I. REQUIREMENTS TO THE LESSEE
Art. 1 The LESSEE shall hold regular and valid personal documentation such as: passport/identity card, driving license and registration certificate. The permanent address of the LESSEE shall be indicated in at least one of these documents. Only the individuals listed in the Rental Agreement, i. e. the LESSEE and the ADDITIONAL DRIVER are allowed to drive the vehicle. In case of another driver not listed in the rental agreement, the LESSEE is fully responsible to cover the expenses of the vehicle and for any additional costs incurred, regardless of fees paid for release of liability or for any additional fees.
Art. 2 By signing the LESSEE declares that he/she is a licensed driver who holds a valid driving license, and that he/she has all necessary documents and categories in place to drive the rented vehicle. The LESSEE is solely responsible for obtaining an international driving license or a certified translation of the original driving license in the event that it has been issued in a non-Contracting State to Vienna Convention on Road Traffic, done at 8 November 1968.
Art. 3. In case of one or more additional drivers listed in the rental agreement, they are jointly and severally liable together with the driver specified as LESSEE.
DELIVERY AND COLLECTION OF THE VEHICLE
Art. 4. The vehicle shall be delivered and collected in good technical conditions and the equipment shall be specified in the rental form, which is an integral part of the agreement. The LESSEE shall return the vehicle and all documents delivered to him/her at the location agreed and specified in the agreement, at the predetermined time and in the same condition. Upon signing the agreement, remarks /if any/ regarding the appearance or the interior of the vehicle shall be noted in the rental form. Upon returning the vehicle, the same shall be inspected, and in case of detecting any damages or missing components or violation of the general terms and conditions of the agreement, the LESSEE shall cover these expenses in accordance with Article 28 bellow.
Art. 4. 1. The vehicle shall be delivered properly washed and cleaned. If the LESSEE returns the vehicle dirty and unclean, he/she shall pay a fee for cleaning the vehicle in the amount of € 15.
Art. 5. In the event the LESSEE’s refuses to sign the rental form or upon returning the vehicle, the rental form can be signed unilaterally by the LESSOR and a witness in order to attest LESSEE’s refusal. The findings written down in the form shall be also binding to the party refusing to sign it and they may be used as evidence in court.
Art. 6. At the request of the LESSEE, the LESSOR shall make another vehicle available to the LESSEE within 3 working days in case of a malfunction of the previous vehicle due to a manufacturing defect or a normal wear and tear of any part of the vehicle, but only if the malfunction occurred in Bulgaria.
Art. 7. Upon replacement of the vehicle with another one, the LESSOR shall extend the term of the agreement by the same tperiod of time the delivering of the replacement vehicle has been delayed. If the LESSEE refuses to accept the replacement vehicle, Art. 20 shall apply for all payments made up to the moment.
Art. 8. Upon acceptance of the vehicle, the LESSEE shall provide the LESSOR the deposit set out herein, in order to guarantee LESSEE’s good-faith in meeting his/her obligations hereunder and shall serve to compensate the LESSOR in case of damages to the vehicle that occurred during the term of the agreement. If the vehichle has been used correctly and there are no damages or missing components, LESSEE’s deposit shall be refunded in full upon returning the vehicle.
Art. 9. In the event the LESSEE has not fulfilled any of the obligations and responsibilities hereunder, the LESSOR is entitled to retain the entire deposit or part thereof in order to cover the costs for repairing the damages and as a compensation for lost profits. The retention of the deposit by the LESSOR in the above cases does not waive LESSEE’s material liability for damages sustained by the LESSOR in amounts exceeding the deposit.
Art. 10. If LESSEE’s deposit has been guaranteed by a debit or a credit card, the LESSEE gives hereby an irrevocable and unconditional consent to the LESSOR, upon using the deposit in full under the conditions seth for in the agreement, and even after expiration of same, to withdraw amounts exceeding the deposit. LESSEE’s signature to the authorization form on the first page of the rental agreement equals LESSEE’s signature to the POS-terminal statements. The LESSOR is not obliged to seek additional consent from the cardholder to collect additional payments in the following cases:
1. For any breach of the agreement where compensations and penalties has been provided;
2. Fees that the LESSEE failed to pay;
3. Additional costs incurred by the LESSOR while the rented vehicle has been used by the LESSEE, i. e. penalties for violation of traffic rules, and for missing accessories and damages to the vehicle.
