CONTRACTUAL TERMS AND CONDITIONS
I. GENERAL TERMS AND CONDITIONS
I.1. The LESSEE must have regular and valid personal documents - passport, identity card, driving license and control card. If the car is driven by another person not mentioned in the Lease Agreement, the LESSEE shall be fully liable for any damages, regardless of any liability waiver fees or additional coverage paid.
I.2. With his signature, the LESSEE herewith declares that he is a legally competent driver with a valid driving license and has all the necessary documents required by the traffic police authorities and the legislation. The LESSEE declares that he has an international driving permit or a legalized translation of the original driving license, in case it was issued by a country that did not sign the Vienna Convention on Road Traffic of 08.11.1968.
I.3. If one or more additional drivers are listed in the Lease Agreement, they shall be jointly and severally liable with the driver listed as the LESSEE.
I.4. If any person other than the LESSEE is entered as the Cardholder in the authorization form of the Lease Agreement, and this person has provided data on his bank card, the Cardholder shall be jointly and severally liable with the LESSEE and guarantee his obligations.
II. HANDOVER/ACCEPTANCE OF THE CAR
II.1. The car shall be handed over to the LESSEE in good technical condition with full equipment as required by the traffic police authorities. Upon conclusion of the Lease Agreement, remarks, if any, on the appearance or interior of the car shall be noted in the handover protocol. Upon return of the car, after inspection and upon detection of any damages or shortages or in case of any violation of the general terms and conditions of the Agreement, the same shall be paid by the LESSEE according to the prices of an official (authorized) service station of the relevant brand.
The LESSEE undertakes to return the car with all the documents handed over to him to the place indicated in the Agreement, within the agreed time and in the same condition.
II.2. If the LESSEE refuses to sign the handover protocol upon returning the car, it shall be signed unilaterally by the LESSOR and by a witness certifying the refusal, in which case the LESSEE shall be bound by the facts established in the protocol.
II.3. The car shall be handed over washed and cleaned. If the LESSEE returns the car dirty and uncleaned, with traces of food, stains and other items and/or waste, he shall pay a car cleaning fee in the amount of EUR 25. If there are any stains on the seats and the interior, additional compensation shall be charged to cover the repair of the damage caused.
II.4. In case of a delay of more than 1 hour, the LESSEE shall pay a penalty to the LESSOR, as follows:
- delay up to 4 hours - half of the daily rental fee;
- delay over 4 hours - penalty in the amount of 1 (one) daily rental fee.
II.5. If the LESSEE fails to fulfill the obligation to return the leased car for more than 24 hours as of the time of return specified in the Agreement, this shall be considered appropriation within the meaning of the Penal Code. In such case, the LESSOR shall notify the competent authorities of the crime committed, reserving all his rights under this Agreement.
III. PRICE, DEPOSIT AND TERM OF PAYMENT
III.1. The rental price of the car shall include: 24-hour rental, unlimited mileage, Third Party Liability insurance, insurance ("Limited Liability" - TP, CDW), vignette sticker, replacement car in case of any technical problem, replacement driver, VAT.
III.2. The LESSEE undertakes to pay the LESSOR the rental price and the additional fees described on the front of this Agreement, upon receipt of the car. All prices and additional fees are announced on the company's website and by signing this Agreement, the LESSEE confirms that he has read them.
III.3. The rental price shall not include fuel. The car shall be returned with the same amount of fuel it was handed over with. Otherwise, the LESSEE shall pay an administrative fee of EUR 25 and the missing fuel at EUR 2.00/l.
III.4. Upon delivery of a replacement car in the event of any traffic accident, damage or theft of the primary car under this Agreement, the LESSEE shall pay the full value of the cost of delivery of the replacement car.
III.5. The rental price shall not include any fines and penalties imposed for non-compliance with the Road Traffic Act of the Republic of Bulgaria (RTA) or any other regulatory provisions.
III.6. The deposit shall be paid by a credit card authorization in the name of the LESSEE, who ensures the performance of his obligations under the Lease Agreement. The amount of the deposit depends on the class of the car and shall be determined in the Lease Agreement. If the LESSEE has failed to pay a "Full Coverage" fee to the insurance, a double deposit shall be due.
III.7. The LESSOR shall have the right to deduct from the deposit the value of any unpaid amounts owed by the LESSEE under the Lease Agreement /including the rental price, additional fees, penalties and damages caused to the LESSOR, technical damages as a result of any culpable or negligent treatment of the car; missing parts or details of the car, as well as all damages mentioned in s. VI of this Agreement and compensation for lost profits, a consequence of this action/omission to act of the LESSEE/, and the balance shall be returned to the LESSEE within a period of one month as of the date of return of the leased car.
