GENERAL TERMS AND CONDITIONS
I. REQUIREMENTS TO THE RENTER
Art. 1. The RENTER shall be aged minimum 21 years and have an experience as a driver of minimum 2 years. They shall have regular and valid identity documents: passport/ID card, driving license and registration certificate (RC). Only the persons entered in this agreement (THE RENTER AND THE SECOND DRIVER) may drive the rental car. If any other person not entered in the rental agreement drives the car, the RENTER shall bear full responsibility for the value of the car and any additional costs incurred, regardless of the paid fees for discharge or additional coverage.
Art. 2. By his/her signature, the RENTER declares that he/she is qualified driver with a valid driving license and possesses all the required documents and the relevant categories to drive the rental car. The RENTER is obliged to obtain an international driver’s license or a legalized translation of his/her original driving license.
Art. 3. If one or more additional drivers are entered in the car rental agreement, they are jointly and severally liable with the one registered as a RENTER.
Art. 4. If a person other than the main or additional drivers is entered in the car rental agreement on the authorization form with the data of the payment card, he/she is entered as Cardholder who is jointly and severally liable with the RENTER and guarantees the obligations of the RENTER.
II. PROCEDURE FOR HANDING OVER A CAR
Art. 5. The car is handed over to the RENTER in good technical condition with a spare tire or emergency repair kit and other necessary equipment, being described in the handover protocol, an integral part of the agreement, which protocol details the terms of returning the car. The RENTER shall return the car with all documents submitted to him/her to the place specified in the agreement, within the agreed period and in the same condition. Upon entering into the agreement, remarks on the appearance or interior of the car, and all of those shall be photographed. Upon return of the car, after inspection and upon establishment of damages or missing items, they are paid by the RENTER according to the official price list. Claims on the condition of the car by the RENTER can be made only before the OWNER upon accepting the vehicle.
Art. 6. In the event of refusal of the RENTER to sign the handover protocol upon returning the car, it is signed unilaterally by the OWNER and by a witness certifying the refusal and the findings in the protocol shall bind the party who refused to sign it and can be used as evidence in the court.
Art. 7. The OWNER shall provide a replacement car of a similar or higher class, if the RENTER so wishes, within 3 business days in case of any technical damage to the main car due to a factory defect or natural deterioration of the car, provided that all other conditions of the agreement have been complied with.
Art. 8. In case of replacement of the car, carried out in connection with Art. 7 and Art. 30, item 2, the OWNER shall extend the period of the agreement by as much time as the provision of the replacement car has been delayed. In case the RENTER refuses the replacement car, the difference for the actually unused and paid rental days is refunded.
Art. 9. Upon receipt of the car, the RENTER provides the OWNER with a deposit specified in this agreement, which guarantees the bona fide performance of the RENTER’s obligations under the agreements and serves to compensate the OWNER for damages caused to the rental car and occurred during the agreement to cover additional costs incurred during the period of possession the rental car by the RENTER. Upon returning the car by the RENTER without delay and under the conditions of correct use, without damages and missing items, the deposit shall be refunded in full.
Art. 10. In case the RENTER has not fulfilled any of its obligations and responsibilities under the agreement, the OWNER is entitled to keep the entire deposit or such part of it, necessary to cover the costs of repairing the damages, as well as compensation for the car stay. The retention of the deposit by the OWNER in the above cases shall not cancel the liability of the RENTER to pay compensations for the damages suffered by the OWNER in an amount exceeding the value of the deposit.
