GENERAL TERMS AND CONDITIONS FOR LEASING CARS
These General Terms and Conditions govern the provision of car leasing by Best Cars Ltd., UIC 200482470, hereinafter referred to as the Lessor. The Lessee agrees to these General Terms and Conditions, has received a copy thereof and is bound by them in their respective version, which is in effect at any moment. The Lessor leases its own or leasing cars under the financial terms of the Lease Agreement.
I. ACCEPTANCE AND HANOVER
1. The car is handed over to the Lessee in a good technical condition, fully filled up with petrol, equipped as required by the the Traffic Control Authority (KAT), and with the additional equipment ordered by the Client. The status of the car is certified by a Handover Protocol, which is an integral part of this Agreement, whose terms and conditions specify the return of the car. The car shall be returned in the period specified in the Agreement in the state in which it was handed over – fully filled up with petrol and fully equipped. 2. In case the Lessee wishes to extend the lease period, he/she shall notify the Lessor accordingly by sending an e-mail to the following e-mail address: firstname.lastname@example.org or by phone no later than 24 hours before the expiration of the leasing period. 3. In case of a delay for returning the car after the lease period expiry, the Lessee owes the sum of the agreed lease determined according to the rules of Section III of these General Terms and Conditions, increased by 50%. In case that the car is not returned within 24 hours or more, it shall be deemed to have been appropriated and the Lessor shall have the right to alert the competent authorities by retaining its rights under this Agreement.
II. REQUIRED DOCUMENTS AND REQUIREMENTS TO THE DRIVER, USE OF THE CAR
1. To lease a car, the driver (Lessee) shall be at least 21 years old and shall hold a valid driving license issued at least one year before the conclusion of the Lease Agreement. The Lessee shall present an original of the driving license as well as a control card, an ID card (passport) and a credit card that shall be the same as the one presented at the time of booking and it shall be valid at the time of the car lease and for a period not shorter than 1 month from the date of leasing. The Lessee agrees to a direct debit to his/her payment account within the meaning of the Law on Payment Services and Payment Systems (LPSPS) in favour of the Lessor. In case that the credit card expires during the lease period of the car, and in case that the Lessee fails to submit any of the documents described herein, the Lessor may refuse to conclude the agreement. In this case the Lease Agreement shall be considered to be fulfilled by the Lessor and the refusal will not be treated as a failure to fulfil the concluded Agreement. 2. The leased car can be driven only by the person entered in the Lease Agreement or by the additional driver entered in the Agreement. In case that an additional driver is entered in the Agreement, the latter is obliged to present to the Lessor his/her driving license in the original, including all the documents referred to in clause II.1 above, which relate to the first registered driver, not later than 48 hours before the car handover date. All registered drivers are jointly and severally liable for the performance of their obligations under the concluded Lease Agreement. 3. In case that the Lessee is a legal person, he/she shall present a notarial power of attorney for the conclusion of the present Lease Agreement, a decision of the company Management Body for a car lease and the documents described in clause II.1, including the credit card of the person that will drive the car /the driver/. Obligation of the Lessee – a legal person is to establish the availability of a valid driving license of the authorised driver and to submit it to the Lessor. In all cases of employment by a legal person, the Lessor is responsible for the actions of the driver as for his/her own actions. This responsibility of the Lessee – a legal body does not exclude the full liability of the driver to the Lessor under the Lease Agreement. 4. The car can be used only on first-class roads, for the carriage of passengers and their personal luggage only. The car cannot be used in any ways different from those described above. The car cannot be subleased for use by third parties. The car cannot be driven after use of drugs, alcohol or medications. The car cannot be driven outside the territory of the country unless the driver has a special permission for this from the Lessor. 5. Any failure to comply with the provisions of this Section II, as well as in the cases expressly indicated in these General Terms and Conditions may represent grounds for the Lessor to terminate this Agreement.
