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Terms and conditions

CAR RENTAL CONTRACT

This car rental contract is made on …………………………. in the city of Plovdiv, by and between:

 

  1. “FILISA CARS” EOOD, Company ID number ………………….., with seat and registered address: Plovdiv, ………………………………………………. street, represented by the Manager …………………………………………………………, hereinafter referred to as the LESSOR on the one side, and on the other side:
  2. ………………………………………………………………………, personal ID № ……………………………………, with permanent address: …………………………………………………………………………………………….., holder of ID card (passport) № ………………………………………………, issued on …………………………………….. by ………………………………………………………….., expiry date ………………………………………………, Driver’s License № …………………..………., expiry date …………………………………………………..;
  3. . ………………………………………………………………………, personal ID № …………………………………………, with permanent address: ………………………………………………………………………………………………….., holder of ID card (passport) № ………………………………………………, issued on …………………………………….. by ………………………………………………………….., expiry date ………………………………………………, Driver’s License № ………………….………., expiry date ……………………………………………………………………………..; hereinafter referred to as the LESSEE. The parties have agreed on the following:

 

 

SCOPE OF CONTRACT

Art.1 The LESSOR provides to the LESSEE for temporary and paid use his own car

 

 

Make ………………………………………               Model ………………………………………………..

Year of manufacture…………                Colour ………………………………………………

Reg. plate № …………………………..                Number of seats ………………………………..

 

Art.2 The LESSEE undertakes to return the car provided within the periods, under the terms and conditions of this contract and to pay the LESSOR remuneration for the time of use of the car, in the way, amount and terms set out below in the contract

 

 

 

DELIVERY OF CAR

 

Art. 3 (1) The car shall be handed over to the LESSEE in full working order and good operational and technical condition, meeting all the requirements for road safety.

(2) The car shall be handed over with a full tank of the relevant fuel and cleaned inside and out.

(3) The car shall have “full AUTOCASCO insurance” and the “Compulsory Civil Liability Insurance of Owners of Motor Vehicles”.

(4) The car shall be handed to the LESSEE in a LESSOR’s office, or shall be delivered by the LESSOR on the previously announced date and address (via the website of “ FILISA CARS” EOOD or by phone) as follows:

— within the city of Plovdiv: free;

— delivery to Sofia airport or to an address in Sofia: an additional fee of 100 BGN;

— delivery to Burgas airport or to an address in Burgas: an additional fee of 150 BGN;

— delivery to Varna airport or to an address in Varna: an additional fee of 200 BGN;

 

Art. 4 When renting the car the LESSEE is obliged to check IT for faults and if he/she finds any, he/she shall immediately notify the LESSOR. Claims on the state of the car shall be made, at the latest, until its handing over by the LESSOR.

 

Art. 5 (1) The car shall be returned to the LESSOR’s office cleaned inside and out and full tank with the relevant fuel.

(2) Upon the return of the car, the LESSOR shall make in inspection of it. In case of a failure or damage to the car, the LESSEE shall pay their cost according to the assessment of an expert of the insurer or by agreement between the parties (LESSOR-LESSEE) with regard of the current market prices.

 

RIGHTS AND OBLIGATIONS OF THE LESSOR

Art. 6 The LESSOR shall:

(1) receive in due time the rental price for the use of the car agreed in this contract;

 

(2) check whether the rented car is used for its intended purpose of this contract without interfering with the LESSEE;

 

(3) require from the LESSEE information about the operational and technical condition of the car;

 

Art. 7 The LESSOR undertakes to:

 

(1) provide the car described in Art. 1 of the Contract in good operational and technical condition, cleaned after car wash, together with all accessories belonging to it after the signature of this contract, as well as its mandatory documents — registration card, Compulsory Civil Liability Insurance and a card for annual technical inspection.

(2) ensure the peaceful use of the rented car by the LESSEE for the period and action of this contract

 

RIGHTS AND OBLIGATIONS OF THE LESSEE

Art. 8 The LESSEE shall:

(1) receive the car in good technical condition and with regular documents.

 

(2) freely use the car according to its intended purpose for the duration of the contract.

 

Art. 9 The LESSEE undertakes to:

 

(1) pay the LESSOR the remuneration agreed in this contract in the amount and within the deadlines specified below.