Art. 11. If the RENTER/CARDHOLDER has provided credit card details and the deposit is authorized by this card, they give their irrevocable and unconditional consent to the OWNER, after and if they has fully utilized the deposit in the cases provided for in the agreement, even after its completion, to withdraw amounts exceeding the deposit and the signature placed on the first page of the car rental agreement in the authorization form will be considered placed on the POS-terminal statements. The provided card must be valid until the end of the rental period; otherwise the OWNER is not responsible for refund of the deposit. In the event of a change in the data provided on the payment card or such change was required by a bank servicing the RENTER/CARDHOLDER, the latter shall inform the OWNER within 24 hours about the change. The OWNER does not need to request additional consent for additional payments from the cardholder in case of:
- any failure under the agreement, for which compensations, penalties and fees are provided, according to an official price list or other legal or described in this agreement grounds
- collection of fees that have not been paid by the RENTER.
- additional costs for the OWNER, incurred during the period of possession of the rental car by the RENTER – fines for violation of traffic laws and rules
Art. 12. In case of non-return of the rental car within the time frame and on date for return specified in the agreement, the OWNER is entitled notify the competent authorities for seizure within the meaning of the Criminal Code, if the conditions under Art. 19 have not been complied with and the OWNER has not received the RENTER’s prior written for the delay. The RENTER declares that he/she is aware of the following circumstances:
- the rental car is not his/her property; in virtue of this agreement the car is given to him/her to hold, keep and drive it; The RENTER is not entitled to treat the car as his/her own and if he/she does so, he/she shall be liable under Art. 206 of the Criminal Code for hijacking.
- The OWNER reserves the right to restore back the possession over the car, without notice, at any time and at the expense of the RENTER, if the car is used by him/her in breach of this agreement, legal provisions or ethical values.
Art. 13. The RENTER gives irrevocable consent to the OWNER, who is entitled to retrieve data from the installed GPS tracking system for positioning and remote ignition of the rental car, in order to control compliance with the provisions of this agreement by the RENTER. The OWNER may block the engine starting in the following cases:
- crossing the border with a country for which no power of attorney for driving the car has been issued by the OWNER;
- expired car rental agreement and the RENTER continues to use the car without the OWNER’s consent under Art. 18;
- dangerous driving and exceeding the maximum permissible speed by 30 km per hour or more;
- has not paid the amounts due under the concluded car rental agreement within the agreed term;
- the GPS system has stopped transmitting a signal and there is no connection with the RENTER;
III. PRICES, METHOD OF PAYMENT
Art. 14. The full rental price for the car shall be paid at the time of receiving the car and signing of the handover protocol. The deposit shall be provided by transfer to the bank account of the OWNER or by credit card authorization in the name of the RENTER, the Additional Driver or the Cardholder. The RENTER may provide a cash deposit only for certain classes of cars, with the express consent of the OWNER, but in this case the deposit shall be in a double amount. The amount in cash is stored in safekeeping in the office of the OWNER.
Art. 15. In case of a road accident, damage or theft of the car, the amounts paid under the car rental agreement shall not be reimbursed, except for the amounts left unused to cover losses of the OWNER.
Art. 16. The rental price does not include operating costs related to the use of the rental car during the rental period, which are paid by the RENTER, as well as:
- If the car is not returned with the available fuel in the tank ,the customer will pay a “missing fuel” charge of € 1.20 per litre.
Art. 17. Upon delivery of a replacement car in case of a road accident, damage or theft of the main car under the agreement, the RENTER shall pay the costs of delivery, according to the official price list. The RENTER has the right to only one replacement car, except for the cases under Art. 7.
Art. 18. The rental price does not include fines and sanctions imposed during the use of the car for infringement with the Road Traffic Act of the Republic of Bulgaria (RTA) or other violations under the laws of the Republic of Bulgaria.
Art. 19. If the RENTER wishes to extend the period of the agreement, they shall state this in writing, at least 24 hours before the expiration of the agreement. The RENTER may extend the period of the agreement, respectively the use of the car, only upon receipt of written confirmation by the OWNER and after payment within 24 hours of the obligation for extension according to the current price list. The OWNER reserves the right to refuse the extension of the agreement.
Art. 20 If the RENTER has not received a written confirmation for extension of the agreement by the OWNER and delays the return of the car, he/she shall owe a fee calculated according to the official price list.
