DEFINITIONS
RENTAL AGREEMENT – all the provisions contained in these General Conditions supplemented, as the case might be, with Terms and Conditions specific to each contract, vehicle delivery sheet and any annexes of the agreement (herein after referred to as the “ Agreement ”). The Agreement can only be modified by Partie’s written consent.
GENERAL CONDITIONS – this document, integrant part of the Agreement, which is generally valid and opposable to the clients, driver and/or additional driver, as the case might be. Interested parties can get aquainted with this document also from company’s website, www.1-rentacar.ro ;
VEHICLE – the car object of the Agreement together wih all its accessories, as described by the Agreement;
DASADI – DASADI BUSINESS LTD a commercial company authorized under the law to provide RENT A CAR services, integrant part of the Agreement, that hands over the vehicle to be used by the Client according to the provisions of the Agreement;
CLIENT – party of the Agreement who takes over and uses the Vehicle according to the provisions of the Agreement;
DRIVER – Client or another person fulfilling the conditions stipulated by article 8.1 below (excepting those referring to the ownership of a credit card, when the Driver is a person other than the Client) who actually uses the Vehicle on the duration of the Agreement;
ADDITIONAL DRIVER – other person than the Client/Driver fulfilling the criteria specified in art. 8.1 below (excepting those referring to the ownership of a credit card) to whom the right to drive the vehicle on the duration of the Agreement is granted;
TERITORY – the territory of Romania.
OBJECT OF THE RENTAL AGREEMENT
By this Agreement x Company undertakes to provide in Client’s favour RENT a CAR services with the Vehicle mentioned in the Special Terms and Conditions, with early payment of the Rental Fee as well as of all additional costs, as the case might be.
The provisions of the Agreement are mandatory for the Driver, when other than the Client, as well as for the Additional Driver.
DURATION OF THE RENTAL AGREEMENT
The period of time between the date and time of the Vehicle’s handover to the Client and the date and time of the Vehicle’s takeover from the Client, as agreed by Special Terms and Conditions.
The extension of the duration can be made upon Client’s request submitted to Dasadi according to art. 9.1 at least 24 hours before the expiry date. The acceptance of Dasadi will have the effect of extending the duration under the same conditions as the initial Agreement. Within maximum 24 hours from the acceptance of the extension of Agreement Duration, the Rental Fee and the Guarantee for the new contractual period shall be charged/locked on Client’s credit card.
The value of the paid services shall not be reimbursed in case of unilateral cancellation of the Agreement by the Client before expiry of the designated contractual period. In this case, Dasadi will offer the Client the equivalent of the left services by a valid 12 months voucher that the Client can use for renting a new Vehicle.
RENTAL FEE
The amount of money (including VAT) paid in advance by the Client upon the conclusion of the Agreement and prior to handing over of the Vehicle, for the use of the Vehicle for the entire duration of the Agreement.
In the case of late payment over the term stipulated in the Agreement, penalty interest of 1% per each day of delay of the value of the due amount is charged.
The invoices will be issued in lei, at the exchange rate of National Bank of Romania + 2%.
GUARANTEE FOR DAMAGES AND TAXES FOR ITS DECREASE
The Vehicle has a compulsory auto third party liability insurance policy, according to the law.
The Client is choosing for one of the following guarantees and taxes for its discount on the signing of the Contract: Collision Damage Waiver (CDW), Theft Protection (TP), included in the price, to which Super Collision Damage Waiver (SCDW) or Super Cover Plus (SCDW +) can be added.
Collision Damage Waiver (CDW) is a franchise for failure (liability), also called Guarantee for damages (mentioned in the Costs and Guarantees), which can vary between 500 € and 3000 € according to the class of the Vehicle mentioned in the Agreement. The mandatory guarantee is submitted upon signature of the Agreement, will be blocked by Dasadi a credit card and will be returned to the Client at the moment of return the Vehicle (save the cases provided at point 5.4 below).
Theft protection (TP) is a protection against theft which is meant to restrain the responsibility of Client/Driver/Additional Driver for the costs generated by the theft and attempt to robbery of the Vehicle, within the limit of the guarantee corresponding to the class established in the Agreement. The protection against theft does not cover the personal items of the Client/Driver/Additional Driver, these could be covered according to the traveling policies.