III.8. In the event that the LESSEE /CARDHOLDER has provided bank card details and the deposit is authorized by it, he shall give his irrevocable and unconditional consent to the LESSOR, after and if he has fully used the deposit in the cases provided for in this Agreement according to s. III.7, even after its completion, to withdraw amounts in excess of the deposit, and the signature on the first page of the Lease Agreement shall be considered to be on the POS terminal statements.
III.9. If the term of the lease period is extended, the deposit shall remain available to the LESSOR for one more month, starting from the date of expiry of the extended term and the return of the car.
IV. OBLIGATIONS AND RESPONSIBILITIES OF THE LESSOR
IV.1. The LESSOR reserves the right to repossess the car, without warning, at any time and at the expense of the LESSEE, if the latter uses the car in violation of this Agreement.
IV.2. The LESSOR shall maintain the car in a condition that corresponds to its purpose, bearing the costs of all ongoing repairs that are not caused by the fault of the LESSEE.
IV.3. The LESSOR shall provide a replacement car of the same or higher class, within 24 hours, in the event of any damage to the main car due to a factory defect or natural wear and tear of any part of the car, only if the damage has occurred on the territory of Republic of Bulgaria and cannot be repaired on the spot. The LESSOR shall not refund the amounts paid under the Lease Agreement if the LESSEE refuses the replacement car of a higher or similar class.
IV.4. The LESSOR shall not be responsible for any illegal acts committed with the leased car.
V. OBLIGATIONS AND RESPONSIBILITIES OF THE LESSEE
V.1. The LESSEE shall:
1. Use the car for its intended purpose and manage it with the care of a good owner, monitor the level of oil, water and antifreeze and, if necessary, take any necessary measures. The LESSEE shall have no right to carry out any repairs except with the express consent of the LESSOR.
2. When leaving the car, not leave the key and the registration certificate in it. If the car is stolen and the documents and/or keys are not in the LESSEE's possession, the latter shall bear full financial responsibility.
3. In the event of any damage/accident, the LESSEE shall immediately notify the LESSOR of this and provide full assistance in issuing a Road Accident Report, which he shall hand over to the LESSOR within 3 days of the occurrence of the event. By the 5th day after the event at the latest, he shall provide the car to the LESSOR for inspection and photos by the insurance company.
4. The LESSEE shall make full reimbursement of all costs for repatriation of the leased car, as well as for the elimination of any technical malfunctions and damages to the leased car, caused by intentional or negligent action or omission to act of the LESSEE’s, incl. refueling with an inappropriate type of fuel, ignoring an indication of the presence of a technical malfunction, driving off roads with durable road surface or on roads with damaged surface, etc.
5. The LESSEE shall make a payment for all detected deficiencies on the car, the value of which shall be determined according to a document issued by an authorized service center of the company or the relevant car brand.
6. The LESSEE and the Driver shall be jointly and severally liable for all obligations stipulated in the Agreement and for all compensations for damages or lost benefits resulting from any actions/omissions to act of the LESSEE and/or the Driver.
7. If the car, subject matter of the Lease Agreement, is stopped by the authorities of the Ministry of Internal Affairs, due to the LESSEE's fault, the LESSEE shall pay rent for the days for which the car was stopped from moving, plus an administrative fee of EUR 200.
V.2. TheLESSEE shall not:
1. Drive the leased car after using alcohol or other intoxicants;
2. Pass the driving of the leased car to other persons, transport people for payment, including under the conditions of shared travel, and transport hitchhikers;
3. Leave the borders of the Republic of Bulgaria with the leased car without being expressly authorized to do so in a separate power of attorney. In case of violation, the LESSEE shall pay compensation in the amount of EUR 500. In case of a claim by any third parties against the LESSOR for the period of the unauthorized departure of the leased car outside the borders of the Republic of Bulgaria, the LESSEE shall be responsible for any culpably caused damages. Any additional coverage paid by the LESSEE in this case shall be void and he shall be fully responsible.
4. Transport persons and cargo above the specified limit, use the car to tow other vehicles or trailers, drive the car outside the national road network or on roads without a permanent surface, use the leased car for races, training and/or driving courses;
V.3. Violation of the provisions of Art. V.1. and Art. V.2., as a result of which any damage is caused, shall exclude all insurances and the LESSEE shall pay the full compensation for the damage caused and profit lost.
