Agreement for renting a motor vehicle /rent-a-car

SUBJECT MATTER OF THIS AGREEMENT

Article 1. THE LESSOR shall provide to THE LESSEE for temporary use against consideration motor vehicle described in the contract on page 1.

Article 2. THE LESSEE shall return the delivered motor vehicle within the deadlines, under the rules and procedures and under the terms and conditions of this Agreement, and shall pay THE LESSOR remuneration for the duration of using the motor vehicle according to the method, to the amount of and within the deadlines, set forth herein below.

HANDOVER AND RETURN OF THE MOTOR VEHICLE

Article 3. By signing this Agreement, the parties hereby confirm that the motor vehicle has been handed over to THE LESSEE in full working condition and in excellent operational and technical state, corresponding to all of the requirements for traffic safety and fully assembled. THE LESSOR shall hereby confirm that the motor vehicle is insured under the terms and conditions of full “Motor Own Damage” insurance and the mandatory insurance “Third Party Liability”.

Article 4. At the time of renting the motor vehicle, THE LESSEE shall inspect the motor vehicle for any faults and should THE LESSEE find any, THE LESSEE shall immediately notify THE LESSOR of this. Any claims as regards to the condition of the motor vehicle shall be made at latest by the time of its handover by THE LESSOR.

Article 5 (1) For the handover of the motor vehicle from THE LESSOR to THE LESSEE, the parties shall sign a handover statement, wherein they shall certify the handover of the motor vehicle in good working order, the fuel availability shall be indicated, any and all attached documents shall be detailed, as well as any accessories that the motor vehicle is handed over with, and any possible remarks, if any.

(2) At the time of release and return of the motor vehicle by THE LESSEE, a handover statement shall be signed by and between the parties, which shall detail the condition of the motor vehicle, as well as its interior and exterior. In case any shortages and/or damages caused to the interior or the exterior of the motor vehicle are observed, the following shall be included in the statement. In case THE LESSEE has failed to sign the handover statement, stipulated in the previous sentence, THE LESSEE shall owe THE LESSOR liquidated damages to the amount of the deposit set forth in article 10, paragraph 3. Circumstances in which THE LESSEE has failed to sign the statement shall be detailed by a representative of THE LESSOR, who is signing the statement.

RIGHTS AND OBLIGATIONS OF THE LESSOR

Article 6. THE LESSOR shall have the right:

6.1. To receive in due time the rental amount stipulated in this Agreement for the use of the motor vehicle, the warranty deposit, as set forth in article 10, paragraph 3, and all other sums of money, payable under this Agreement;

6.2. To inspect whether the rented motor vehicle is used per designation and in compliance with this Agreement, without interruptions to THE LESSEE;

6.3. To request from THE LESSEE any information regarding the technical condition of the rented motor vehicle.

Article 7. THE LESSOR shall have the following obligations:

7.1. To provide the motor vehicle detailed in Article 1 of this Agreement in good operation and technical condition, after car-wash cleaning, as well as all mandatory documents for the motor vehicle – registration card, “Third Party Liability” insurance and annual technical inspection card.

7.2. To provide the uninterrupted use by THE LESSEE of the rented motor vehicle for the term of validity of this Agreement

RIGHTS AND OBLIGATIONS НА THE LESSEE

Article 8. THE LESSEE shall have the right:

8.1. To receive the motor vehicle in good technical condition and with correct documents.

8.2. To use the motor vehicle uninterrupted according to the motor vehicle’s designation, and in compliance with this Agreement for the term of this Agreement.

Article 9. THE LESSEE shall have the following obligations:

9.1. To pay THE LESSOR the sums of money stipulated in this Agreement to the amount and within the deadlines, stipulated herein below. In case THE LESSEE has failed to pay any sum of money, payable under this Agreement within the stipulated deadline, THE LESSEE shall owe liquidated damages for payment in arrears to the amount of 1 % (one percent) of the amount outstanding for each day.

9.2. To take good care of the motor vehicle and shall favor the preservation of the motor vehicle to the preservation of the LESSEE’s own possessions, and to return the motor vehicle in good technical condition and with all accessories THE LESSEE has received the motor vehicle with, and with all of the documents received by THE LESSOR.

9.3. To not cede the use and driving of the motor vehicle to other persons, including family members, without the express written agreement of THE LESSOR.

9.4. To inform THE LESSOR immediately of any problems which have occurred during the use, including technical failures or any third party violations.