Art. 21. If the RENTER returns the car before the expiration of the agreement, he/she shall owe payment to the OWNER for the actual days used under the current price list for the period, as well as a fee of 3 rental days, but not more than the rental price for the initially agreed period. Early return does not cancel the obligation of the RENTER to return the rental car during working hours at the place specified in the agreement.
Art. 22. If the RENTER returns the car with some part of this fuel, the OWNER does not owe a refund for the unused fuel.
IV. OBLIGATIONS AND RESPONSIBILITIES OF THE RENTER
Art. 24. The RENTER undertakes:
- To use the car for its intended purpose, to operate and drive it with the care of a good owner, in compliance with the Road Traffic Act. To follow the instructions and recommendations of the car manufacturer and/or supplier, as well as the requirements of the insurer and the OWNER; to protect the car from damages and harms and to take all measures for its protection.
- To keep separately the car key and registration certificate and not to leave them in the car when leaving it, as well as in places without supervision, where they can be stolen.
- In the event of a road accident (accident), damage or harm to take all necessary measures to save, limit and/or reduce the damage to the vehicle.
- In case of damage to tires, the RENTER shall replace the damaged tire with the spare one or to use an emergency tire repair kit to repair the damage, after which to visit the nearest office of the OWNER for inspection.
- To pay the administrative fees described in Art. 31 of the General Terms and Conditions in case the conditions for their payment are existing.
- In case of taking the car subject of the car rental agreement off the road by the bodies of the Ministry of Interior, due to the fault of the RENTER, he/she shall pay a penalty in the amount of € 200. The RENTER shall pay the full rental price, according to the agreement, for each day during which the car was taken off the road. The OWNER reserves the right to claim compensation for damages and future earnings in excess of the penalty amount.
- In the event of a road accident, damage / accident, theft or any incident involving the rental car, regardless of the fault, the RENTER shall immediately, but not later than 24 hours notify the OWNER by phone +359 88 444 5055 or +359 88 992 5566 for this by informing him of all facts, circumstances and data /names of witnesses, etc./, as well as to cooperate filly with the Police/Traffic Police/for issuing of a document certifying the event, which document shall be handed over to the OWNER within 3 days from the occurrence of the event. No later than the 5th day after the event he/she shall deliver the car for inspection and taking photos by the insurance company. He/she shall provide full assistance to the OWNER and the insurance company for the purpose of clarifying the incident and the damages. Any submission of document incorrectly filled or after the time limits is considered failure to submit them.
- The RENTER shall not leave the borders of the Republic of Bulgaria with the rental car without being explicitly authorized to do so in a separate power of attorney. In case of violation, the RENTER shall pay a penalty in the amount of € 300 for each individual country where the rental car is used without an explicit power of attorney. In case of a claim by third parties against the OWNER for the period of the unauthorized living the borders of the Republic of Bulgaria of the car, the RENTER assumes financial responsibility for culpably caused damages. All additional coverage paid by the RENTER in this case is invalid and he/she shall bear full responsibility.
- In case of a road accident or damage, regardless of the cause of the event, whether the RENTER is guilty or not, the RENTER shall pay all costs of moving the rental car to the OWNER’s office.
- In case of a road accident or damage outside the borders of the Republic of Bulgaria, regardless of the cause of the event, whether the RENTER is guilty or not, to cover all costs of moving the rental car to the OWNER’s office. In case of a road accident or damage abroad, the OWNER does not provide a replacement car, even if the fee under Art. 30, par. 2 has been paid.
- To notify the OWNER in writing with a minimum of 48 hours notice if the RENTER wants to return the rental car before or after the time limit specified in the agreement, or at a place other than that specified in the agreement.
- To cover all costs incurred by the OWNER regarding the return of the rental car in a place or time other than that specified in the agreement. In case of non-compliance with the period of notice regarding the place of return, the RENTER shall pay a „one-way rental price“ fee and an administrative fee in the amount of € 30.
