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General rental terms and conditions

TERMS AND CONDITIONS OF HIRE FOR RENTAL AGREEMENT

By entrusting this vehicle to you, Europcar Romania make a commitment to you and you to them, on the contractual terms and conditions of hire set out below, subject to force majeure as defined in Romanian Law.

Any deviation from these terms shall require prior consent in writing from the company.

 

1 – DEFINITIONS AND GENERAL CONDITIONS

The various notions to which there terms refer shall be construed in accordance with generally applicable law relating to leases.

The hire contract is made on a personal basis and may not be transferred.

“You”, “the renter” means the drivers and payers mentioned in the hire contract and those signing it, who are deemed renters.

“We”, “the company” means Europcar Romania.

“The vehicle” means a passenger car or utility vehicle let to you for the durations agreed under the Rental Agreement.

“Damage” shall mean any damage to the vehicle including glass damage, which shall include lenses, mirrors and lights.

“Theft” of the vehicle shall include vandalism theft of accessories and attempted theft.

“Travelling abroad” Romania is allowed in certain countries, conditions and costs according with Europcar Romania insurance programme at the beginning of your rental.

You can travel abroad Romania with a written authorisation from Europcar Romania.

This authorisation must be requested with at least two days, exempt weekends, before you want to pass the Romanian border.

 

2 – PRE-CONDITIONS FOR HIRE

You are required to give us, with supported evidence, all the essential information to draw up you hire contract and in particular your identity, address, the category and date of insurance of your driving licence and the form of payment for your hire.

Any driver must have held for at least 12 months a currently-valid driving licence, corresponding to the category of the vehicle hired. He or she shall also be aged over 21 (the age required may be higher for certain categories of vehicle).

You will be required to make, at the start of hire, a pre-payment in the foreseeable amount of the hire bill, plus the deposit.

 

3 – THE VEHICLE

3-1 The vehicle’s conditions

A document describing the vehicle’s condition is attached to your contract. You agree to put on it in writing, before departing the station, any apparent damage not described. If not, you shall be deemed to have delivered a vehicle complying with the statement.

We are unfortunately unable to accept claims relating to apparent damage not reported at the time of departure. You must return the vehicle in the condition in which you received it. Any reconditioning costs by the renter’s misconduct shall be added to the cost of hire, subject to the terms of the section “Optional contractual waivers”.

 

3-2 Use of the vehicle

You must never drive the vehicle elsewhere than Romania without a written authorisation of Europcar Romania (see definition, Article 1). In accordance with the principal of personal penalties, you are responsible for the offences committed during the term of the hire. Accordingly, you are informed that your references may be notified to the police authorities on demand.

You undertake to use the vehicle in a prudent and reasonable fashion and in particular, without being under the influence of alcohol, narcotics or any other substance liable to be detrimental to your driving ability, as laid out in the Highway Code and in accordance with its intended use which, for a passenger vehicle, means mainly the carriage of persons on a gratuitous basis and for a utility vehicle, mainly the carriage of goods.

We wish to draw your attention to the size of utility vehicles, which requires increase attentions for certain manoeuvres (reversing, for instance) and may make it impossible to use some road facilities (tunnels,, for which the maximum headroom is Signpost ahead, in accordance with the legislation.

CAUTION: Impacts on the top and bottom body-work are not covered by the damage waiver, subject to proof of force majeure.

In particular, you may not use the rental vehicle:

*for rehire;

*for carrying passengers for hire or reward;

*to carry a number of persons in excess of that mentioned on the vehicles registration certificate;

*to take part in rallies, contests or trials, wherever located;

*to give driving lessons;

*to push or tow another vehicle

*on a road unfit for motor vehicle, or the surface or condition of which evolve risks for the tires or parts under the vehicle;

*to commit an international offence.

*driving the vehicle off roads, mountains, etc.

The goods and baggage carried in the vehicle, including their packaging and fastening shall not damage the vehicle or cause unreasonable risks for its occupants. When you park the vehicle, even for a short stop, you undertake to lock the vehicle and to use the alarm and/or anti-theft devices fitted to the vehicle.