 

(2) take care of the car with due diligence preferring to maintain its preservation to his/her belongings and return it in good technical condition and completeness at the total price agreed below.

 

(3) not sublet the use of the car to others, including family members, without the express consent of the LESSOR.

 

(4) immediately notify the LESSOR of any problems encountered during its use, including technical failures or attacks by third parties.

 

(5) not operate the rented car after consuming alcohol, drugs or other strong intoxication substance. In case of occurrence of road accident with the car in which the supervisory authorities note the use of alcohol or other strong intoxication substance by the driver of the car, regardless of who is to blame for the accident, the LESSEE shall pay the LESSOR all costs for the repair of the rented car plus twice the amount of rent for each missed out day.

 

(6) not leave in the car its documents for registration, insurance «liability Compulsory Civil Liability Insurance and the card for annual technical inspection. Otherwise, in case of theft, together with those documents, the LESSEE shall pay the LESSOR the full amount of the sum insured under the full AUTOCASCO insurance of the car, according to the assessment of the expert of the insurance company or by agreement between the two parties (LESSOR-LESSEE) according to the average market price of the car as of the day of the event.

 

а/ In case of loss of documents, keys, missing accessories or other equipment, an integral part of the car, they shall be paid /recovered/ by the LESSEE in the amount of the price current at the time of the loss.

 

(7) In case of road accident with the rented car, the LESSEE shall always request the preparation of a protocol by the authorities of the Interior Ministry and shall submit it to the LESSOR. Upon failure to submit such a protocol, the LESSEE shell pay the LESSOR all the costs of covering the damage.

 

а/ When by the fault of the LESSEE damage occurs in the use /operation/ of the car in circumstances where the insurance company refuses the payment of compensation /use of alcohol, other intoxicating substances prohibited by the law, as well as participation in a criminal act, embezzlement, etc., cases provided for in the Criminal Code constituting crime/, then the LESSEE is responsible for the full compensation in the amount of the damage assessed by the expert of the insurer /or according to the market price on the date of the event/, as well as for the costs of the assessment and removal of the damage until the restoration of the car in its original operating and technical state, including the state of the exterior and interior design, in which the LESSOR has provided the car.

 

b/ In case of sustained road accident or other damage, direct and immediate consequence of the use /operation/ of the car by the LESSEE, which require taking the car off the road and repair in a service-station until the removal of the damage, the LESSEE owes the LESSOR the rental price for each day – from the acceptance of the car in the service-station, the stay in the service-station for repair of the damage until the final repair of the damage, as a result of which the rental car has not worked as intended.

 

c/ With this contract the LESSEE shall be deemed notified and instructed by the LESSOR to comply with the rules of the road, as well as any legal restrictions on the road according to Road Safety Act (RSA). The LESSEE in his/her turn is obliged to observe the rules of the road, as well as any restrictions on the road according to the RSA. The LESSOR shall not be liable for infringements of the RSA committed by the LESSEE during the use of the car as well as for pictures ascertaining exceeded speed by fixed or mobile cameras of the authorities of the Ministry of Interior.

 

d/ The LESSOR shall not be responsible for the availability of fuel in the car, while the latter is in possession of the LESSEE. The LESSEE shall load the car at his/her own expense. In the event that due to running out of fuel or any reason of nature related to the operation and driving by the LESSEE, the costs for roadside assistance in repatriating the car to service provider of the LESSOR shall be charged to the LESSEE.

(8) The LESSOR shall hand over to the LESSEE the car after cleaning in a carwash. At the same condition the LESSEE must return the car, and in case he is not able to arrange this, then when returning the car the LESSEE shall pay the price for this service in the amount of 15.00 BGN.

(9) The LESSEE declares that:

a/ he/she is at least 21 years old;

b/ he/she holds regular and valid personal documents — passport, identity card, driver’s license and control card;

c/ he/she will use the car only for its intended purpose;

d/ he/she will not provide the rented car to third parties.

няма да предоставя наетия автомобили на трети лица.

Art.10 The LESSEE shall not:

(1) Rent the car and sublet it to third parties;

(2) Use the car for towing another vehicle or trailer, as well as to participate in competitions, trainings, practices or tests, to transport heavy bulk and other cargo;

(3) Drive the car drunk or after taking drugs and/or other intoxicating substances;

(4) Use the vehicle outside the Republic of Bulgaria, unless otherwise expressly agreed in the contract signed between the parties.