Art. 25. The RENTER bears full material responsibility for compensation of the OWNER in full amount for damages and future earning and calculated in accordance with official price list in the following cases:
- Road accident or damage due to the fault of the RENTER, including „CO FAULT“ or „UNDEFINED FAULT“.
- Theft of parts of the car and its equipment, lack of accessories or lack of snow chains, routers, child seats, ski rack and other similar additional equipment or accessories.
- Any occurred and caused damage to the rental property (including damage to tires, rims, chassis or car running gear or breaking of windscreen and windows), including its complete loss or destruction, which is not certified by an act of infringement of the Traffic Police, Police or another competent authority, drawn up in accordance with the Road Traffic Act and other legislative act or other document confirming the fact of occurrence of the event.
- Damages and losses incurred as a result of driving the car under the influence of alcohol or other intoxicating substances, as well as when giving the car to a person not registered in the agreement or a person not having a driving licence.
- Non-returning of the registration certificate, the key, the Civil Liability policy /together or separately/ in case of theft from the car by a third party by the RENTER. As in the case of car theft, the RENTER shall owe the full value in case of failure to provide the car keys and/or registration certificate.
- In case of loss, destruction or theft of registration certificate, electric vehicle charge card, key, technical inspection symbol and car number, the RENTER shall pay a fee according to the official price list.
Art. 26. In case of a road accident, damage or theft of the rental car and none of the hypotheses of Art. 25 is fulfilled, the RENTER has complied with the Traffic Act and has not paid the additional fee according to Art. 30, item 1 and item 2, then they shall bear responsibility to the amount of the deposit they have provided.
Art. 27. It is absolutely forbidden: to use the car to tow another vehicle or trailer; participation in competitions, training, coaching or trials; the use of the rental car for transportation of people against payment, the transportation by the rental car of hitchhiking people, large, bulk or other loads, beyond the permissible ones by the car manufacturer; driving outside the national road network or on roads without permanent pavement.
Art. 28. Smoking and transportation of animals in the rental car is absolutely forbidden. In case of traces of smoking or transportation of animals, upon return of a dirty and unclean car, the RENTER owes a fee calculated in accordance with the official price list.
Art. 29. The compensations and penalties due by the RENTER are determined in accordance with official price list. The price list is an integral part of the General Terms and Conditions of the agreement. In the event that the repair of the car is more expensive due to a specific paint, brand, model, higher class or damage that is not specified in this price list – the relevant compensation is determined by an employee authorized by the manager. In addition to damages, the RENTER shall pay the costs for road assistance or transportation to the repair service station and back, fixed rent for the days of repair according to the official price list and the corresponding administrative fee, except for the exceptions specified in these General Terms and Conditions.
Art. 30. The following services may be provided after additional payment by the RENTER upon request and their checking on the first page of the agreement:
- “Tire & Glass COVER” fee. It releases the RENTER from liability for damage to tires, wheels, hubcaps and windows, upon return of all documents and keys of the car and shall not be valid for the cases when the car was driven, after using alcohol, drugs or other intoxicants. It releases the RENTER from paying the administrative fee under Art. 31 in case of damages, only for elements included in the coverage of the additional fee.
- “VIP PROTECTION” fee. It releases the RENTER from liability for damages to tires, wheels, hubcaps, windows and exterior of the car, which are certified by an act of infringement of the traffic police, police authorities or other competent bodies, drawn up in accordance with the Road Traffic Act and other regulations or other documents, confirming the fact of occurrence of the event and provided that the OWNER was notified of the incident no later than 24 hours. Provided that the above conditions have been met, the „VIP PROTECTION“ fee gives the following rights to the RENTER described in points 2.1 to 2.4:
- In case of a road accident, damage, fire or theft, the RENTER’s deposit will be refunded in full.