Super Collision Damage Waiver (SCDW = Super Cover “Limited”) is a discount tax of the guarantee mentioned at point (i) of this article, whose daily price can be found in the Agreement. Through the payment of the SCDW tax, the Client’s responsibility in case of damages and / or theft for the Vehicle is reduced from the value of the Guarantee mentioned above, at the value of 150 € for the Small class, Medium class and Big class, at the value of 300 € for the SUV class and the value of 500 € for the Premium class to cover the possible additional costs, the exceptions being mentioned in point 5.5 here below.
Super Collision Damage Waiver Plus (SCDW+ = Super Cover Plus “Relaxed”) is a high tax of decrease of the guarantee which almost totally removing the Client’s responsibility in case of accident and / or theft at the value of min. 50 € and max. 100 €, the exceptions being mentioned in point 5.5 here below.
In case in which one of the users mentioned in the Agreement is between 21 and 25 years old, or over 70 years old, there is a double guarantee. In this case, the guarantee cannot be reduced through the payment of the SCDW or SCDW+ tax.
In case of choosing for CDW/SCDW the Guarantee (franchise) for damages is to be invoiced by Dasadi to the Client under the following conditions:
Damages (accidents) caused to the Vehicle, observed by the competent authorities of the Police, as being by the fault of the Client or with unknown author (including the case in which the car is found damaged or vandalized in the parking lot);
The theft of the Vehicle;
As well as in case of any other exclusion from the insurance policies and of the damage chart, part of the Agreement.
Irrespective of the tax paid for the decrease of the guarantee for which the Client has chosen, he become responsible and is liable for the repairing and the payment of the collateral damages under the following situations:
Non-compliance with the contractual obligations;
Missing fuel: 25 €, representing the supply tax + the corresponding ticket (point 6.8);
The loss of Vehicle’s documents / key / accessories, as the case might be 170 € (point 6.14);
Not returning the Vehicle to the place, date and time stipulated by the Special Terms and Conditions;
Deterioration of the rims or tyres;
Damage of the hub (excessive dirt, staining of the seats or their damage);
Deterioration/loss of the options offered for rent (GPS, child chair, etc.);
Damaging of the inferior part of the vehicle (representing the elements under the car: shield, exhaust pipe, oil sump etc.);
Wrong fuel supply of the vehicle;
Partial or total deterioration caused as a result of smoking inside the car and/or during its location nearby flammable environments.
DELIVERY, REPLACEMENT AND RETURNING OF THE VEHICLE
The delivery and return of the Vehicle will be in place, on the date and time established by the Client together with x Company and mentioned in the reservation form and in the Contract.
The hand over and taking over of the Vehicle outside the schedule (from Monday to Friday 09:00-18:00) can be made upon Client’s request. In this case, a tax of 25 € per hand over/take over will be perceived.
The return of the Vehicle in another place than the place of its handing over will be made only with the agreement of Dasadi and an additional fee between 25 € and 200 € will be perceived. If the Client requests the return of the Vehicle to another location after the take over of the Vehicle, it will inform the Dasadi in writing or by calling the non-stop support phone number +40770429579, or from Monday to Friday between 09.00-18.00 at phone number +40770430261. Dasadi will have to agree to this contractual change and the Client will pay the above-mentioned additional disbursement fee, which will be communicated in writing by Dasadi via sms or e-mail. The fee will be collected at the return of the Vehicle from the guarantee, cash or on the basis of the credit card presented by the Client when signing the Agreement.
Upon returning the Vehicle over the limit hour according to the Agreement, an additional fee of 10 €/hour agreed upon by the Agreement will be charged. If the Client delays the delivery of the Vehicle without Dasadi’s consent, the Dasadi has the right to return possession at the expenseand risk of the Client.
The return is effective on the time of signing of the delivery chart by Dasadi and by the Client.
For the Vehicles returned outside the schedule (in weekend and/or during night-time) or during weather conditions preventing the verification of the Vehicle, the Client’s responsibility will be extended for possible damages and respectively the unblocking of the guarantees by 24 hours from the effective return of the Vehicle.