Art. 11. Failure to return the vehicle for more than 24 hours after expiration of the deadline set forth in the agreement shall be considered as embezzlement under the definition in the Criminal Code. In this case, the LESSOR shall notify the competent authorities about the felony, reserving also all rights the LESSOR is entitled to under the agreement. The LESSEE hereby declares that he/she is aware of the following circumstances:
1. The rented vehicle is not property of the LESSEE. By this agreement the LESSEE receives the right to keep, protect and drive the vehicle. The LESSEE has no right to use the vehicle as an owner, otherwise the LESSEE shall be held responsible for embezzlement under Art. 206 of the Crimnal Code.
2. In case the LESSEE uses the vehicle in breach of this agreement the LESSOR reserves the right to retake possession on the vehicle without notice, at any time and at the expense of the LESSEE. If the vehicle is equipped with a GPS Tracking system, the LESSEE hereby gives irrevocable consent to the LESSOR to retrieve data from it in order to control whether the LESSEE is in compliance with the clauses hereof.
Art. 12. If the vehicle is equipped with GPS module and a remote shutdown system, the LESSOR has the right to block engine start-up upon:
1. Crossing the border to a country for which the LESSOR has not issued an explicit authorization;
2. Expiration of the rental agreement;
3. Risky driving and exceeding the maximum speed by 30 km/h or more;
4. Failure to pay the amounts due under the agreement in the specified date;
5. The vehicle has not been returned in accordance with the rental agreement and the LESSEE continues to keep the vehicles without the right to, i. e. the vehicle has been embezzled.
PRICES AND METHOD OF PAYMENT
Art. 13. The full rental price of the vehicle shall be paid by the LESSEE or the additional driver upon receiving the vehicle and signing the rental form. The deposit shall be paid via bank wire from LESSEE’s bank account to LESSOR’s bank account, or by credit card authorization on the name of the LESSEE or the additional driver. The validity of the credit card shall extend to the entire period of the rent. A cash deposit may be accepted with the express consent of the LESSOR only for certain classes of vehicles; however, in such cases a double deposit shall be required. The amount shall be kept in LESSOR’s officefor safekeeping.
Art. 14. In case of a road traffic accident, damage or theft of the vehicle, the amounts paid under the rental agreement are not refundable.
Art. 15. The rental price does not include the fuel. Upon returning the vehicle with partially full tank of fuel, the LESSEE shall pay the full amount of the missing fuel, and a fee of € 20.
Art. 16. Upon delivery of a replacement vehicle in case of a road traffic accident, damage or theft to the previous vehicle, the LESSEE shall pay the full amount fo the delivery of the replacement vehicle.
Art. 17. The rental price does not include fines and penalties imposed for violation of the Road Traffic Act of the Republic of Bulgaria, or of other regulations.
Art. 18. If the LESSEE wishes to extend the term of the agreement, he/she shall declare that in writing at least 48 hours prior the expiry of the agreement. The LESSEE may extend the term of the agreement and respectively to keep using the vehicle only upon LESSOR’s written confirmation and by paying the additional rental price before the primary rental agreement expire.
Art. 19. If the LESSEE has not received LESSOR’s written confirmation for extension of the term of the agreement and delays the returning of the vehicle, he/she shall be charged the following penalties:up to 4 hours – the rental price for one day; from 4 to 8 hours – the rental price for two days; for more than 8 hours – the rental price for 3 days, according to the current price list displayed at the office of the LESSOR. Each subsequent day of delay after the first one shall be paid threefold until the final return of the vehicle to the LESSOR.
Art. 20. If the LESSEE returns the vehicle before the expiry of the agreement, he/she is not entitled to a compensation or indemnity for the rest of unused days under the agreement.
Art. 21. If upon renting the vehicle the LESSEE has paid a Prepaid Fuel fee and has returned the vehicle with a remaining portion of that fuel, the amount of the unused fuel shall not be refunded to the LESSEE.
Art. 22. In the event that a maximum limit in kilometers has been specified in the agreement, and upon returning the vehicle turns out the the LESSEE has exceded that limit, he/she shall pay the extra kilometers at the price of 0.144€ per kilometers with VAT included
OBLIGATIONS AND RESPONSIBILITIES OF THE LESSEE
Art. 23. The LESSEE shall:
1. Use the vehicle for the intended purposes, and to manage and drive it with due diligence and in compliance with the Bulgarian Road Traffic Act.
2. To keep separately the key, the remote alarm and registration certificate of the vehicle, and to not leave them unattended inside the vehicle or in a location where they can be stolen.
3. Undertake all necessary measures for saving, limiting and/or reducing further damages to the vehicle in case of an accident, damage or malfunction.