- In case of a road accident, damage, fire or theft on the territory of the Republic of Bulgaria, the RENTER will receive a replacement car.
- In case of a car accident, damage or fire on the territory of the Republic of Bulgaria, the costs for transportation and road assistance for the damaged car will be paid by the OWNER. In case of road accident or damage outside the borders of the Republic of Bulgaria, the RENTER shall cover only the costs of moving the rental car to the border of the Republic of Bulgaria.
- It releases the RENTER from paying the administrative fee under Art. 31.
- „GOING ABROAD“ fee. It may be specified as „CROSS BORDER“ in the agreement. It is paid if the RENTER wants to leave the territory of the country with the rental car. It shall be requested at least 3 business days before the desired date for „CROSS BORDER“. The countries for which the fee has been paid shall be entered in the power of attorney for driving abroad. The fee paid does not include travel expenses related to crossing the border and using the car abroad.
- „EXTRA DRIVER“ fee. It may be specified as „ADDITIONAL DRIVER“ in the agreement. It is a fee for entering of an additional driver in the agreement that shall have the rights and obligations as the main driver under the agreement. He/she is also obliged to have regular and valid ID documents: passport/ID card, driving license and registration certificate, which he/she must physically provide upon its entry in the agreement.
- „YOUNG DRIVER“ fee. It may be specified as „UNEXPERIENCED DRIVER“ in the agreement. It is mandatory for drivers aged 21-23. A double deposit is also required. Additional restrictions are possible for some classes.
- Fee “OUTSIDE WORKING HOURS” for renting or returning a car during non-working hours or on days determined by the official price list. It is specified as “OUTSIDE WORKING HOURS“ in the agreement.
- Fee „Delivery“ or „Collection“ of a car at a place specified by the client. It may be specified as „DELIVERY“ in the agreement. It is agreed individually and entered in the agreement.
- „One-way rent“ fee. It may be specified as „ONE WAY RENTAL“ in the agreement. Renting the car in one office of the OWNER and returning to another one. It is agreed individually and entered in the agreement.
Art. 31. „Administrative fee“ – it is paid in case of theft, damage, accident, or any incident involving the rental car, visit to road accident or accident, regardless of the cause of the event, whether the RENTER is guilty or not, and when processing a fine or slip under the Road Traffic Act. The amounts are indicated in accordance with the official price list.
Art. 32. The purchase „VIP PROTECTION“ and „Tire & Glass COVER“ fees does not release the RENTER from its obligations and responsibilities under Section IV of the General Terms and Conditions of the car rental agreement, and does not cover partial shortages, loss, theft of parts or accessories, damages on the car interior: upholstery, dashboard, seats, boot, damage caused after refuelling, not meeting the standards and prescriptions of the manufacturer; damage caused by the transport of dangerous goods; damages caused during the operation of the vehicle, off-road network and towing of other vehicles; damages caused by illegal repairs not approved by the OWNER.
VI. FINAL PROVISIONS
Art. 33 The OWNER, respectively employees/representatives of the OWNER, are not responsible for losses (direct/indirect /further) of profit/income or for expenses incurred by the RENTER, as well as for damages incurred by the RENTER or other persons resulting from on or in connection with the use, inability to use or delay in the delivery of the car. The OWNER shall not bear responsibility for missing items and theft of personal belongings from the vehicle.
Art. 34. All amendments and supplements to the agreement, as well as all documents reflecting its implementation shall be valid if they are made in writing and signed by authorized representatives of the parties.
Art. 35. In case of disputes, the text of the agreement and the General Terms and Conditions in Bulgarian shall be valid. Documents received by electronic or other communication, including the use of the Internet shall be valid as written evidence. Disputes not voluntarily resolved between the parties shall be resolved by the competent Bulgarian court.
Art. 36. The provisions of the effective legislation shall apply to all cases not settled and arising from the agreement. The agreement is drawn up and signed in two identical copies – one for each of the parties. An integral part of it is the handover protocol.