 TERMS OF USE |
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| 1. Duration of the contract |
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a) The contract is concluded for a period of at least 24 hours, commencing on the date and hour when the contract is signed and until the same hour of the next day.
b) The firt 2 hours after the said 24 hours are free of charge.
c) The time exceeding these 2 hours shall be charged as a full day. The additional day shall be charged in the same terms and conditions as those of the contract and the owner has the right to withhold the due amount out of the security.
d) Exceeding the term with over 12 hours is only possible with the owner's agreement, otherwise the later reserves the right to announce and declare the vehicle as stolen and the costs for recovery of the rented vehicle shall be borne by the lessee.
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| 2. Taking over the vehicle |
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a) The vehicle can be delivered at an address designated by the lessee, this service shall be charged with 0,30 Euro / km.
b) The vehicle shall be rented with full fuel tank and should be returned in the same condition, otherwise it will be charged with 2 Euros / liter.
c) The mileage limit included into the rental is 350 km / day. Should this limit be exceeded, the additional km shall be charged with 0,10 Euro / km.
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| 3. Obligations and securities |
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A. The rentor undertakes
a) to be at least 21 years old and holder of an at least 2 years old driving license valid for the type of vehicle rented
b) to use the motor vehicle with the care of a good owner
c) to return the motor vehicle at the hour and on the place as stipulated in the contract
d) to declare any and all additional drivers
e) not to sub-lease the motor vehicle
f) not to carry more persons than the maximum number of seats as indicated in the registration certificate
g) not to use the motor vehicle in racing, off-road competitions or hunting activities
h) not to use the motor vehicle in other scopes than it was manufactured for, e.g.according to the recommendations of the manufacturer
i) not to carry other persons or goods against payment
j) not to carry products, bonds or money without accompanying documents
k) in case of eventual repairs he/she shall turn to the nearest workshop and shall notice the owner. For repairs exceeding 20 Euro the agreement of the owner is required
B. The rentor is liable for any and all damages caused under the following circumstances:
a) The damage of the motor vehicle occured as a result of entering flodded areas or crossing of water flows
b) Damage of the gearbox
c) Deliberately caused damage
d) Damage occurred during perpetuation of acts incriminated by the traffic regulations as crimes, even if these acts hasn't been perpetuated on public roads, as well as deliberately perpetuated crimes
e) He/she drove the motor vehicle under the influence of alcohol, drugs or other substances with similar effect, and in case of declining submission to alcohol or fatigue test
f) Damages occurred if the driver is not holder of a driving license, or the driving license was not valid for the given vehicle category, or the driving license was suspended, rendered void or retained for suspension, without being released a provisional driving permit
g) Damages occurred during a passage, tunnel or rail-road crossing as a result of uncompliance with the related traffic regulations
h) Damages occurred by gross misdemeanor of the driver. By gross misdemeanor it is understood: leaving the vehicle in uninhabited areas or abandon it in traffic jams excepting the case in which this is expressly requested by the police authorities or in case of force majeure, in which the life or the corporal integrity of the vehicle passangers is threatened
i) In case of theft of the motor vehicle, the papers and the keys of the motor vehicle are not returned by the rentor when the justifying police documents (report) are submitted
j) When provisions of point d, e, g, h from sect.2 letter A weren't observed
C. The rentor is obliged to deposit a security varying from 300 to 600 Euros, This is to be returned entirely at the end of the contract. It is constituted as a franchise of the rentor in one of the cases listed hereinafter. The security shall not be returned in the following cases:
a) The motor vehicle has deteriorations or damages caused by the rentor's guilt or negligence
b) In the moment of return and as a result of inadequate use, the technical state of the motor vehicle doesn't match the technical state in which it was taken over by the rentor.
c) In case of loss of the motor vehicle's papers or keys, as showed in anexed list.
d) In case the tapestry work, the dashboard or other elements of the motor vehicle's interior are deteriorated, as showed in anexed list.
e) In case of Sect.3 letters A and B.
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| 4. Obligations of lessor |
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Lessor undertakes to provide rentor with the motor vehicle object of this contract in good working order and according the technical requirements in force. Oil and maintenance of the motor vehicle is to be carried out by lessor.FULL-CASCO and CIVIL LIABILITY insurance are included in the price and concluded by lessor. The prices are without VAT.
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| 5. Attitude in case of accidents |
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In case of accident the police and the lessor are to be noticed and steps are to be taken for prepare of report, Proofs of evidence (witnesses, tracks) shall be preserved and the name and address of those involved shall be recorded. The lessee is expressly prohibited to give statements regarding the admission of guilt (the insurance cover is put in jeopardy)
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| 6. Payment terms |
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Payment is to be carried out upon signing of the contract by check, credit card, cash, or payment order into the proprietor's accounts, excepting the corporates contracts that are to be paid within 10 days from invoicing. In case of failure to pay the invoice on due time, delay penalties of 1% /day out of the total sum invoinced is charged. On payment with credit card, a commission of 2% of the invoice sum is charged.
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| 7. Taxes |
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Any and all expenses related to and arising from the use of the motor vehicle (road taxes, parking fees, fines, a.s.o.) shall be borne entirely by the rentor.
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| 8. Return of the vehicle |
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Rentor undertakes to return the motor vehicle on the date and hour as per contract, within working hours (08:20). Return of the vehicle off working hours can be made against a charge mutually agreed by the parties and provided by the contract. Return of the vehicle can also be done on other locations fixed in the contract The charge for this service is 0.30 Euro/km.
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| 9. Force majeure |
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Any circumstance beyond the control of the contracting parties that occures after the signing of the contract and that hinders it's performance is considered as force majeure that releases the invoking party from his obligations. In the sense of this provision, circumstances such as war, revolution,earthquake, floods, embargo are considered as force majeure.
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| 10.Litigations |
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The contracting parties agree to settle amicably any and all disputes arising from and related to the interpretation and performance of this contract. In case of failure to settle the disputes amicably they agree to turn to the competent courts of Timisoara City.
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