You should never leave the car unoccupied with the keys in the ignition. Failure to return the keys shall render the theft waiver void. In the event of damage or theft, you must forward to the company as soon as possible the accident report or receipt of theft report issued by the authorities, together with the vehicle’s keys and documents.

 

3-3 Maintenance – Mechanical problems

During your hire and according to the mileage run, you will be required to perform customary inspection (oil level in excess of 1000 kilometres, tire pressure, etc.) in accordance with reasonable and prudent use. The renter shall remain alert to any signal from the warning lights on the vehicle’s dashboard and shall take any necessary protection, such as an emergency stop.

CAUTION: Article 3-2 lists minimum obligations to be observed during your custody of the vehicle.

The vehicle is provided to you with five tires in a condition meeting the traffic-legislation requirements. In the event of damage to one of them otherwise than by ordinary wear and tear, latent defect or force majeure, you undertake to replace it immediately at your own expense with a tire of the same size, type, brand and wear.

In the event of the mechanical breakdown or accident, you are provided with an assistant service, included in the price of the hire.

If the odometer has not run for a reason other than technical malfunction, the renter shall pay for mileage on the basis of 500 kilometres per day.

 

4 – DURATION OF THE HIRE

4-1 Definition and computation

The renter agrees to return the vehicle to the company on the date specified by the hire contract, under penalty of civil and criminal proceedings. The hire duration shall be determined by indivisible period of 24 hours, starting from the time when the vehicle is made available; you are allowed, however, a 29-minutes tolerance at the end of the hire before a new period of 24 hours is applied.

If you wish to keep the vehicle beyond the duration specified in the contract, you are required to visit the Europcar departure agency as a priority, or otherwise, the Europcar agency specified by the departure agency (or, solely for rentals who are also holders of a EUROPCAR payment card, to the EUROPCAR station that will be indicated to you by your original check out station) and to pay supplementary fee and costs at each close of the hire contract.

 

4-2 End of the hire

The hire shall end upon return of vehicle, its keys and documents at the company’s counter, to a Europcar agent. In no event will you return the keys to persons present in the car parks and claiming to be Europcar agents.

In the event that the vehicle was to be returned without its keys, the cost of their replacement will be charged to the renter as well as bringing the vehicle back. Vehicle relocation will be charged with 0.50 EUR/km, (VAT included) to the nearest Europcar station.

The company shall bear no liability for property left in the vehicle at the end of the hire.

CAUTION: Only transfer of possession of the vehicle, documents and keys to the agent during the agency’s opening hours shall end the hire contract.

Reminder: You are liable until the end of the hire contract.

Exceptions: if the vehicle is confiscated or seized, the hire contract may be terminated as of rights as soon as the Company is informed by the judiciary authority or renter.

Any use of the vehicle detrimental to the company shall be cause for the latter to terminate the contract as of right.

In the event of theft, the hire contract shall end upon delivery to the company of the complaint lodged with the appropriate authorities by the renter. In the event of accident, the hire contract shall end upon delivery to the company of the accident report duly completed by the renter and any third party involved.

 

5 – PAYMENT

Renter shall be jointly liable for the cost of hire.

The estimated cost of hire and services is payable in advanced. It includes the hire fee computed according to the prices in force at the time of the contract’s signature, any fees or costs for optional accepted by the renter, the various contributions related to the supplementary insurance or waivers taken out, plus 20% which add the deposit and the evaluation of the fuel service specified in the Rental Agreement.

For payments made by bank card, only an authorization will be asked for at the time of hire. Upon return, the amount of the bill shall be charged automatically to the account corresponding to the card submitted, unless the renter offers another means of payment accepted by the company.

The client accepts to be charged on the same account the amount of excess charges and other charges in case of damage or theft of the hired vehicle.

Beyond 30 days hire, an invoice shall be issued, and shall be paid immediately, even if the hire continues.