9.5. To not drive the rented motor vehicle after consuming alcohol or any other intoxicating substance. Failure of THE LESSEE to perform the obligation under the previous sentence shall mean THE LESSEE shall owe to THE LESSOR liquidated damages to the amount of the deposit set forth in article 10, paragraph 3. In case of any Traffic Accident with the motor vehicle, in which the regulatory bodies have found that the driver of the motor vehicle has used alcohol or any other intoxicating substance, regardless of the reason for the Traffic Accident, THE LESSEE shall pay THE LESSOR liquidated damages set forth under the previous sentence, the liquidated damages set forth in article 9.11., as well as liquidated damages for all harm suffered due to the damaging of the motor vehicle. The amount of the liquidated damages under the previous sentence shall be determined on the basis of a proform invoice, issued by an authorized auto-repair shop for the removal of the damages caused, inclusive of all necessary parts and utilities, as well as remuneration for the work.

9.6. Shall not leave in the motor vehicle any of the registration documents that have been handed over to the LESSEE, the “Third Party Liability” insurance, and the annual technical inspection card (ATI). Failure to perform the obligation under the previous sentence shall mean that THE LESSEE shall owe to THE LESSOR liquidated damages to the amount of the deposit set forth in article 10, paragraph 3. In case of failure to perform the obligation under sentence first, in case of theft of the motor vehicle, together with the documents indicated, THE LESSEE shall owe to THE LESSOR the liquidated damages under the previous sentence, as well as liquidated damages to an amount equal to the full amount of the insurance, indicated in the insurance policy for insurance MOTOR OWN DAMAGE of the motor vehicle, concluded as of the date of the theft. THE LESSEE shall also pay THE LESSOR the liquidated damages set forth in article 9.11. for the time from the date of expiration of the agreed term of this Agreement to the date of receiving the liquidated damages under the previous sentence.

9.7. THE LESSEE shall have the obligations under the previous article 9.6., sentences two and three, and in all other cases of theft of the motor vehicle, in which cases the insurer has refused the payment of insurance compensation.

9.8. In case of loss of documents, keys, missing facilities or other equipment, integral to the motor vehicle the motor vehicle, THE LESSEE shall owe liquidated damages equal to the amount of the deposit set forth in article 10, paragraph 3.

9.9. In case of Traffic Accident with the rented motor vehicle, THE LESSEE shall request that a statement is drafted by the bodies of the Ministry of Interior, and shall provide the statement to THE LESSOR. Failure to provide such protocol shall mean that THE LESSEE shall owe THE LESSOR liquidated damages to the amount of the deposit, set forth in article 10, paragraph 3. In case that as the result of the occurring Traffic Accident the motor vehicle is damaged, THE LESSEE shall owe to THE LESSOR the liquidated damages under the previous sentence, the liquidated damages set forth in article 9.11, as well as liquidated damages for all harm suffered due to the damaging of the motor vehicle. The amount of the liquidated damages under the previous sentence shall be determined on the basis of proform invoice, issued by an authorized auto-repair shop for the removal of the damages suffered, inclusive of all necessary parts and utilities, as well as remuneration for the work.

9.10. In all cases of damages suffered by the motor vehicle, for which the insurance company has refused to make payment for insurance compensation /including due to use of alcohol and other intoxicating substances, as well as in case of appropriation, etc. stipulated in the Penal Code, which constitute a crime/, as well as in case the respective event is not a risk covered under the insurance policy, or in case the insurance compensation is not sufficient to cover all damages, THE LESSEE shall owe to THE LESSOR liquidated damages for all of the damages suffered due to the damaging of the motor vehicle. The amount of the liquidated damages under the previous sentence shall be determined on the basis of proform invoice, issued by an authorized auto-repair shop for the removal of the damages suffered, including all necessary parts, utilities and remuneration for the work. In the cases under the previous sentence, THE LESSEE shall also owe the amount of liquidated damages, set forth in article 9.11.

9.11. In all cases in which THE LESSOR is deprived of the use of the motor vehicle (for example due to need for removal of damages, caused during the term of this Agreement), including in the cases set forth in items 9.5., 9.6., 9.7., 9.9., 9.10. and 9.13., THE LESSEE shall owe to THE LESSOR liquidated damages to the amount of the daily rent stipulated under this Agreement for each new day, in which THE LESSOR has been deprived of the possibility to use the motor vehicle.