The abandoning of the Vehicle by the Client without notifying Dasadi in writing or by calling at the non-stop support phone number +40770429579, or from Monday to Friday between 09.00-18.00 at phone number +40770430261, without delivering the key to a representative of Dasadi and without the bilateral signing of the taking over chart, will draw Client’s responsibility for the costs corresponding to the relocation of the Vehicle to the location from which it was rented and of other costs corresponding to the return of the Vehicle to the initial condition in case in which the Vehicle is taken over in other conditions than those of its handing over under the minutes. The same conditions are valid also in case in which the Client refuses the handing over of the Vehicle.
The Client has the obligation to return the Vehicle with the same amount of fuel it had at the beginning of the rental period (according to the delivery-reception chart). Otherwise, after the written notification from Dasadi, the Client agrees to pay a fuel supply tax of 25 € and the counter value of the missing fuel, according to the fiscal ticket from the gas station. No credit is granted for the additional fuel than the initial amount supplied by Dasadi.
On the delivery of the Vehicle to the Client, the cleaning condition of the Vehicle, both on the inside and on the outside, will be mentioned, the latter following to sign the minutes concerning such specification. In case in which the Vehicle on return needs more than the standard washing procedure for returning it to the condition previous to the rent, the Client agrees to pay a management tax of 50 € to which the counter value of the car wash will be added, according to the invoice to be transmitted on e-mail.
The parking taxes during the delivery-reception of the Vehicle, in another location than the one proposed by Dasadi, as well as the parking for the duration of the Agreement is to be paid in full by the Client. The latter will bear all the taxes provided by the laws in force together with the cost of parking, both on the territory of Romania and in another states, the road tax, the bridge tax, the staying tax in airports or special spaces with limited time, fines resulted from the failure to comply with the traffic rules. Failure to pay those abovementioned, Dasadi will pay the fines resulted from the failure of the Client to comply with his liabilities. Dasadi will invoice the effective value of the fine to the Client plus a management tax of 50 €/fine.
The supply by the Client of the Vehicle with another fuel than the one indicated by the manufacturer (mentioned on the registration certificate and on the delivery-reception chart) draws the Client’s responsibility to pay a service tax of 50 €, the cost of the transportation with the platform, the cost corresponding to the days of immobilization in service, the repair cost according to the repair estimation note, as well as the corresponding resupply (including to the Clients who chose for SCDW/SCDW+).
The renting abroad needs the previous written approval of Dasadi and is submitted to certain special conditions. The travelling outside of the Territory is permitted only on the territory of the European Union and of the Economic European Space. In case in which this liability is breached, in case of a damage or theft, the Client will be responsible with the entire value of the Vehicle. There is a limit of 400 km/day driven on the territory of the European Union and of the Economic European Space and for the exceeding of the limit of km, a tax of 0.12 €/km will be perceived. For the obtaining of the documents necessary to the borders there will be a tax of 50 €. The price corresponding to the rent with exit from the country will be by 18 €/day higher than the price list (from Costs and Guarantees). The guarantee deposit for the exit of the country is of at least 1200 € and maximum 5500 €.
In case of breakdowns and/or road events occurring outside the country, the Client has the obligation under the Agreement to return the Vehicle to the Territory fully bearing the costs.
In case of loss or deterioration of the keys, original documents or car accessories, in case of loss of the parking chip or of loss of the plates by the Client, Dasadi will receive from the Client the counter value of the damaged/lost objects at the price from the procurement invoice of each accessory, or at the value of the fine the Client must pay to which a management tax of 50 € is applied.
Dasadi cannot be hold responsible for the possible objects forgotten in the Vehicle by the Client and unidentified on the delivery of the Vehicle.
Smoking inside the Vehicle is strictly forbidden. Failure to do so, a tax of 150 € will be applied, to which the counter value of the services for the car wash will be added.
OBLIGATIONS OF DASADI
To transfer to the Client the right of us of the Vehicle according to the terms and conditions of the Agreement and to sign the delivery reception chart. Dasadi will handle also to the Client the keys and documents of the Vehicle (registration certificate, RCA insurance policy, both in original, as well as the Vignette, in copy).