If the due date for payment stated on the bill exceeded, the renter shall be liable, after notice, for late-payment interest on the amount due, at the legal rate plus a penalty of 0.1% per day over the due date of payment.

The renter expressly agrees that failure to make a single payment when due or delinquency shall entail immediate maturity of all outstanding bills, and entitle the company to claim immediate return of vehicles currently hired. The customer will pay all invoices for closed Rental Agreements.

 

5-1 Applicable prices

The prices applicable to the hire, supplementary services, and optional waivers or insurance shall be those in force at the time of the contract’s signature, and based on the information you have provided (duration, return station, etc.).

Any change of such information shall entail application of a substituted price, mentioned in the brochure for the agreed price.

• Gasoline is not included in the Basic Rental rate. The Company rents vehicles fully tanked and the customer must return the rented vehicle with the same quantity of fuel and also, pays the missing fuel in the rented vehicle's tank at the check-in at a price of 1.50 EUR /litre + 25 Euro refuelling service charge (VAT included). Amount of the missing gasoline is stated on the closed Rental Agreement

CAUTION: The customer is fully responsible for the rented car during his rental. Malfunctions caused by refuelling with improper fuel type will be charged with the amount of minimum 250 EUR from the deposit.

• The customer pays washing of extremely dirty vehicles (inside or outside) in the amount of 50.00 EUR (VAT included).

• The customer pays additional equipment Child Safety seat in the amount of 4.80 EUR per day, maximum 48.00 EUR per rental. Destroyed Child seat will be charged 120 EUR. Cleaning of very dirty Child seat will be charged 12.00 EUR.

• The customer pays snow chains in the amount of 1.20 EUR per day, maximum 18.00 EUR per rental. Replacement of damaged snow chains will be charged 60.00 EUR.

• The customer will cover full value of the damages which are not covered by Insurance Company, occurred on the following vehicle parts: wheels, wheel covers, undercarriage, rims, interior and radio.

• For Destroyed/ damaged tyre, the customer will be charged 240 EUR per piece.

• The customer will pay full value of the lost rented vehicle's key / alarm-key / vehicle’s documents 120 EUR per piece.

• The customer will pay the amount of 24.00 EUR for the lost vehicle's registration plate(s).

• For unauthorized return of the vehicle outside of Country border, customer will be charged for International One Way Rental regarding for the specific drop off Country.

 

5-2 Deposit

The deposit amount depends on the rented vehicle car group and the length of rental. The renter explicitly agrees to pay full rental charges at the check-in (end of rental).

If the renter is not taken out waivers charge (theft and/or damage), the deposit shall amount to the renter’s maximum liability, according to the category of vehicle made available, as specified in the Rental Agreement.

If the renter has taken out waivers charge for damage (CDW mentioned or ticked on the contract) or theft  (TWH mentioned or ticked on the contract) only a deposit equal to the non-reimbursable excess charge in the event of theft or damaged will be required.

The deposit shall accrue to the company in the event of damage caused by the renter or theft of the vehicle (subject to the contractual waivers specified below), to the extent of the damage suffered. If there is no damage and/or no theft, the deposit actually paid shall be refunded at the end of the hire, subject to the 21-day cashing period for checks.

 

5-3 Payment conversion

The renter who ejects to pay at the start of the rental with a credit card issued in a non- Euro billing currency has the choice to pay either in Euro, in USD or in RON.

The choice may be amended by the renter at the time of check in, when requesting a printed invoice, otherwise the check- out choice is considered final.

If for whatever reason the conversion can’t be processed, the transaction will be submitted in RON.

 

6 – LIABILITY IN THE EVENT OF DAMAGE TO THE VEHICLE HIRED OR THEFT

Customer is responsible for the rented vehicle, for the entire period.

Consequently, in case of accident without identified third party, the customer must complete an accident report and submit it five (5) working days but no later than the return of the car to the Europcar desk.

In the event of an accident identified the implication of third parties and the possibility of using their insurance policy,   customer's responsibility will be reduced to a payment for the claim file / loss caused by the unavailability of the vehicle, in amount of EUR 100.