9.12. Under this Agreement, THE LESSEE shall comply with any and all of the traffic rules, as well as all legal traffic restrictions according to the Traffic Act. THE LESSOR shall not be responsible for any and all violations of the Traffic Act by THE LESSEE during the operation of this Agreement, including violations for which photographs exist, which have established driving over the speed limit, detected by fixed and/or mobile cameras of the bodies of the Ministry of Interior. Failure to perform the obligation under sentence one shall mean that THE LESSEE shall owe liquidated damages to the amount of the deposit set forth in article 10, paragraph 3.

9.13. THE LESSOR shall not be responsible for the availability of fuel in the motor vehicle for the duration of possession of the motor vehicle by THE LESSEE. THE LESSEE shall fuel the motor vehicle at its own expense. In case that due to fuel depletion or due to any other reason, related to the management and driving of the motor vehicle by THE LESSEE, the use of tow services is required, or in case of any damages occurring on the motor vehicle, the tow services expenses for the repatriation of the motor vehicle to the auto-repair shop, servicing THE LESSOR, as well as any and all expenses for the removal of harm, shall be at the expense of THE LESSEE. In the cases under this article, THE LESSEE shall owe liquidated damages to the amount of the deposit set forth in article 10, paragraph 3, as well as liquidated damages set forth in article 9.11.

9.14. THE LESSOR shall provide to THE LESSEE the motor vehicle after cleaning in a car wash. THE LESSEE shall return the motor vehicle in the same condition, and in case this is not possible to organize, THE LESSEE, at the time of returning the motor vehicle, shall pay the price for the service to the amount of 20 (twenty) Euro, or the equivalency in BGN at the daily exchange rate of the Bulgarian National Bank, and this circumstance shall be reflected in the Handover Statement.

9.15. THE LESSEE shall return to THE LESSOR the motor vehicle with the same level of fuel as the motor vehicle had when THE LESSEE received it. Failure to do so shall mean THE LESSEE shall owe penalty fare which is defined by THE LESSOR  depending on the case .

9.16. THE LESSEE shall observe the levels of oil, water, anti-freezing liquid and braking liquid in the motor vehicle, and shall provide for the motor vehicle to be placed in a secured parking lot, if such exists.

9.17. THE LESSEE shall not have the following rights:

a/ to use the motor vehicle to tow another motor vehicle or trailers, and to participate with it in races, trainings, practices or trials;

b/ to transport big loads, bulk cargo or any other cargo with the motor vehicle.

c/ to drive the motor vehicle intoxicated or after using narcotics or any other intoxicants or intoxicating medication;

d/ to sub-lease the rented motor vehicle to third parties;

e/ to cross the state borders of the Republic of Bulgaria without a notarized Power of Attorney, issued by THE LESSOR, and any other documents necessary for it. An additional charge of 60 Euro shall exist for each state, as well as “Green Card” charge. In case THE LESSEE leaves the borders of the country with the motor vehicle rented by THE LESSEE, without first obtaining the explicit agreement of THE LESSOR, respectively without obtaining a Power of Attorney, THE LESSEE shall owe liquidated damages to the amount of 10 000 (ten thousand) Euro.

9.18. THE LESSEE shall ensure the compliance of this Agreement by any parties accompanying THE LESSEE in the use of the motor vehicle. THE LESSEE shall be responsible for any and all actions or failures to act by any accompanying third parties, as if those actions and failures to act were THE LESSEE’s own. In case THE LESSEE is a legal entity, THE LESSEE shall ensure the compliance of this Agreement by the respective natural person which shall use the motor vehicle, and THE LESSEE shall be responsible for any and all actions and failures to act of that person as if these actions or failures to act were THE LESSEE’s own.

9.19. In all cases of failure by THE LESSEE to perform any of the obligations under this Agreement, for which no other liquidated damages have been stipulated, THE LESSEE shall owe to THE LESSOR liquidated damages to the amount of 50 percent of the deposit stipulated under Article 10, paragraph 3 for each failure to perform obligations.

9.20. In case the amount of the harm suffered by THE LESSOR has exceeded the amount of the respective liquidated damages, stipulated under this Agreement, THE LESSOR shall have the right to receive liquidated damages for all harm suffered above the amount of the liquidated damages.

9.21. Any and all liquidated damages and compensations stipulated in this Agreement shall also be due in case of termination or dissolving this Agreement, including in the cases set forth in article 17.3.

