CONTRACTING PARTIES
SC H&I OVAL TRADING SRL,having its working unit in Brasov ,57 Calea Bucuresti street, represented by Mr.
Haralambie Iannis, Administrator, as LESSOR.
and
Mr.Mrs........as customer , adress.........., having ID......., issued by............, the........., PIN..........., and the driving license series/no........., categ.B..., the........, tel............
1. AGREEMENT OBJECT:
1.1 The rental of a vehicle ..............brand......., model........., registration plate........., for a period of...... days, starting with......., time........, pick up adress........., until......., time........, drop-off adress..........,
The total value of the rental is of......., RON.(......EUR).The payment is made in.........Liability........RON.
2. RENTAL GENERAL CONDITIONS:
2.1 The customer must read and accept this rental conditions by signing the agreement.The customer must agree with all the provisions of this agreement.The LESSOR reserves his right to refuse the rental or the prolongation of it.
2.2 The customer must be 21 years old he/she must be owner of the national or international valid driving license with a seniority of at least one year , and to present a valid identity card.The Lessor will make photocopies of the driving license and identity card of eache driver specified in the agreement.
2.3 For customers whith age between 21 and 25 years a supplementary liability of 100 Euro is required, besides the corresponding liability for the car that will be rented.
2.4 In the rental rate are icluded the RCA and CASCO insurances, the tolls, the maintenance and the periodical technical revisions, additional chauffeur 24h/24, 7days/7 road assitance in case of accident or mechanical damage, remplacement vehicle in case of a damage that cannot be solved on the spot.
2.5. All the vehicles are supplied and must be returned with the fill done. If the gas tank is not full at the return, the value of the missing fuel is charged according to the Lessor’s estimation.
2.6. The rental is allowed only on Romanian territory.
2.7. The pick-up and the drop-off of the vehicle is made in the place, date and time established by the customer together with the Lessor and which are specified in the agreement. The return of the vehicle in an another place than the one in which it was picked-up is made only with the permission of the Lessor and may suppose supplementary fees.
2.8. The rented vehicle may be driven only by the Customer, by the persons specified in the agreement as additional chauffeurs and by the Lessor.
2.9. The rented vehicle must be used according to the use instructions of it and according to the indications of the Lessor. Any damage must be notified to the Lessor when it was ascertained and all the limitation measures taken for it.
2.10. In case of damage the customer undertakes to fulfil all the formalities for the damage statement foreseen by the law.
3. PAYMENT CONDITIONS
3.1. All the rental rates are established in Euro and include VAT. The value of the rental is invoiced in RON at the National Bank of Romania rate+ 0.5% from the day of the invoice issuance. The payment is done in advance, at the signing of the agreement.
3.2. The customer pays at the signing of the agreement the amount of ……. EURO as liability, if the car is damaged. The withheld liability will be returned to the Customer when he/she drops off the rented vehicle in the same condition in which it was picked up (according to appendix 1).
3.3. Every rental has a damage franchise established in Appendix 2, called also damage liability. The liability is invoiced by the Lessor to the Customer only in the following conditions:
- inappropriate maintenance of the vehicle, which lead to faults and destructions (tyre cutting, puncturing or explosion, rims deforming, intended flaws of the engine, seat upholstery, dust covers or registration plates deterioration, the missing of the objects specified in the handing over – receive chart)
- damages provoked during the driving of the vehicle by unauthorized persons (unauthorized = which are not observing the rental conditions concerning the age of the driver, category seniority for the driving license).
- damages (accidents) caused to the rented car, and the non effectuation of the mandatory procedures for the ascertaining of the damage by the authorized Police bodies,
- damages (accidents) brought to the rented car, ascertained by the authorized Police bodies, as existing because of the Customer’s fault or having an unknown author (includes also the case in which the vehicle is found hit in the parking lot).
- the theft of the rented vehicle , of the original keys or of the plate numbers.
3.4. The vehicle has a CASCO insurance. The insurance does not cover also the lost, theft or destruction of the goods belonging to the Customer or to the persons accompanying him, found in the vehicle.
3.5. The rental rate per day is offered depending on the rental period, in the case of anticipated return (before the expiring date of the rental) the paid amounts are not returned, excepting the Lessor’s initiative.
3.6. At the return of the vehicle, in case of announced delay of up to an hour in comparison with the date and time specified in the agreement, there are no supplementary charges. The Lessor reserves his right to have a supplementary rate according to the following calculation: for a notified delay of 1 to 3 hours, there shall be charged a supplementary rate of half a day of rental at the standard rate; for a notified delay of more than 3 hours there will be charged a supplementary rate equal to the value of a rental day at the standard rate. By standard rate we mean the rate for a rental day according to the rented car. The notified delay cannot exceed 24 hours from the specified term in the agreement.
3.7. For the delay not notified there shall be charged the rates for the notified delay (according 3.6) plus a supplementary rate of 5 Euro for each hour until the drop-off of the car.
3.8. All the rates from paragraphs 3.3, 3.6 and 3.7 shall be paid by the Customer when dropping-off the car on grounds of the payment document issued by the Lessor.
3.9. In the rate there are not included the fuel cost, which represents the responsibility of the Customer.
4. THE LESSOR’S OBLIGATIONS
The Lessor has the following obligations :
4.1. To transmit to the Customer the using right of the vehicle representing the object of the agreement by handing over the vehicle: the handing over – receiving chart, the handing-in of the photocopies of the car documentation (registration certificate, RCA insurance policy, rovignette ).
4.2. To hand in to the Customer, according to the agreement and subsequently to the effectuation of the payment, in a functioning condition and according to the technical norms of the producer on grounds of a handing over – receiving chart.