VI. DAMAGES, PENALTIES, INDEMNIFICATION, FEES, ETC.
VI.1. The limitation or exclusion of the LESSEE's liability provided for in this Agreement shall not apply, and the LESSEE shall fully compensate the damages suffered by the LESSOR, including the costs of return, repair, rental benefits lost for the time needed to restore the car in its original form, in each of the following cases:
1. Road accident, damage, theft, fire or broken glass, in the absence of any Protocol of Findings or official note by the Police /Traffic Police/;
In the event of such protocol and a proven fault of the LESSEE, he shall pay the costs of bringing the car to the company's service center, as well as the benefits lost for the time the car is being repaired, as well as an administrative fee of EUR 25.
2. Theft or damage to any parts of the car and its equipment, missing details or missing child seats, ski rack, snow chains, and other similar additional equipment or accessories.
3. Damage to tires, rims, frame or chassis of the car, which were not caused by a fire or road accident, certified by a Police/Traffic Police/ Report.
In case of a flat tire, the LESSEE shall repair it at his own expense or purchase a set of two new tires at his own expense, if it is not possible to repair the damaged tire, unless he has paid an additional "Tire Insurance" fee.
4. Damages and losses incurred as a result of driving the car under the influence of alcohol or other intoxicants, as well as providing the car to a third party who is not authorized under the Agreement or who does not have a valid driving license.
5. LESSEE’s failure to return the registration certificate, the key and the remote control of the car, the "Civil Liability" policy /together or separately/ in case of theft from the car by any third party.
6. In case of damage caused by using the car for a purpose different from its intended purpose and on roads that are not intended for passenger cars, as well as transporting large, bulk or other loads.
7. In case of any technical damage caused as a result of careless and incompetent treatment of the car. The damage caused shall be proven by technical expertise and in this case the LESSEE shall pay the costs of restoring and repairing the car, as well as any benefits lost at the amount of the rent for the days the car was under repair.
Due compensation and penalties shall be determined on the basis of a document issued by an authorized service center of the company or the relevant car brand. In addition to the costs of the damage, the LESSEE shall also compensate the LESSOR for all costs for road aid or transportation to the place of the event and the service center, rent for the days of repair according to the official price list of the LESSOR as well as all penalties paid by the LESSOR and payable by the LESSEE and obligations to any government and municipal authorities and third parties and the corresponding administrative fee in the amount of EUR 25.
VI.2. In case of any loss, destruction or theft of the registration certificate, key, remote control, technical inspection sign and car registration numbers, the LESSEE shall pay the costs of their restoration in double amount, as well as a 5-day-stay fee for the relevant period and an administrative fee of EUR 25.
VI.3. In the event of an accident, damage or theft of the leased car, in which none of the hypotheses of Art. VI.1. has been fulfilled, the LESSEE has complied with the Road Traffic Act and has not paid the "Full Coverage" additional fee (Super TP, Super CDW) to the insurance, he shall be liable up to the amount of the deposit he has provided.
VI.4 Optionally, after an additional payment by the LESSEE, a "Full Coverage" fee (Super TP, Super CDW) can be added to the insurance and the LESSEE shall be released from financial responsibility in case of an accident, damage or theft of the car, in the event that he has complied with the Road Traffic Act and some of the hypotheses of Art. VI.1. have not been fulfilled.
VI.5. Upon delivery of a replacement car in the event of an accident, damage or theft of the main contractual car, the LESSEE shall pay the cost of the delivery and rental of the replacement car. If a "Full Coverage" fee is paid to the insurance and the accident is not the fault of the LESSEE, the rental price of the replacement car shall be paid by the LESSEE.
VI.6. When handing over/accepting the car beyond the working hours, a fee of EUR 15 /EUR 30 shall be charged, depending on the charging conditions, published in detail on the company's website.
VI.7. The LESSEE shall pay any fines and any other type of penalties that are imposed by the control authorities on the driver during the use of the car for his non-compliance with the Road Traffic Act of the Republic of Bulgaria or any other regulatory provisions. In these cases, the LESSEE shall pay an administrative fee of EUR 25. In case of refusal to pay, the LESSEE's personal data shall be provided to the traffic police authorities upon receipt of electronic tickets, etc. and after the end of the Agreement for the time during which the car was used.
VII. FINAL PROVISIONS
VII.1. All issued not settled herein and arising out of this Agreement shall be governed by the provisions of the applicable law.
VII.2. By signing this Agreement, the LESSEE agrees to have the data from his personal documents – passport/identity card and driver's license copied, subject to Art. 189 of the Road Traffic Act.
This Agreement was executed and signed in two equal copies – one for each of the parties. The handover protocol is an inseparable part hereto.