RENTAL AMOUNT AND TERM OF THIS AGREEMENT

Article 10 (1) THE LESSEE shall pay to THE LESSOR rent for using the motor vehicle to the amount described in the contract on page 1.

(2) Anything agreed to the contrary notwithstanding, THE LESSEE shall pay any and all other amounts (charges, liquidated damages, compensations, etc.), payable under this Agreement, at the earlier of the two moments – at the time of handover of the motor vehicle to THE LESSOR, or at the time of termination of this Agreement.

(3) In the day of signing this Agreement, THE LESSEE shall pay THE LESSOR a warranty deposit described in the contract on page 1.. The amount of the deposit can be one and only blocked by cart which is presented by the THE LESSEE.

(4) The receipt of the deposit payment set forth in paragraph 3 is a prerequisite for validation of this Agreement. In case the deposit is not paid by THE LESSEE within the stipulated term, respectively in case the blocking of the sum of the deposit proves impossible (for example due to insufficient funds available), this Agreement shall not result in any legal consequences, and The LESSOR shall have the freedom to dispose with the motor vehicle as THE LESSOR may find appropriate.

(5) In case THE LESSOR has no claims to THE LESSEE, THE LESSOR shall return/release the deposit within 5 (five) work days as of the expiration of the deadline of this Agreement, respectively the termination or dissolving this Agreement on any other grounds.

(6) In all cases in which THE LESSOR has any claims to THE LESSEE under this Agreement, THE LESSOR shall have the right to withhold, and respectively to utilize in full or partially the sum of the deposit, without requiring any additional agreement by THE LESSEE. In case the claims of THE LESSOR are to an amount less than the sum of the deposit, THE LESSOR shall return and respectively release the remainder of the deposit within 5 (five) workdays after withholding/utilizing the respective amount payable.

(7) In case the warranty deposit is not sufficient to cover the respective claims of THE LESSOR, and in case the card provided by THE LESSEE does not have sufficient funds to fully cover the needs of THE LESSOR, as stipulated in Article 19, THE LESSEE shall pay the respective amount due to the bank account of THE LESSOR within 3 (three) workdays as of the date on which THE LESSEE has been notified in writing by THE LESSOR of the amount payable.

Article 11. The term of the contract is defined on page 1 of the contract.

Article 12. In case THE LESSEE would like to extend the term of this Agreement, THE LESSEE shall inform THE LESSOR of this at least 24 hours prior to the expiration of the term of this Agreement.

Article 13. Any extension to the term of this Agreement shall be additionally performed by mutual consent of the parties.

Article 14. In case of a probability for THE LESSEE to fail to comply with the deadline for return of the rented motor vehicle by THE LESSEE, THE LESSEE shall inform THE LESSOR at least one hour prior to the occurrence of the designated return time. On this case THE LESSEE may continue to use the rented motor vehicle, in case the LESSEE has obtained the agreement of THE LESSOR, and THE LESSOR has confirmed that there has not been any booking for the motor vehicle. THE LESSEE shall owe the following for the additional term of use:

a/ In case of delay in the return of the motor vehicle by up to 5 (five) hours after the expiration of the hour in which the motor vehicle was expected to be returned, THE LESSEE shall pay THE LESSOR 1/24 (one twenty-fourth part) of the daily rental amount, stipulated in this Agreement for each hour of delay.

b/ In case of delay in the return by more than 5 (five) hours, THE LESSEE shall pay the full rental amount for the motor vehicle for 1 day (24 hours) stipulated in this Agreement.

Article 15, Failure to perform the obligation to return the rented motor vehicle by THE LESSEE by more than 12 (twelve) hours as of the date of expiration of the stipulated deadline without informing THE LESSOR of this, shall be considered appropriation, and THE LESSOR shall inform the competent bodies of the Ministry of Interior and the Insurance Company, shall report the rented motor vehicle as stolen, shall report a police search for THE LESSEE, and shall retain all of the rights under this Agreement. In the cases stipulated in the previous sentence, THE LESSEE shall owe to THE LESSOR, other than the rental amount, set forth in article 14, letter “b”, also liquidated damages to the amount of the deposit set forth in article 10, paragraph 3. For each new day in arrears, starting with the second day, THE LESSEE shall also pay the liquidated damages set forth in article 9.11.