4.3. To replace the vehicle with an another one from the same category or of a superior category, within the limits of the available cars in the lot, if the vehicle has suffered damages that cannot be solved on the spot.
4.4. To provide to the Customer road assistance during the entire period of the agreement.
4.5. To ensure to the Customer the peaceful use of the vehicle, when he/she fulfils exactly his/her obligations.
5. CUSTOMER’S OBLIGATIONS
The Customer has the following obligations :
5.1. To observe exactly the terms and conditions of this agreement and of its appendixes.
5.2. To pay the value of the car rental in observance of the conditions foreseen in the 3rd Chapter of the agreement.
5.3. To pick-up the vehicle and to drop it off in the same conditions, according to the handing over – receiving charts. He will also return in good condition the key set received. In case of keys loss or damage he/she agrees to pay the amount of 100 Euro according to conditions specified in par. 3.1.
5.4. Not to use the vehicle for taxi activity, driving school, auto sports, protection and surveillance activities, transport of flammable or dangerous substances, pushing or auto towing.
5.5. Not to allow the vehicle to be driven by other persons than the ones specified in the agreement. If otherwise, in case of damage, he/she will pay entirely the cost of it. In the case of a total damage, because of the Customer’s fault, he/she undertakes to pay the difference of the rate between the estimated value of the vehicle and the amount paid by the insurance company.
5.6. Not to sell, pledge or benefit of the vehicle in any other way than the one established in this agreement.
5.7. To pay the value of all damages brought to the vehicle, and/or to third parties from his/her fault during any infringement of the law specified by the legislation in force, including the driving of the vehicle under the influence of alcohol, products similar to or drugs, psychotropic substances or medication having similar effects.
5.8. To pay entirely the tickets given for breaking the circulation rules on the public roads, the tickets resulted from the illegal parking and all the costs resulted from the actions of the local authorities with respect to the vehicle representing the object of this agreement, during its rental.
5.9. To notify the Lessor, at his request, about the whereabouts of the vehicle.
5.10. The customer undertakes to allow the examination of the vehicle by the Lessor, within maximum 24 hours from his request.
5.11. To return to the Lessor the rented vehicle under the term and conditions of this agreement and pay for all the expenses caused by the bringing of the vehicle if the dropping off place is not observed.
5.12. In case of vehicle’s theft, the Customer undertakes to notify immediately the Lessor and to declare it, when the infraction is ascertained by the police bodies.
5.13. The following situations are compared to the vehicle theft by the Customer or with the complicity of the Customer:
- the exceeding of the returning term of the vehicle with more than 24 hours in the absence of an agreement between the parties concerning the prolongation of the rental period and the payment of the value of this prolongation.
- the absence of the police bodies notification in case of vehicle disappearance, the absence of the complaint confirmation and the absence of the original key of the car.
6. THE PROLONGATION, THE CESSATION AND ANNULMENT OF THE AGREEMENT
6.1. The rental agreement may be prolonged by the agreement of both parties and by concluding a reader to the agreement. The intention of the Customer to prolong the agreement must be notified to the Lessor with at least 24 hours before the expiring date of the agreement. The agreed rate shall be paid in the same conditions stipulated in chap. 2 of this agreement, and the liability is returned to the Customer, when dropping-off the vehicle.
6.2. The rental agreement cesses legally at the end of the rental period. The obligations born from the agreement may exceed the rental period (payment terms, tickets received subsequently by the Lessor etc.)
6.3. The rental agreement may cease before the expiring of the term through the agreement of the parties or as an effect of its annulment.
6.4. The Lessor may annul this agreement without any previous formality and without putting in delay, in the following situations:
a) Dissolution, liquidation, reorganization or initiation of the bankruptcy procedure for the Customer;
b) Beginning of the penal investigation against the Customer, or of his/her representatives;
c) Death of the Customer or the lost of his/her acting capacity ;
d) The infringement of any clause agreed by the parties through the conclusion of this agreement;
6.5. Both in the case of the cessation of the agreement before the term as well as in the case of the annulment, the Customer must drop-off the vehicle within 3 hours from the annulment moment at the headquarters of the Customer in the same condition in which he/she picked it up.
7. THE RETURNING OF THE VEHICLE
7.1. At the expiring of the rental duration the Customer must return the vehicle at the time and place specified in the agreement, in the same condition in which it was picked up.
7.2. If the Customer delays unjustifiably the dropping off of the vehicle, the Lessor has the right to pick it up from the possession of the Customer on the expense and risk of the latter.
7.3. If the Customer does not return the rented vehicle and does not prolong the rental period, he must pay the penalties calculated on grounds of the rate from the list of 3.6. and 3.7.
8. FINAL DISPOSITIONS
8.1. The handing over – receiving chart (appendix 1) is an integrant part of this agreement.
8.2. Starting with the handing over of the vehicle and until the re-entering into possession of it, the Lessor is exonerated of the responsibility for the damages brought to third parties by the vehicle rented to the Customer.
8.3. The Customer undertakes during the entire duration of the rental all the obligations born from the use of the vehicle, directly or through the persons indicated in this agreement.
8.4. The Customer is rightfully put into delay for all the obligations undertaken in the agreement and not observed exactly with respect to the terms.
8.5. The Lessor reserves his right to recuperate from the Customer any amount of money and the expenses due to its recoup, according to the Romanian laws in force concerning the compensation, as a consequence of the infringement by the Customer of the obligations representing the object of this agreement.
8.6. This agreement complies with the laws of Romania. Any litigation born from or with respect to this agreement shall be solved first amiably, and in case of failure the parties will address themselves to the competent courts of law.
This agreement has 3pages and it was concluded and signed in 2 counterparties, one for each party.
SC H&I OVAL TRADING SRL
Agency Manager: IANNIS HARALAMBIE