In case of theft of the rented vehicle, customer is responsible for replacement cost of the vehicle according with the responsibility of rented vehicle group only if delivered to Europcar within a maximum of two (2) working days car documents, its keys and the report issued by authorities.

If the conditions are not met the above, the customer is responsible for the entire value of the rented vehicle at the market price, updated in normal wear / age / features.

This liability shall be limited if you have taken out the basic / additional insurance which reduces waivers for damage or theft specified under Article 7.

 

7 – OPTIONAL CONTRACTUAL WAIVERS

7-1 Damage and/or theft waiver

CAUTION: All these waivers apply only in Romania, during the terms of the hire contract and subject to compliance with articles 2, 3-2 and 4-2 of these terms.

In order to reduce your responsibility to the non-reimbursable excess charge amount, you may take out cover for the waiver charge for damage (“CDW” Collision Damage Waiver) mentioned or ticked on the contract and/or theft of the hired vehicle (“TW” Theft Waiver) mentioned or ticked on the contract, in consideration of a flat-rate payment per day of hire. Some of our prices include these waivers.


a) Third Party Liability – TPL – covers you in case you cause damage to someone or something, including passengers and their property, when using rented car. This insurance is included in the rate. Insurance terms of the TPL (RCA) are not valid on the territory of countries that are not mentioned on the vehicle insurance policy (Green card).The renter will pay full value of all damages and losses caused by accidents on that territory.

b) Collision Damage Waiver (CDW) - Coverage for accident and other collision damages on the rented vehicle.

Accepted CDW reduces, irrespective of fault, renter’s financial responsibility to the non-waivable amount for loss of or damage to the rented vehicle and its parts or accessories, except by or following theft or vandalism.
Regardless of whether CDW has been accepted or not, the renter is liable for full repair of the damage, if they have been caused by:
*Driving under the influence of drugs or alcohol (or pills with similar effects);
*If the renter didn’t stop after an accident and didn’t take the necessary actions, e.g. notifying the Police, obtaining names and addresses of parties and witnesses involved;
*Use for illicit / illegal purposes, e.g. smuggling, theft, illegal transport of items or goods;
*Driving whilst overloaded, over the speed limit permitted according to the vehicle’s Circulation Permit;
*Driving by unauthorized persons, i.e. under the age-restriction, not declared and written on the Rental Agreement;

*Using the vehicle for any kind of races or competitions, including racing pace making;
*Driving the vehicle off roads, mountains;
*Violation of: traffic lights, STOP sign, speed limit, entering in the opposite direction line, driving opposite in a One Way road;
*Damages to the underside of the vehicle, to the wheels and tires and to the interior space of the vehicle;
*Hydraulic shock or damages of the engine caused by lack of fluids.

• You are liable for reporting all accidents/other collision damages on the rented vehicle to the relevant Police authorities at the place of the accident, providing the official Police report and filling the Accident Report in our Rental station;

• In case of rented vehicle's accidental damage is not properly reported to the Police authorities, You are liable to pay full value of the damage, regardless of the purchasing the Collision Damage Waiver;

• You have to provide written report on the Accident Report, regardless of the purchasing the CDW.

 Insurance terms of the Collision Damage Waiver are not valid on the territory of countries that are not mentioned on the vehicle insurance policy (Green card).The renter  will pay full value of all damages and losses caused by accidents on those territories.

c) Theft/Loss Protection Insurance (THW) - Coverage for total loss/theft of the vehicle.

Accepted THW relieves renter financial responsibility for loss of or damage to the rented vehicle by or following theft or attempted theft.
Please note that in the unfortunate event of an accident the nearest police station must be informed and an accident report must be obtained.
CAUTION: Both CDW and THW condition are applicable only if Police protocol and accident report are presented. If not, renter will be responsible even if accepted CDW and THW for all damages to the rented vehicle. CDW and THW are valid only in Romania. Insurance for driving outside Romania is subject to special condition and rates.

