1. The motor vehicle meet s all the technical conditions for use, working properly and having no dysfunctions or shortcomings.
2. The minimal period for rental is 24 hours.
3. The client shall pay for the vehicle placed at his disposal an amount of money equivalent in Lei according to the BNR exchange rate of the payment day.
4. In addition to the rent charges, the client is required a security deposit on the credit card (Visa or Mastercard) as a guarantee of proper usage of the motor vehicle for the entire duration of the contract.
5. The location of rental and the usage of the motor vehicle
a) If the Client wishes to rent the motor vehicle from locations situated outside Brasov or its neighborhoods - that is no more than 30 km away from Brasov , the Client is required to pay an extra charge. The same obligation applies if the motor vehicle is returned to the Owner at more than 30 Km away from Brasov .
b) The Client shall use the motor vehicle only for the transportation of persons, any use for other purposes making the Client liable for the possible damage of the motor vehicle.
c) The Owner preserves for the entire duration of the contract the right of full property of the motor vehicle offered for rental, which makes the object of the present contract.
d) The Client is not entitled for the entire duration of the contract to demand reimbursement of the expenses incurred for possible improvements or repairs made on his own initiative and for which he had the approval of the Owner; nor is he entitled to sell, sub-rent or make use of the motor vehicle he had been provided with in other conditions than those stipulated in the present contract.
e) The Client is entitled to use the motor vehicle outside Romanian borders
only with the written consent of the Owner who preserves the right to change the amount of the rent in accordance with the destination, the number of Km to be driven. The Client is forbidden to use the vehicle on the territories of Ukraine or the Republic of Moldavia unless assuming full responsibility.
f) All the necessary documents for using the motor vehicle are handed to the Client before the rental period starts on delivering the motor vehicle and must be returned to the Owner on dropping off the motor vehicle, otherwise the Client shall pay an extra charge of 10 Euro per day until the documents are handed back.
6. Rights and obligations of the two parties:
6.1. The Owner has the following rights and obligations:
a) To provide the client with the motor vehicle which should satisfy the standard conditions for the internal and international transport stipulated at Art. 5 (b), for the entire duration of the contract.
b) To provide the Client with the motor vehicle having full fuel tank
c) To ensure the motor vehicle FULL CASCO for the entire duration of the contract
d) To replace the seriously damaged motor vehicle within the shortest period of time if the collision took place 300 Km away from the rental location at most and only if another motor vehicle is available with the following specifications:
- if the damaged motor vehicle is from a superior class than the vehicle offered in exchange, the amount of the rent shall not change;
- If the damaged motor vehicle is from an inferior class than the vehicle offered in exchange, the Client shall pay the difference of class price.
6.2. The Client has the following rights and obligations:
a) To pay the price for the renting of the motor vehicle on taking it over. If the Client wishes to extend the period of the contract having the Owner's consent, he will pay the extra charge at its delivery.
b) To make use of the motor vehicle in normal conditions, according to the directions for use and maintenance provided by the manufacturer, detailed in the instruction manual.
c) To pay the fines issued by the authorities for infringements or offences committed by the Client during the rental period that makes the object of the present contract.
d) To bear the cost of the optional insurance of auto civil responsibilities valid outside the Romanian territory (Green Card), in case the motor vehicle is rented for international routes.
e) To return the motor vehicle when the period of contract ends with full fuel tank (otherwise the Client shall pay the quantity of fuel at the price of 1 Euro per liter) along with all the documents of the motor vehicle he received.
f) To possess a driving license for a minimum period of 12 months, valid in Romania . If the driver is another person than the Client, the liability for the damage caused in a possible traffic event rests upon the Client along with the driver, the Owner having the possibility to take legal action against any of the two persons in order to retrieve the prejudice.
g) In case of delay in delivery, the Client shall pay extra charges:
- If the delay is of one hour at most after the period of the contract expires, there will be no extra charge;
- starting with the second hour of delay until the fourth hour of delay, the extra charge to be paid for each hour equals 10% of the price for one day;
- starting with the fifth hour of delay, the Client will pay the full price for a day.
The Owner preserves the right to notify the police authorities about the theft of the motor vehicle, except for the case when the delay was announced by any means of communication.
h) In case of damage, except for those caused through major force, both the Client and the Owner's insurance company are responsible for all the expenses incurred for the repairs of the motor vehicle or its replacement with a similar brand, year of manufacture, endowment and market price.
If the Owner's insurance company covers all the expenses, the Client is exonerated from civil responsibility being nevertheless liable for penal acts, according to the law.
In case of accident, the Client shall notify the local Police. Otherwise, the insurance company will refuse to pay the damages and shall be paid by the Client/driver.
In case of accident caused by the driver being under the influence of alcohol and/or drugs or other narcotics, the responsibility for paying all the damages rests upon the Client.
i) To ensure a fee of 50 Euro per day for 24 hours, and all the expenses for the hotel accommodation, shall the Owner travel to another place than the rental locations in order to deliver the motor vehicle to the Client in the conditions stipulated in Art. 6(d) of the present contract.
7. Assignment and division of the contract
a) Neither party is entitled to transfer their rights and obligations under the present contract to a third person without the written consent of the other party.
b) The written consent shall be notified to the assignor within 24 hours from the date he required the consent of the assignee.
c) Shall the assignor not give an answer within the period of time mentioned above; it is considered a refusal of assignment of the contract.
d) Shall a clause or a part of this contract be declared null and void or cancelled, the other clauses will produce their effects, except the case when the clause or a part declared null and void contains a fundamental condition for the present contract.
8. Cancellation of the contract
8.1. The present contract is legally terminated, no arbitration being necessary shall any of the two parties:
a) Fail to fulfill an obligation considered to be fundamental to the present contract such as:
-providing the Client with the motor vehicle
-providing payment of the rent
b) Transfer its rights and obligations stipulated in the present contract without the consent of the other party.
c) Break any of the obligations.
8.2. Cancellation of the contract has no effect upon the obligations already mature.
9 . Major Force
a) The party that invokes major force shall notify the other party within 24 hours from the occurrence of the contingency and take all necessary steps in order to reduce the consequences.
b) If the above circumstances last more than 24 hours, the parties are entitled to call for the cancellation of the present contract, neither of them being liable to the other to claim penalties, interests or any other compensation.
c) The Owner is entitled to claim damages only if the Client does not carry out the obligations resulting from the present contract, following a written notification from the Owner.
10. Notifications, disputes, final clauses.
a) Any notification addressed by one party to the other is valid if sent by post, fax, telex or telegram, the date mentioned on the written document being considered as date of receipt.
b) If disputes can not be settled amicably, the two parties will address the court at the owner's headquarters.
c) Any modification to this contract shall be included in an additional document attached to the present contract and concluded between the contractual parties.
Car rental company Owner,
S.C. ECOLINE RENT A CAR ROMANIA S.R.L.