To provide the Client with road assistance throughout the Territory for the entire duration of the Agreement, 24h/24, 7 days/7 in case of accident or mechanical failure.
In case of failure which cannot be remedied on the spot, if the damage did not occur by the Client’s fault, to replace the Vehicle (if available) within 24 hours from the date of the acknowledgement, depending on the location where the failure occurred. In case the damage is due to the Client’s fault, the blocking of a new guarantee for the delivery of a new vehicle will be requested.
If Dasadi is unable to replace the Vehicle, the Client will be reimbursed the part of the rental cost calculated pro rata with the length of time the Vehicle could not be used.
Dasadi is not responsible for the losses incurred by the Client in the event of malfunction or failure of the Vehicle, except for the expenses authorized for repair under the terms of this Agreement;
Through the issuance of the receipt for completion and cancellation of the preauthorized deposits, Dasadi is relieved from the unavailability of the amounts from the Client’s accounts and recommends the contacting and presentation of the receipts to the bank where the Client is holding the card.
On the duration of the Agreement Dasadi is exonerated from liability for damages caused in traffic by the Vehicle, as well as for road taxes (excepting the Vignette), bridge taxes, any kind of fines and failure to comply with traffic regulations.
OBLIGATIONS OF THE CLIENT
To meet the following conditions cumulatively:
To have the capacity of driving a vehicle according to the legal provisions in force;
To be at least 21 years old and to own a valid driving license. The driving license not in the Latin alphabet must be accompanied by an international driving license;
To prove he/she owns a valid identity card/passport, as well as a credit card issued on his/her name by one of the internationally recognized credit cards company, such as: VISA, AMERICAN EXPRESS, and EUROCARD/MASTERCARD. Debit cards (VISA ELECTRON) or pre-paid cards are not accepted. Upon reservation, respectively upon conclusion of the Agreement and taking over of the Vehicle, entering data/presenting the credit card is mandatory. All the additional costs incurred during the term of the rental will be withdrawn from this credit card;
For the drivers with experience between 0-1 years, a tax will be paid as it follows: 350 € for the classes Small, Medium and Big, 600 € for the SUV class and 1000 € for the Premium class. For the drivers with experience between 1-3 years, the tax will be of 150 € for the classes Small, Medium and Big, of 400 € for the SUV class and 600 € for the Premium class. The tax is applied per rent, irrespective of its duration. If there are additional drivers in the same conditions, with experience between 0-1 years, respectively between 1-3 years, the tax will be paid only once;
In case of the confirmed reservations, Dasadi reserves its right to cancel them in case the Client is delaying the taking over of the Vehicle over 3 hours from the hour established by mutual agreement, unless the Client informs in advance;
Upon taking over and before driving the Vehicle, the Client undertakes to check it and to immediately inform Dasadi on any irregularities/defects he/she has noticed and not included in the delivery reception report or in any of the documents attached to the Agreement;
Besides the Rental Fee, the Client undertakes to bear the cost of fuel consumed, the road taxes, the parking fees, the access fees, the fines etc., as well as any other costs which might occur during the performance of the Agreement, according to the provisions of the Agreement;
The Client acknowledges and agrees with his/her responsibility for all and any breaches of the Agreement by the Client/Driver/Additional driver, as the case might be. It is Client’s responsibility to inform the Driver/Additional driver, as the case might be, on the provisions of the Agreement and the necessity of its observing;
The Client acknowledges and agrees that the Vehicle is delivered with full tank and agrees to return it in the same condition upon the expiry of the Agreement, in case of default the provisions of art. 6.8 hereinabove being applicable;
The Client acknowledges and agrees to use the Vehicle like a good owner, by observing all the legal provisions regarding the traffic on public roads;
Not to carry out any repair except with the prior written consent of Dasadi and only in authorized services (any amounts thus incurred by the Client will be reimbursed strictly subject to the prior written consent of Dasadi and only based on the fiscal invoice and of the repair pricing issued on the name of Dasadi);
Not to smoke in the Vehicle and not to use it for another purposes/activities such as: taxi, transport of merchandise, races, tests, pushing/towing of other vehicles;
