TERMS AND CONDITIONS Chapter I Object of the Agreement
Art. 1.1 The object of the present agreement constitutes the car rental agreement between the Lessor and the Lessee.
Art. 1.2 The rental shall be done according to the Lessee’s requests. The parties shall undersign the agreement which shall contain on its front page the identification data of the rented vehicle, the duration of rental as well as the price/day without VAT expressed in Euro.
Art. 1.3 The vehicles shall be handed over / taken over based on a protocol which shall contain the data of the person who shall hand over / take the vehicle, the no. of km at the moment the vehicle shall be handed over / taken over, the inventory of the vehicle, the optical status of the vehicle when handing it over / taking it over, the vehicle’s hand over / take over time.
Chapter II The Price and the Form of Payment
Art. 2.1 The price owed by the lessee is the day price mentioned in the agreement, according to the rental period and for a limit of 300 km driven/day. The rentals shall be done from Monday to Friday between 09.00 and 17.00 o’clock. For extra program rentals there shall be collected a 10 Euro tax. The handing over or taking over of the vehicles at Timisoara Airport shall be surcharged with 10 Euro. The supplementary driven km shall be surcharged with 0.10 Euro/km.
Art. 2.2 The Lessor shall issue an invoice at the beginning of each rental operation. The counter value of the rental services shall be paid in advance and in the case of a payment with credit card, there shall be applied a 2,5% commission. If the payment shall be done by banc transfer the Lessee is obliged to pay at the payment date mentioned in the invoice. If he does not fulfil this obligation the Lessor reserves himself the right to suspend the contract until the full payment has been done. The payment shall be done in Ron at the Euro exchange rate of Volksbank from the invoice date + 0,5%.
Art. 2.3 At the rental date the Lessee must prove the payment.
Art. 2.4 To the prices mentioned in the present agreement shall be added the 19 % VAT rate.
Chapter III Other Taxes
Art. 3.1 In case of handing over/taking over the vehicles at another address as the AWR Lease Services headquarters, there shall be surcharged a tax of 0.25 Euro/km, round-trip from the AWR Lease Services headquarters and to the place handing over/taking over of the vehicle shall take place.
Art. 3.2 The Lessee obliges himself to hand over the vehicle clean. If not, he shall have to pay a 10 Euro penalty.
Art. 3.3 The Lessee obliges himself to hand over the vehicle with a full tank. If not, he shall have to pay 1,5 Euro / Litre.
Art. 3.4 All the costs connected to the use of the vehicle (fuel, toll, parking gees, fines) shall be paid by the Lessee.
Art 3.5. The Lessee is obliged to deposit a guarantee of 300 Euro. This guarantee shall be paid back at the date the present agreement shall expire and is a kind of franchise of the Lessee for the case he provokes a deterioration of the vehicle, including in case of vandalism and of damages produces while standing or because of the common fault of the drivers involved in the accident.
Art. 3.6 The first two hours after the expiration of the agreement are free of charge. The next 4 hours shall be charged with ½ of the tariff for one day. If you exceed with 6 hours the agreement expiration term, you shall have to pay the tax for an entire day. If you exceed with 2 hours the handing over term stipulated in the agreement without prior written notification, we shall communicate to the police that the car has been stolen.
Chapter IV The Obligations of the Contracting Parties Art. 4.1 The Lessor has the following obligations:
a) To ensure service, changeless break-down service and replacement vehicle (at least one of the same class as the rented one) during the entire renting period, if the damages did not appear because of the Lessee.
b) To conclude the CASCO and RCA insurances for the vehicles.
c) To provide the Lessee with the requested vehicles or with similar vehicles, these must properly run and comply with the legal technical norms.
d) To ensure service, changeless break-down service during the entire renting period, if the damages did not appear because of the Lessee.
e) To hand over the vehicle clean and with the tank full.
Art. 4.2 The Lessee has the following obligations:
a) Not to use the vehicle in auto competitions, off-road or for hunting activities.
b) In the case the vehicle has been involved into an accident, the Lessee must present to the Lessor all the documents about the ascertained facts drawn up by the police.
c) In case of a damage produced because of the Lessee or through an oversight of him, he shall be obliged to cover the costs for not using the vehicle during the period of time it takes to repair it or, in case of total damage, until the insurance company pays the due sum.
c) The standing cost is equivalent with the tariff to be paid for that period of time calculated according to the effective tariffs. These damages shall be charged according to the work estimate drawn up by an authorized car service.
d) To play for all the damages produced by not observing the stipulations of the present agreement or by the unreasonable exploitation of the rented cars.
e) To cover all the damages produced in the following situations, if they appeared because of his fault:
1. - the failure to present the documents issued by the police in case of a damage –the proof of repair, the protocol, the Appendix no. 2 of the insurance.
2.- in the case the vehicle has been stolen he does not present, together with the proof (the protocol) received from the police, the original documents and the key of the vehicle.
3.-the risks which are not covered by the Casco insurance (according to the Casco exclusions of the insurer)
4.-the driver was drunken or drugged at the moment in which the accident took place or the vehicle has been damaged, or he refused to submit himself to the drawing of biological specimen.
5.-the deterioration/damage of the gearbox or of the motor diagnosed by an authorized auto service has been produced because of the Lessee.
Chapter V. Communications and Notifications
Art. 5.1. The Lessee cannot ask for the denouncement of the agreement before its expiration or the reimbursement of the sum from the invoice issued together with the invoice issued together with the present agreement.
Art. 5. 2 It is forbidden to leave the territory of Romania without the written agreement of the owner. It is also forbidden to repair/to appoint a car breakdown service for the rented car without the permission of the owner
Chapter VI Force Majeure
Art. 6.1. Any circumstance which does not depend on the will of the parties, which happens after concluding the agreement and which hinders the execution of the agreement is considered to be a Force Majeure Case and exonerates the party who invokes it from its obligation to comply with its responsibility. This clause considers Force Majeure Case the circumstances such as: war, revolution, earthquake, floods, embargo.
Art. 6.2. The party which invokes the Force Majeure must inform the other party about that particular Force Majeure case within 2 days after that Force Majeure Case occurred.
Art. 6.3. If the announcement of the beginning and of the end of the Force Majeure Case is not done within the above mentioned period of time, the party which invokes it shall cover all the damages caused to the other party because of the non-advice within due time.
Chapter VII. Disputes
Art. 7.1. Any disputes which shall arise because of or in connection with the present agreement, referring to its validity, interpretation, execution or abolition, shall be solved by the court of competent jurisdiction in the Timis County, if they cannot be amicably solved.