The renter explicitly accepts to protect all interests of us and our Insurance Company in case of traffic accident in such a way:

• To take all accident witnesses' names and addresses;

• Not to leave the accident place before securing the rented vehicle from the accident place;

• To call and wait for the Police authorities in case of a serious accidental damage or in case of wounded passengers, even if it is obvious that other side was liable for the accident;

• To submit a written Accident Report to the closest Europcar's Rental Station.

You are liable for all consequences and damages that the renter may have and that arise from his negligence to obey to the rules set.

Insurance terms of the Theft/Loss Protection Insurance are not valid on the territory of countries that are not mentioned on the vehicle insurance policy (Green card).The Lessee will pay full value of the missing / stolen vehicle on that territory.

 

d) Additional Insurances – Medium Protection Package (includes Super Collision Damage Waiver - SCDW and Super Theft Waiver - STHW)

By contracting and paying Medium Protection Package you can reduce the deductible amount in case of an accidental/other collision damage up to the maximum amount for the selected car group stated in the Excess amounts price list, all liabilities have with purchasing basic insurances (CDW&THW), apply when Medium Protection Package is purchased (SCDW & STHW).

e)  Additional / Optional Insurances – Premium Protection Package

By accepting and paying in addition the Premium Protection Package, the financial responsibility in case of collision damage and /or theft will be reduced to zero, unless the T&C are broken or under the incidents of art.7-2 Invalidation of waivers;        


7-2 INVALIDATION OF WAIVERS

CAUTION: In case of accident / theft please contact the nearest Police station to obtain a police report. Failure to comply with this request shall cause the contractual waivers taken out to be voided.  

Drivers not specified in the hire contract, from whom the renter shall remain liable, are not entitled to the benefit of the collision, damage or theft waivers for the vehicle.

Failure to comply with any of the express terms of Articles 2, 3-2 or 4-2 and 7-1 here of shall cause the contractual waivers taken out to be voided. The renter or renters shall then be liable for the full cost of claim in accordance with generally applicable low governing liability.

CAUTION: Regardless of whether CDW has been accepted or not, the renter is liable for full repair of the damage, if they have been caused by:

*Driving under the influence of drugs or alcohol (or pills with similar effects);

*If the renter didn’t stop after an accident and didn’t take the necessary actions, e.g. notifying the Police, obtaining names and addresses of parties and witnesses involved;

*Use for illicit / illegal purposes, e.g. smuggling, theft, illegal transport of items or goods, etc.;

*Driving whilst overloaded, over the speed limit permitted according to the vehicle’s Circulation Permit;

*Driving by unauthorized persons, i.e. under the age-restriction, not declared and written on the Rental Agreement;

*Using the vehicle for any kind of races or competitions, including racing pace making;

*Driving the vehicle off roads, mountains;

*Violation of: traffic lights, STOP sign, speed limit, entering in the opposite direction line, driving opposite in a One Way road;

*Damages to the underside of the vehicle, to the wheels and tires and to the interior space of the vehicle;

*Hydraulic shock or damages of the engine caused by lack of fluids.

 

8 – INSURANCE

All our vehicles are covered by a “Third-Party Liability” policy in accordance with legislation in force.

 

9 – AGREEMENT REGARDING EVIDENCE

Any changes or addendums to this Rental Agreement are liable if signed by both parties.

The contract’s image shall be stored on the physically unalterable medium. The parties agree that this image shall have the legal validity of an original document.

 

10 – JURISDICTION

The Courts at the location of the company’s principal office shall have jurisdiction, to the extent permitted by law, over any dispute among tradespeople arising out of this agreement and which cannot be settled amicably.

In order to exercise your right to access or correction, or in order to object to disclosure of your personal data particularly to other commercial companies, you may wright to:

AHL Auto Rent – EUROPCAR FRANCHISEE IN ROMANIA

6 Oasului Street, Ilfov, Otopeni, Romania

office@europcar.com.ro

 

Call our reservations team: +40740044964

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