4. Pay the administrative fees under Art. 30 and Art. 31 of the General Terms and Conditions, provided that the conditions for such payment are in place.
5. Upon vehicle immobilization by Bulgarian Traffic Police due to LESSEE’s fault, pay the rent for the days the vehicle has been immobilized plus an administrative fee of € 500.
6. In case of a road traffic accident, theft and damage or any incident to the rented vehicle, comply with the requirements of the Road Traffic Act and its Regulations to obtain the traffic accident statements and other documents issued by the Traffic Police. Upon damage, accident or theft, immediately inform the LESSOR and report all facts, circumstances and information /names of witnesses, etc. / related to the incident, and to fully cooperate with Traffic Police for the issuance of a traffic accident statement, which the LESSEE shall provide to the LESSOR within 3 days of the occurence of the event. No later than the 5-th day after the event, return the vehicle for inspection and photos by the insurance company. To fully cooperate with the LESSOR and the insurance company to clarify the incident and the damages to the vehicle.
7. The LESSEE shall not leave Bulgarian borders with the rented vehicle without being explicitly authorized in a separate authorization. In case of violation of the above the LESSEE shall pay a compensation in the amount of € 500. In the event of claims by third parties against the LESSOR for the period of the unauthorized use of the vehicle outside Bulgaria, the LESSEE shall be financially liable for the damages caused due to LESSEE’s fault. All additional coverages paid by the LESSEE in this case shall be considered invalid and the LESSEE shall remain fully responsible.
8. In case of a road traffic accident or damage, whatever the cause of the incident and regardless it has been LESSEE’s fault or not, the LESSEE shall pay all costs to transport the vehicle to the LESSOR’s office.
9. In case of traffic accident or damage occurred outside Bulgaria, whatever the cause of the incident and regardless it has been LESSEE’s fault or not, the later shall pay all costs to transport the vehicle to the LESSOR’s office.
10. Notify the LESSOR in writing at least 48 hours in advance if the LESSEE wants to return the vehicle before or after the deadline specified in the agreement.
11. Cover all expenses incurred by the LESSOR in connection with returning the vehicle in a location or time other than the one mentioned in the agreement.
Art. 24. The LESSEE shall be held full responsibility for the amount of the damages caused in the instances of a road traffic accident, damage or theft, in the event he/she has not paid the additional fee pursuant to Art. 29. 1, there is no violation of the Road Traffic Act and none of the hypotheses of Art. 25 bellow are in place.
Art. 25. The LESSEE shall bear full material liability for compensating the LESSOR in full for damages and lost profits, and the amount of the liability shall be calculated in accordance with Art. 28 bellow, in the following instances:
1. Traffic accident or damage due to LESSEE’s fault, including in the event of “Mutual fault. ”, in the event he/she has not paid the additional fee pursuant to Art. 29. 1, there is no violation of the Road Traffic Act
2. Theft of parts of the vehicle and its equipment, missing accessoires or snow chains, routers, children’s car seat, ski rack and any other similar extra equipment or accessories (if provided).
3. Traffic accident, damage, theft, fire or glass breaking, where an accident statement or a certification has not been issued by the Traffic Police.
4. Damages and losses occurred as a result of driving under the influence, as well as providing the vehicle to a third person not authorized under the agreement or has no valid driving license.
5. Damages to the tires, wheels, chassis or vehicle power-train, or glass breakage, that occurred during the term of the rent of the vehicle, that have not being caused by fire or road traffic accident certified by an accident statement issued by the Traffic Police.
6. In case of a theft of the vehicle – upon LESSEE’s failure to return vehicle’s registration certificate, key and remote alarm, or the third party liability policy /any of the mentioned/.
7. In case of loss, destruction or theft of vehicle’s registration certificate, key, remote alarm, MOT test sticker and license plate, the LESSEE shall pay a fee in accordance with Art. 28.
Art. 26. It is strictly forbidden: the usage of the vehicle for towing other vehicles or trailers; to take part in rallies, trainings, drills or tests; transportation of people, or large, in bulk or other type of cargoes, that exceed the standards permited by the vehicle manufacturer. Driving the vehicle outside the national road network or on dirt roads.
Art. 27. Smoking and transportation of animals in the rented vehicle is absolutely and unconditionally prohibited. If there are traces of smoke or animals being transported, the LESSEE shall pay a penalty of € 50.