Article 16. In case THE LESSEE has decided to return the motor vehicle rented by THE LESSEE earlier than the date of expiration of this Agreement, THE LESSEE shall warn THE LESSOR at least 24 hours prior to the return. In case of return of the motor vehicle prior to the deadline, THE LESSOR shall not have the obligation of refunding any portion of the received rental amount.

Article 17 We return money ONLY to the SAME card / bank account the payment has been done with.

TERMINATION OF THIS AGREEMENT

Article 18 (1) This Agreement shall be terminated in the following cases:

18.1. With the expiration of the term under this Agreement, set forth in Article 11, and handover of the motor vehicle.

18.2. By mutual consent of the parties, expressed in writing, in the settlement of any and all financial matters, related to the use of the motor vehicle.

18.3. In advance by THE LESSOR, in case the motor vehicle is not used as per designation, or is used in breach of this Agreement, or in case THE LESSEE has failed to perform its obligation under this Agreement, or in case THE LESSOR has agreed there is a risk of such failure to perform (for example due to intoxicated state of THE LESSEE, or any of the persons accompanying THE LESSEE). In the cases under the previous sentence, THE LESSOR shall have the right to terminate this Agreement effective immediately, and shall inform THE LESSEE of this with a phone call.

(2) The termination of this Agreement shall not have an impact on the rights of THE LESSOR, which have occurred prior to it, as well as the rights of THE LESSOR to receive the respective agreed liquidated damages and compensations for harms and violations, which have been found after the termination of this Agreement (including in case of damages to the motor vehicle which have been found later, in case of follow-up receipt of documents for any imposed fines, in case of follow-up rejection of the insurer to pay liquidated damages, etc.)

ADDITIONAL PROVISIONS

Article 19. By signing this Agreement, THE LESSEE shall agree for the personal data of THE LESSEE (respectively data of its representatives) to be processed for the purposes of this Agreement, as set forth in article 19, paragraph 1 of the Personal Data Protection Act (PDPA), and article 6, item 1, letter “a” of Regulation (EU) 2016/679 of the Europeanp Parliament and of the Council dated April 27, 2016, and THE LESSOR shall guarantee that THE LESSOR shall use them for objectives other than the objectives agreed.

Article 20. By signing this Agreement, THE LESSEE shall provide its explicit agreement for THE LESSOR to utilize all of the sums of money payable under this Agreement, including above the limit of the agreed deposit, from the payment card, provided by THE LESSEE for the purpose of presenting the deposit. THE LESSOR shall have the rights under the previous sentence and following the termination of this Agreement, including in the cases set forth in article 17, paragraph 2, as well as after the return/release of the guarantee deposit.

Article 21. Any and all disputes which have occurred in the interpretation and performance of this Agreement shall be settled by the parties acting in good faith, through mutual agreement, and in case of failure to reach an agreement – by way of court procedure.

Article 22. Any matters not settled under this Agreement shall be settled in compliance with the provisions of the civil laws in the Republic of Bulgaria, as well as with the respective provisions of the General Terms and Conditions, published on the website of THE LESSOR – www.emeraldrental.com, said General Terms and Conditions shall be integral to this Agreement, and THE LESSEE hereby confirms that THE LESSEE is familiar with the General Terms and Conditions.

Article 23. For the purposes of this Agreement, any and all notices, communication, etc. may be sent to the following electronic addresses: contacts@emeraldrental.com for THE LESSOR and the e-mail address provided in your registration for THE LESSEE.

This Agreement has been drafted in two identical counterparts – one for each party.

 

Please take a minute to read the following important information :

  1. Please be aware that road taxes, fuel and parking tickets are not included in the price.
    • You can buy the vignette sticker for the road taxes in every gas/petrol station and stick it on the front window of the vehicle. It covers all roads in Bulgaria including highways.
    • The vehicle is provided with full tank and you shell return it full. In case of lack of fuel you will be charged from the warranty deposit.
  2. You shell return the vehicle after car-wash cleaning. In case you return it not clean you will be charged €20 – €40 from your warranty deposit
  3. You shell use the car park pass provided with the documents to leave or enter Sofia airport car park. Please touch in and out the pass next to the green button.  Do not take a ticket from the machine as you will be charged € 20 from your warranty deposit. In case of any problems with the pass, please inform the Emerald desk  before leaving the vehicle on the street.
  4. You shell return the vehicle at the date and time written in your contract. In case you are getting late or you would like to extend the contract please call in advance and inform the Emerald desk at Sofia airport.
  5. Smoking inside the vehicle is not allowed. The penalty fare is € 100.