To return the Vehicle at the date and time indicated in the Specific Terms and Conditions, in the same condition as it was received, less normal wear and tear, accompanied by all documents, accessories and equipment, under the sanction of bearing additional costs, in accordance with the provisions of the Agreement;
Not to drive the Vehicle under the influence of the alcohol/drugs;
In the event of an accident (if the Client / Driver / Additional Driver is guilty or the victim, if the Client / Driver / Additional Driver is the only involved or the responsible party can not be identified etc.), to declare it to the Police - within 24 hours from its occurance – followd by the evaluation of the damages and the issuance of the evaluation report and authorization for repairs, otherwise he/she will bear the cost of repairs;
To ensure that the Vehicle is not improperly used, that it is properly locked and insured, that the Vehicle's documents are in his/her possession and not in the Vehicle, that it is well protected and fueled with proper fuel;
Not to drive the vehicle outside the road, on unpaved, non-asphalted roads, closed to the public traffic. In case of default, Dasadi will collect the value of the repair, irrespective of the type of the guarantee chosen by the Client (including the SCDW/SCDW+ tax), from the guarantee or will debit the credit card of the Client, with previous notification;
Not to sell, rent or use in other way the Vehicle;
Not to do or allow actions on the Vehicle except for minor and urgent repairs that must be carried out by qualified personnel and by urgently informing Dasadi in written;
To bear the damages caused to Dasadi as a result of loss of rental income during the repair of the Vehicle in the event of damage, for whatever reason, unless it is due to the fault of Dasadi. The amount of damages (the lost income) will be calculated according to the normal rental price throughout the repair or until reaching an agreement and receipt of the payment;
The pets (ex. Dogs, cats) can be transported in the Vehicle only in special boxes (cages, bags) closed on the duration of the travelling. In case of default, the same conditions of point 6.9 will be applied.
Breach of any of the Client’s obligations (excepting point 8.1 hereinabove – in which case Dasadi has the right to unilaterally cancel the reservation without reimbursing the amounts collected in advance) entitles Dasadi to fully collect the guarantee (including the case of SCDW taxes).
CONTACT DATA/NOTIFICATIONS
The ways of communication between the Parties related to the performance of this Agreement can be: phone, fax, e-mail, courier, registered letter with acknowledgment of receipt.
The contact data of Dasadi are: SC DASADI BUSINESS SRL
Address: Bucuresti, B-dul Unirii, Nr.76, Bl.J3A, Sc.2, Et.2, Ap.39, Sect.3
Phone no.: non-stop +40770 429 579 or +40770430261 from Monday to Friday between 09.00-18.00
E-mail: office@1-rentacar.ro
AGREEMENT MODIFICATION/TERMINATION
Any modification of the Agreement can only be made by Parties’ written agreement.
This Agreement may be terminated:
Upon expiry of the term for which it was concluded if the Client does not notify the Dasadi of its intention to extend it at least 24 hours before the expiry date;
By Parties’ written agreement, before the expiry of the duration of the Agreement. In this case, the Client shall be reimbursed the rental fee equivalent to the remaining period until the expiration of the term of the Agreement;
Through the rightful termination, without delay, notification and without the intervention of the court of law, in case the Client does not execute, performs late or improperly his obligations and does not remedy the guilty conduct within 48 hours from the date of receipt of the notification sent by Dasadi. In this case, the Client must return the Vehicle within maximum 24 hours from the termination date of the Agreement.
LITIGATION. APPLICABLE LAW
This Agreement is governed and construed according to the Romanian legal provisions in force. Any disputes arising between the parties related to the interpretation, performance, modification or termination of this Agreement shall be solved by the parties in an amiable way. In case of default the litigation shall be submitted for settle to the competent court of law at the headquarters of Dasadi Business Ltd.
FINAL DISPOSITIONS
The Client expressly states that he/she acknowledged and has validly and unconditionally undertook the provisions of the Agreement.
The Client has not the right to substitute a third party for the relationship arising from this Agreement.
The non exercise or late exercise of any right of the parties of this Agreement shall not be construed as a waiver of such right; also the partial or singular exercise of a right does not prevent the exercise of other rights or the subsequent exercise of that right. Any waiver shall be in writing and shall be signed by the waiving party.