Terms and conditions

TERMS AND CONDITIONS OF RENTAL

1. OBLIGATIONS OF THE OPERATOR  VAG24 rent a car

1.1 To give the Client the right to use the vehicle which is object to Agreement by handing over the vehicle, filling in the Handover Protocol, giving the keys and the car documents (registration certificate, mandatory civil liability insurance policy) in original or copy.

1.2 To give the Client the vehicle in good operation conditions according to the technical rules of the manufacturer.

1.3 To provide the Client with roadside assistance during the entire contractual period 24h/24, 7days/7 in case of accident or mechanical breakdown.

1.4 To replace the vehicle (subject to availability) in case of damage that cannot be repaired on the spot, if the damage is not the fault of the Client.

1.5 In case that the operator will be unable to replace the vehicle, the Client will be refunded the cost related to the rent calculated pro rata to the period the vehicle could not be used.

1.6 The operator is not responsible for losses incurred by the Client in case of failure or damage of the vehicle, except the expenditure authorized by the operator for repairs.

1.7 Since the hand over and until the repossession the operator is exempt for responsibility of damages caused to third parties by the vehicle rented to the Client.

1.8 If the damage is caused due to the Client’s fault, the operator will decide if another vehicle will be rented or not to the Client. In case that another vehicle is rented, a new agreement will be concluded, a new deposit will be made and a new payment for the days following the damage. The payment that has been made for the damaged vehicle as well the safety deposit will not be refunded no matter the period of time the Rental Agreement was drafted.

2. OBLIGATIONS OF THE CLIENT

2.1 To be 21 years old, to be the holder of a national / international valid driving license, that must be presented together with a valid identity document.

2.2 Do not allow driving of the vehicle except by persons authorized by the operator mentioned in the Agreement or by the operator’s representatives.

2.3 Do not drive the vehicle under the influence of alcohol or any illegal substances.

2.4 Do not drive the vehicle outside the territory of Romania unless there is a written agreement of the operator.

2.5 To use the vehicle according to the manufacturer recommendations and indications of the operator.

2.6 Do not exceed the authorized maximum weight of the vehicle.

2.7 Do not drive the vehicle outside the roadway surfaces.

2.8 Immediately inform the operator regarding any fault or vehicle breakdown and follow the procedures indicated by the operator.

2.9 To not perform and allow technical interventions to the vehicle without the consent of the operator.

2.10 To accept temporary replacement of the vehicle for the technical periodic inspection or urgent interventions.

2.11 In case of damage, to carry out the damage declaration formalities according to the law, explained in Chap.7 of the Agreement.

2.12 To notify the operator, upon its request, on the whereabouts of the vehicle and to allow vehicle inspection by representatives within 24 hours of request.

2.13 To not use the vehicle for taxi, driving school, activities of pushing or towing, racing, competitions or for the purpose of transporting hazardous substances that can damage the condition of the vehicle.

2.14 To not use the vehicle for illegal purposes.

2.15 To not sell, pledge or dispose the vehicle in any other purpose than agreed in the Agreement.

2.16 In case of stolen vehicle the Client must immediately inform the operator and the police.

3. OBLIGATIONS FOR DELIVERY, REPLACEMENT AND RESTITUTION OF THE VEHICLE

3.1 The delivery and return of the vehicle shall be made at the place, date and time agreed between the operator and the Client as mentioned in the Agreement. Return of the car in a different place than the delivery shall be made only with consent of the operator and will generate extra charges. Restitution is effective upon signing the Handover Protocol by the operator’s representatives and by the Client.

3.2 In case of replacement a new Handover Protocol will be filled in.

If the insurance chosen is no longer valid or the vehicle is from an upgrade group the Client will assume the insurance fees for the current car or the difference.

3.3 The Client has to return the car with the same amount of fuel the vehicle had in the beginning of the rental period. Otherwise the Client agrees to pay the estimated missing fuel at the cost of 2€/L. No credit will be given for the extra fuel as compared to the initial amount provided by the operator.

