TERMS AND CONDITIONS OF HIRE FOR RENTAL AGREEMENT
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.
The various notions to which their 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 hirer” means the drivers and payers mentioned in the hire contract and those signing it, who are deemed hirers.
“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 program at the beginning of your rental.
You can travel abroad Romania with a written authorization from Europcar Romania. This authorization must be requested with at least two days, exempt weekends, before you want to pass the Romanian border.
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 license and the form of payment for your hire.
Any driver must have held for at least 12 months a currently valid driving license, 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 hirer’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 authorization 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 mode and, 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 Traffic Code and in accordance with its intended use which, for a passenger vehicle, means mainly the carriage of persons on a gratuitous basis.
CAUTION: In particular, you may not use the rental vehicle:
*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 a national / 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 (if any).
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 km, tire pressure, etc.) in accordance with reasonable and prudent use. The hirer 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 the 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 hirer shall pay for mileage on the basis of 500 km 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-minute 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 office as a priority, to extend the rental agreement and to pay for the extended rental period.
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, the hire contract may be terminated as of rights as soon as the Company is informed by the judiciary authority or hirer.
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 hirer. In the event of accident, the hire contract shall end upon delivery to the company of the accident report duly completed by the hirer and any third party involved.
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 hirer, the various contributions related to the supplementary insurance or waivers taken out.
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, unless the hirer offers another means of payment accepted by the company.
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 hirer 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 hirer 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, pays the missing fuel in the rented vehicle's tank at the check-in.
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 deposit amount covers the extension of rentals or additional charge which might appear at the end of rental. The renter explicitly agrees to pay full rental charges by the 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 estimated rental charge + 500 EUR will be required. At the end of the rental, the deposit will be released. If there are damages to be charged, they can be charged from the blocked deposit.
5.3 Payment conversion
The renter who admits paying 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 OR THEFT TO THE VEHICLE HIRED
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 119.
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. 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.
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.
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
Str. Oasului nr. 6, Ilfov, Otopeni, Romania