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 1 year, except for drivers aged 30 and over. 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 in case it is issued by a state that is no member under the Vienna Convention on Road Traffic of 08.11.1968.
Art. 3. If the RENTER in the car rental agreement is a Bulgarian or foreign legal entity, the legal entity is jointly and severally liable with the main and additional driver. 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 bank card (debit/credit), 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, if any, shall be listed in the hand over protocol. 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 in conjunction with Art. 29. 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. In case of technical damage to the main car due to factory defect or natural wear, the OWNER is obliged to provide a replacement car of similar or higher class within 3 working days at the nearest office of the company. In case of impossibility to move the damaged car on its own to the nearest office of the OWNER, the same is obliged to deliver the replacement car to the location of the immobilized main car.
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 contract, which guarantees the conscientious fulfillment of the RENTER's obligations under the contract and serves to compensate the OWNER for damages to the rented car, occurred during the contract and to cover additional costs for the OWNER, that have incurred during the period of possession of the rented car by the RENTER. In case the deposit is provided with a bank card (debit/credit), the RENTER is obliged to visit the nearest office of the OWNER on a working day before the twenty-fifth day of its provision to make a new deposit with the same bank card (debit/credit). On the day of providing the new deposit, an employee of the OWNER makes a mandatory inspection of the rented car and if the inspection does not reveal new damage, the previous deposit is released. If the RENTER has not made a new deposit before the expiration of the twenty-fifth day after the previous deposit, the OWNER has the right to apply Art. 12, item 2 of these General Terms. Upon return of the car in time by the RENTER and under the conditions of correct use, without damages and deficiencies, the deposit is 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 bank card (debit/credit) 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 bank card (debit/credit) 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 bank card (debit/credit) 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 under Art. 29 or other legal or described in this agreement grounds
- collection of fees that have not been paid by the RENTER, including fees paid to suppliers for consumed electricity when renting an electric car
- 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
- 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.
- 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. 19;
- 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 bank card (debit/credit) 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. Art. 15. When the RENTER has NOT paid for an additional fee under Art. 30. 2, in the event of theft, damage or an accident, after which the car cannot fulfill its main purpose, the sums paid by the RENTER under the contract are not subject to reimbursement.
Art. 16. The rental price does not include operating costs, such as wiper fluid, Adblue, fuel, charge of the battery of elecric vehicle, related to the use of the rental car during the rental period, which are paid by the RENTER, as well as:
- upon returning the car with not full tank, the RENTER shall pay the missing fuel and an administrative fee according to the official price list under Art. 29;
- upon return of an electric car with a battery charge below 80%, the RENTER shall pay for the missing electricity according to the official price list under Art 29. The electricity used by the charging stations through the access cards provided at the beginning of the lease is paid by the RENTER according to the information provided by the supplier.
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 48 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, posted on the first page of the rental contract, calculated according to the official price list under Article 29.
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 has paid "Prepaid fuel" fee when renting the car and returns the car with some part of this fuel, the OWNER does not owe a refund for the unused fuel.
- If daily mileage limit in kilometres is entered in the car rental agreement and the RENTER has exceeded it, then upon returning the car he/she shall pay a fee for the over mileage, calculated according to the official price list under Art. 29.
- Upon return of an electric car with a remaining charge for mileage less than 30 km, the RENTER shall owe an administrative fee according to the official price list under Article 29.
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 husband, 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 responsibly the car key and registration certificate and to not 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 the car subject to the car rental agreement is not allowed to be used or it’s registration plates are removed 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 391,16 BGN/€ 200. The RENTER shall pay the full rental price, according to the p. 29 of the General terms of the rental agreement, for each day during which the car is not allowed to be used or it’s registration plates are removed. 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 (0) 700 89 050 or +359 (0) 890 170 170 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 the one 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" fee in amount, published on the official web-page https://toprentacar.bg/en/one-way-rentals and an administrative fee regarding p. 31.
- 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-return by the RENTER of the registration certificate, the key, the policy for "Civil liability" /jointly or separately/ in case of theft of the car by a third party.
- In case of loss, destruction or theft of registration certificate, electric vehicle charge card, key, technical inspection symbol, ”Third party liability” policy and car number, the RENTER shall pay a fee according to the official price list under Art. 29.
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 for payment, the transportation by the rental car of hitchhiking people, large, bulk or other loads, beyond the permissible ones by the car manufacturer; using the car for commercial purposes, paid carriage of people, goods and others; 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 under Art. 29.
Art. 29. The compensations and penalties due by the RENTER are determined in accordance with official price list, for the specific class of car designated with the relevant ACRISS code. 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 an additional payment by the RENTER upon request and their checking on the first page of the agreement, after payment for the relevant fees:
- “Tyre & 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 vehicle and a “Declaration for an occurred event“. 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.
- “TOP PROTECTION” fee.3. It includes a Tyre & Glass COVER Fee, and further releases the RENTER from liability for damage to the exterior of the car, which are certified by document from 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 "TOP PROTECTION" fee gives the following rights to the RENTER described in points 2.1 to 2.5:
- In case of a road accident, damage, fire or theft, the RENTER’s deposit will be refunded in full.
- In case of an accident, damage, fire or theft on the territory of the Republic of Bulgaria, the RENTER will receive a replacement car in the nearest office of the OWNER.
- 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.
- In the case of damages occurred in a single event, up to 3 adjacent elements with up to 1 deformation to one of the three elements without a structural integrity loss, the deposit of the RENTER will be unblocked in full, after filling a “Declaration for an occurred event“ even if the terms of art.30 p.2 have not been fulfilled.
- "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.
- "LATE SERVICE" fee for renting out or returning a car at the hours indicated on the company's website or on the days specified in the official price list. It is also noted in the contract as "LATE SERVICE FEE".
- 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.
- Prepaid fuel fee. It may be specified as "PREPAID FUEL" in the agreement. The RENTER pays in advance the value of the fuel in the car tank.
Art. 32. The payment "TOP PROTECTION" and "Tyre & 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.