Art. 28. The amount of the compensations and damages due by the LESSEE shall be determined by an authorized service shop, where the vehicles are serviced and maintained. In the event that the repair of the vehicle is more expensive due to a specific paint, make, model, higher class or damage, which is not indicated in the price list, the amount of the compensation shall be determined by an officer authorized by the manager. In the event the LESSEE disagrees with the compensations, penalties or fees set by the authorized service shop, he/she shall pay the damages to the vehicle at the price of the official repair shop of the specific model of the vehicle, the costs of the roadside assistance or transportation to and back from the repair shop, the rent for the days the vehicle has been in the repair shop as per LESSOR’s official price list, as well as the corresponding administrative fee.
Art. 29. Optionally, the following additional services may be provided after the LESSEE has paid the price and the services have been written down in the front page of the agreement:
1. CDW Insurance . It is written down in the Agreement as CDW Insurance. This fee reduces the LESSEES liability up to the amount of the security deposit only if a protocol from the Traffic Police has been completed, and all documents and keys of the vehicle have been returned. This fee shall have no impact in case of driving under the influence or breach of other LESSEE’s obligations under the General Terms and Conditions. It empowers the LESSEE with any of the following rights:
(1) In case of road traffic accident, damage, fire or theft on the territory of the Republic of Bulgaria, the LESSEE is entitled to receive a replacement vehicle.
(2) In case of road traffic accident, damage, fire or theft on the territory of the Republic of Bulgaria, all roadside assistance and transportation costs shall be borne by the LESSOR.
(3) In case of road traffic accident, damage, fire or theft LESSEE’s liability is limited to the amount of the security deposit.
2. Cross-border fee. It is written down in the agreement as "Cross-border fee". This fee is payable in the event that the LESSEE wants to use the vehicle outside Bulgaria. All countries for which the fee is paid shall be listed in the authorization letter.
3. Additional Driver Fee. You can find this fee in the agreement under the definition Additional Driver. This is a fee to include an additional driver in the agreement.
4. An Out of Working Time Fee for renting or returning the vehicle outside the working time or on a public holiday. You can find this fee in the agreement under the defintion: "pick-up overtime fee" and "return overtime fee" – our standard working hours are from 10:00 h to 18:00 h.
5. Winter Tires Fee. Specified in the agreement as Winter Tires. This fee is collected from the LESSEE from 01 November to 31 March of each year for vehicles equipped with winter tires.
6. Locations price for delivering/collecting the vehicle at a location chosen by the client, that is different than our main office location at 10 Nedelcho Bonchev str. It is pointed out in the agreement as „Locations price"/
7. “Tire & Rims insurance” fee. Specified as “Tire & Rims insurance"in the agreement. It waives the LESSEE from liability for damages on the tires or rims only upon submission of a Traffic Police report, and upon returning of all documents and keys of the vehicle. This fee becomes null and void in case of driving under the influence or driving outside the national road network or on dirty roads.
Art. 30. "Processing fee" amount is 15€– it is due in all cases where the LESSEE has unduly asked a representative of the LESSOR to visit the scene of a road traffic accident or in case of malfunction of the vehicle, as well as for handling a fine or a ticket issued under the Road Traffic Act.
Art. 31. The Administrative Fee amounts €100, and it is collected in all cases of road traffic accident, theft, damage or any incident concerning the rented vehicle, whatever the cause and regardless it has been LESSEE’s fault or not.
Art. 32. CDW insurance under item 29. 1 does not waive the LESSEE from his/her obligations and responsibilities under Section IV of the General Terms and Conditions of the rental agreement, and does not cover partially missing components, lost parts or accessories and damages to the interior of the vehicle: upholstery, dashboard, seats, boot, etc.
V. FINAL PROVISIONS
Art. 33. All amendments to the agreement and all documents concerning its implementation shall be deemed valid when made in writing and signed by the authorized representatives of the parties.
Art. 34. In case of matters of disagreement between the parties the Bulgarian language of this Agreement and its General Terms and Conditions shall prevail. Any unresolved disputes between the parties shall be brought before the competent Sofia City Court.
Art. 35. To all issues and cases arising out of the agreement the current legislation shall apply. This agreement has been made and signed in two copies, one for each party.
The rental form constitutes an integral part of the agreement.
Art. 36. By signing this agreement the LESSEE gives his/her explicit consent to the LESSOR to collect and process LESSEE’s personal data and to photocopy LESSEE’s passport, identity card, driving license and registration certificate under the Personal Data Protection Act, and making this data available to third parties in compliance with the Road Traffic Act and the Commercial Code.