3.4 Exceeding the km limit specified in the Agreement will be charged with 0,25 €/km.

3.5 In case that upon return the vehicle requires more than a standard procedure of washing in order to restore the status before renting, the Client agrees to pay administration fees of 50 €.

3.6 In case of loss or damage of keys the Client has to bear the cost of replacing them.

3.7 In case of loss or damage of the registration plates the Client will have to pay 50€/piece.

3.8 The following situations will be associated as theft by the Client or with his/her complicity:

а. Exceeding the period of restitution with more than 24 hours without an agreement between the Parties

b. Not informing the police about the missing vehicle; there should be a written complaint letter registered with the police and the original keys of the missing vehicle.

3.9 Restitution of the vehicle with no more than 2 hours delay will not determine extra fees only if it is announced at least 12 hours before the end of the Rental Agreement. For any delay of more than 2 hours, administrative fees in the amount of a full day price will be charged.

3.10 The absence of the delay notice will be charged as delay extra charges (as in 3.9) plus extra 5€/hour of delay until restitution.

3.11 In case that the Client does not return the vehicle and there is no extension agreement, penalties will be charged as per the price list (as 3.9, 3.10).

3.12 In case that the Client has delayed the restitution of the vehicle without agreement, the operator has the right to pick up the car on the risk and the costs borne by the Client.

3.13 The operator cannot be held responsible for objects forgotten in the vehicle by the Client after restitution of the car.

3.14 Refuelling is to be done only in the following stations: OMV, MOL and PETROM and the receipt has to be kept by the Client. Any breakdown or damage caused to the vehicle related to gasoline or diesel used will be fully borne by the Client if the proof of refuelling in the stations mentioned cannot be provided.

3.15 During the winter season, electrical parts such as mirrors, windows, door locks, which might be frozen, will not be pushed or forced. Any damaged caused will be fully borne by the Client.

3.16 In case that at restitution the vehicle is not clean both on the inside and outside, an extra fee of 10 € will be charged to the Client and the safety deposit will be released only after the vehicle is washed.

3.17 In case that the Client forgets the keys inside the vehicle and the doors will automatically lock, the Client agrees to pay all the necessary fees for recovering the keys and relocation of the car to Cluj-Napoca.

4. INSURANCE

4.1 The vehicle has mandatory civil liability insurance policy.

4.2 On signing the Agreement the Client can choose one of the following insurances: General Insurance (CDW) or Full Insurance (SCDW), CDW represents an insurance with a franchise for damage responsibility specified in the public rates also called damage deposit. The deposit should be submitted upon signing the Agreement and it will be reimbursed to the Client upon return of the car except Art.4.4 SCDW is an extended insurance the fees of which are specified in the Rental Agreement. By choosing this insurance the Client doesn't have to drop the damage deposit and will be exonerated from any obligations in case of damage, exceptions are specified in Chap. 5 of the Agreement.

4.3 In case that one of the drivers specified in the Agreement is between 21-25 years old:

- for CDW 100 Euro will be added to the damage deposit

- for SCDW the fees will be charged as double.

4.4 The damage deposit will be invoiced to the Client in the following situations:

a) damage (accident) caused to the vehicle, ascertained by the police authorities, as being the fault of the Client or an unknown author (includes also the situation when the vehicle is found damaged in the parking area).

b) theft of the rented car

c) as well as in any other exclusions from payment of insurance as mentioned in Chap. 5 of this Agreement.

4.5 The Client will not be held responsible in case of damage caused by natural disasters.

4.6 The insurance doesn't cover loss, theft or damage of the Client's belongings or passengers in the car.

5. EXCLUSIONS FROM INSURANCE

Regardless of the insurance type chosen, the Client is fully responsible for compensation and payment of the damage and payment for collateral damage in the following situations:

- failure to comply with the obligations mentioned in Chap 2. and Chap. 3.8 of the Agreement;

- damage to the lower part of the car, wheels, tires or passenger compartment;

- theft of the vehicle together with the original documents and the keys;

- any other exclusion from fully comprehensive car insurance.