(5) Sell or pledge the rented car, equipment, tools and related accessories.

Art.11 Failure to return the rented vehicle by the LESSEE for more than 24 (twenty four) hours from the time of return specified in the contract shall be considered embezzlement and the Lessor shall inform the competent authorities, reserving all rights under this contract.

Art.12 The LESSEE shall declare that he/she knows the following circumstances: the rented car is not his/her property; with this contract he/she is provided the car to keep it, maintain and operate; the LESSEE shall not treat the rented car as his/her own and if he/she does this – he/she is responsible under Art. 206 of the Criminal Code for embezzlement.

 

AMOUNT OF RENTAL PRICE AND TERM OF THE CONTRACT

Art.13 The LESSEE shall pay the LESSOR rental price for the use of the car in the amount of …………………… BGN per day/24 hours, payable as follows: ……………………………………………………………………………………………………. The LESSEE shall use the following discounts: ………………………………………………………

……………………………………………………………………………………………………………………………

Art.14 The LESSEE shall pay the LESSOR the full rental price and the deposit upon receipt of the car.

(2) In case he/she wishes to travel abroad with the rented car, the LESSEE must notify the LESSOR and this shall be entered in the contract. In this case, all necessary additional insurances shall be paid by the LESSEE.

Art. 15 The contract is concluded for a period from (date) ……………………  / …………. (hour) to (date) …………………. /  …………… (hour).

 

Art. 16 If he/she wants extension of the contract, the LESSEE shall notify the LESSOR at least 24 hours before the expiry of the contract.

 

Art. 17 Extension of the contract is only valid with the signing of an annex between the parties.

Art.18 Upon returning the car with an empty tank, the missing fuel shall be paid by the LESSEE.

Art.19 Any sanctions imposed by the supervisory authorities to the LESSOR for his/her failure to comply with the Road Safety Act or other regulations of the Republic of Bulgaria, the same shall be paid by his/her.

PENALTIES

Art.20 For delay of the return of the rented car, according to the terms stipulated in the contract, the LESSEE shall pay the following penalties:

(1) Upon delay of up to 3 (three) hours the LESSEE shall owe a penalty equal to half of the daily rental price;

 

(2) Upon delay from 4 to 8 (eight) hours the LESSEE shall owe a penalty equal to 1 (one) daily rental price;

(3) Upon delay from 8 (eight) to 24 (twenty-four) hours the LESSEE shall owe a penalty equal to 2 (two) daily rental prices;

(4) 3a each day of delay the LESSEE shall pay a penalty of 2 (two) daily rental prices.

 

 

TERMINATION OF CONTRACT

Art. 21 The contract shall be terminated in the following cases:

 

(1) With the expiry of the contract and the return of the car;

(2) Upon mutual consent of the parties expressed in writing and upon settlement of all financial issues relating to the use of the car;

 

(3)Before the term by the LESSOR if the car is not used as intended and in violation of this contract.

 

(4) Upon flagrant violation of the obligations of the LESSEE to protect the car, at the discretion of the LESSOR, that the car is endangered or destroyed as a result of gross negligence by the LESSEE, the latter is obliged to return the car and its documentation at the request of the LESSOR.

 

(5) With the expiration of 24 hours from the deadline for returning the car, if the LESSEE has not informed and signed an ANNEX for this, the contract shall be considered terminated. In this case, the LESSOR has the right to request the authorities of the Ministry of Interior to declare a national search for the car and the LESSEE shall owe a penalty pursuant to Art. 20 of this contract.

 

ADDITIONAL PROVISIONS

 

Art. 22 Any disputes arising from the interpretation and implementation of this contract, the parties shall settle amicably, by agreement, and in the absence of such — by court order.

 

Art. 23 The relevant provisions of the civil legislation of the Republic of Bulgaria shall also apply for the issues not explicitly agreed upon in this contract.

 

Art. 24 This contract has been drawn up in two identical copies — one for each party as the original remains with the LESSOR, and the copy — with the LESSEE.

 

LESSOR ……………………………….……………………………………………………………………….

 

LESSEE …………………………………………………………………………………………………………

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