and professional information of THE LESSEE, or of the people linked to it. This authorization is granted exclusively for the fulfillment of the purposes of the CONTRACT, which include, but are not limited to the fulfillment of legal or contractual obligations of the PARTIES, the proper execution of the contractual relationship with THE LESSOR, the verification of compliance with the obligations of THE LESSEE; manage and consolidate customer records; carry out data update campaigns; carry out security studies, for the prevention of fraud, money laundering and financing of terrorism, among others; carry out and organize promotional activities; the administration of its information and communications systems; the reporting of information to the competent authorities, and the consolidation of databases, as well as the other purposes that are informed by THE LESSOR. THE LESSEE accepts and knows that he has been informed of the rights that assist him in his capacity as owner of the Personal Data, among which are the right to submit requests for information, updating, deletion and/or rectification of the Personal Data.

FOURTEENTH: INEFFECTIVENESS. If any provision of this CONTRACT is prohibited, null, ineffective or cannot be enforced in accordance with the laws of the Republic of Colombia, or decision of a competent government authority, the other provisions of the CONTRACT will survive with their full binding effects and mandatory for the PARTIES, unless the prohibited, null, ineffective or unenforceable provision was essential to the CONTRACT, so that the interpretation or fulfillment thereof in the absence of such provision was not possible.

FIFTEENTH: SIGNATURE OF THE PARTIES. In proof of the agreement, the PARTIES sign this CONTRACT in knowledge and approval of the clauses and for a single purpose. The CONTRACT is understood to be executed and signed for all its effects, on the date on which the LESSOR and the LESSEE electronically accept this CONTRACT.