6. TERMS AND CONDITIONS OF PAYMENT

6.1 The Client fully pays upon signing the Agreement, the rental (car and options rented), the deposit or the insurance chosen for and any possible additional fees.

6.2 The billing in RON is made as per the sell currency rate

(Banca Transilvania) agreed with the Client from Euro-Ron, at the date of signing the Agreement.

6.3 Prices do not include fuel costs, road tolls, fines for breaking traffic regulations on public roads and all the costs resulting from the action of the local authorities regarding the vehicle which is the subject of this Agreement, during the rental period. Full payment of these amounts will be charged to the Client.

6.4 Reimbursement of the payments will take place only at the initiative of the operator.

6.5 The Client must pay all the financial obligations remaining under the Agreement upon returning the vehicle, based on the payment document issued by the operator.

6.6 Any unpaid amount by the Client, as resulting from the Agreement, can be charged by the operator from the credit card of the Client or any payment method provided, without any prior notification.

6.7 In case of late payment over the term stipulated in the Agreement, penalties of 1% of the amount due for each day of delay shall be paid.

6.8 If the customer exceeds the payment term by more than 10 days, the operator is entitled to initiate legal proceedings for the recovery of overdue amounts, in which case, in addition to the debit due, the client will be obliged to bear all the expenses arising from the procedure.

7. PROCEDURE IN CASE OF DAMAGES

7.1 The Client has the obligation to notify the operator and immediately report to the police authorities any damage discovered to the rented vehicle.

7.2 If damage has unknown author, the Client has the obligation to obtain the repair authorization from the police.

7.3 If the accident is the fault of the Client, he/she has the obligation to submit the repair authorization and the report issued by the police, and in addition the Client needs to give a written statement to the operator.

7.4 In case another road user is guilty for the accident, the Client has the obligation to obtain the repair authorization together with the police report and a copy of the mandatory civil liability insurance policy belonging to the guilty party if agreed; the Client has the obligation to give a written statement at the operator’s office.

7.5 In all the above cases the Client has to check that all the damage found are mentioned in the repair authorization.

8. EXTENSION, CEASE AND TERMINATION OF THE AGREEMENT

8.1 The terms of extension, cease or early termination of the Agreement cannot be established without the operator’s consent.

8.2 The Agreement can be extended with both Parties’ consent by signing an additional written consent to the Agreement. Client's intention to extend the Agreement shall be communicated to the operator at least 24 hours before the expiration of the Agreement. The rates agreed will be paid under the same conditions as the initial Agreement as in Chap. 6.

8.3 The Agreement is terminated at the end of the rental period.

8.4 The Agreement may be terminated before the expiry by the parties’ consent or as a termination effect.

8.5 In the following situations the Agreement can be terminated immediately:

a) Winding, clearance, reorganization or starting the procedure for insolvency of the Client;

b) The filling of a criminal charge against the Client or his/her representatives;

c) Death of the Client or in case of incapacity;

d) Non-compliance with any clauses agreed by both parties under the Agreement.

8.6 In case of terminating the Agreement, the operator shall notify the Client by phone, fax or email.

8.7 Both for early termination and in the event of termination, the Client has the obligation to return the car within 12 hours from the time of termination.

9. FINAL PROVISIONS

9.1 The Parties are fully liable for failing to comply with their obligations under the Agreement, according to the laws and the present Agreement.

9.2 The Client is in default as of right for all his/her obligations assumed in the Agreement and non-complied with in due time.

9.3 The present Agreement is subject to the Romanian laws. Any dispute arising out of or in connection with this Agreement shall be settled first amicably and only in case of failure, the Parties will refer to the competent courts.

9.4 This Agreement shall constitute the burden of proof for any dispute whatsoever.

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