III. PRICES AND PAYMENT METHOD
1. The lease is calculated on the basis of 1 car lease day (24 hours) or another period agreed in the Lease Agreement. The car lease for 1 day is announced in the Lessor’s Tariff by including the basic car leasing price and the basic car equipment, including a paid vignette, as well as Civil Liability and Motor Casco insurances. If the car is used for more than 2 hours after the lease period has expired, the Lessor charges a lease for one more day. The Lessor charges a lease following the above order until the return of the car. All additional services and equipment (e.g. a child seat, snow chains, navigation system, internet router, delivery and return charges) requested by the Lessee are not included in the price and are subject to a separate payment in accordance with the Lessor’s Tariff. 2. An additional fee may be collected by the Lessor for the period from 01 November to 28 February, which includes mandatory inclusion of the base car lease price and of the winter tires and chains. 3. The Lessee is obliged to pay: 3.1 any additional one-way car lease charges (car lease charges including return of the car in an office other than the car lease office), if any. When leaving the car in a location other than the previously agreed one, a collection charge, specified in the Lessor’s Tariff, is charged; 3.2 All fees and fines for improper parking and non-compliance with the Road Traffic Act relating to the car and to the relevant lease period, as well as an administrative fee of 50 Euro. In these cases the Lessor shall inform the competent authorities of the actual perpetrator of the offence established by them by submitting a declaration under Article 189 of the Road Traffic Act and the signed Lease Agreement, in which case the competent authorities shall engage the personal responsibility of the offender. 3.3. The Lessor’s costs, including officially incurred costs, permitted by law, made upon collection of the due sums by the Lessee; 3.4 The car lease price is paid fully and in full in advance upon reservation. In case of non-fulfilment of the obligation for full and advance payment, the Lessor may refuse to conclude the Agreement. In case that the car is not received by the Lessee or is returned by the Lessee earlier than the estimated time, the paid car lease fee is not refunded. 3.5 The Lessee is obliged to pay an additional fee for a special cleaning of the car (e.g. in the cases of odour removal, animal pollution, spillage of liquid, sand, etc.). The amount of this fee is determined by the Lessor’s Tariff. 4. The Lessee agrees to receive the invoices issued electronically at an email address designated by him/her. In this case, the invoice is deemed to have been received by the Lessee with the fact of its sending to the email address designated by the Lessee. The Lessee has the right to refuse to receive invoices by email, but in this case he/she owes payment of an additional fee according to the Tariff for printing and sending the invoice by mail. 5. Upon the conclusion of the agreement, the Lessee owes a warranty deposit in the amount indicated in the Lease Agreement. After return of the car, the deposit is released by deducting from it the amounts due by the Lessee under this Agreement, including sums due for damages, missing parts of the car, additionally ordered and unpaid services, lease due for use of the car outside the agreed duration of the Lease Agreement and the like, as well as for compensation to the Lessor for damages incurred as a result of the Lessee’s fault in connection with the Lease Agreement. 6. The warranty deposit is paid through an authorisation procedure and cancellation of the credit car authorisation. The corresponding deposit amount is authorised („blocked“) on the Lessee’s credit card and after returning the car in a perfect condition according to the Handover Protocol, the deposit is released by cancelling the authorisation. In case the warranty deposit does not cover the amounts due from the Lessee within the meaning of clause III.5, the Lessor has the right to collect them from the Lessee’s payment account on the basis of the given direct debit consent. 7. In case the Lessee has not fulfilled any obligation to pay the car lease price or any other obligation under the Lease Agreement, the Lessor has the right to terminate the agreement without delay, without owing a prior notice. 8. All payments to the Lessee under the Agreement are used to repay the Lessee’s obligations in the following order: 8.1 Repayment of any sums eventually paid by the Lessor to any due amounts for fines and other administrative penalties brought against the Lessor in its capacity of Owner of the Property by the relevant authorities in connection with the improper operation of the leased property by the Lessee 8.2 Penalty for a delay payment of car lease instalments, if any. 8.3 Other overdue liabilities of the Lessee, paid by the Lessor, such as interest rates, expenses, overdue lease payments and regular car lease instalments.
IV. RESERVATION AND CANCELLATION OF RESERVATION
1. The reservation is made via the Lessor’s on-line platform at www.travelbyelectric.com. The reservations are binding only with respect to the price group but not with respect to the type of car. In case the Lessee does not accept the leased car within 24 hours after the scheduled reception time, the Parties agree that they are not bound by this Agreement. In this case, the Agreement is terminated due to the fault of the Lessee as all paid sums are not subject to refund and serve to cover the Lessor’s costs. 2. Change of Reservation – Reservation can be changed up to 48 hours prior to handover of the car, for which the Lessee owes an additional fee of EUR 20. All advance payments made so far are not refundable. 3. Cancellation – Reservation can be cancelled up to 48 hours before the car is handed over. All prepaid amounts are refundable after deduction of an additional fee of 50% of the paid amount. Cancellation is made by electronic mail based on a message sent to the email addresses of the Parties designated in the Agreement. 4. For conduct of all payments, the following types of credit cards are accepted – Eurocard/Mastercard, American Express Card, VISA Card. The Lessee shall be the owner of the credit card and the latter shall be valid for performing a procedure of warranty deposit authorisation.
V. THEFT, DAMAGES
1. In case of theft, fire, damages caused by wild animals or in the occurrence of any other kind of damages, the Lessor or the authorised driver immediately notifies the police, including by telephone. This obligation also applies to the cases, in which the car is slightly damaged and in which the accident has occurred as a result of fault of the driver himself or herself, without the participation of third parties. 2. In case that the car is damaged during the lease period, the Lessee is obliged to immediately notify the Lessor in writing, specifying all the circumstances of the accident and the damaged parts of the car. To this end, the Lessee is obliged to fill in carefully and with due diligence the Lessor’s designated form for this, which form is delivered to the Lessee together with the car documents. 3. In case of damages, loss or theft of the car or of parts thereof arising from the fault of the Lessee, the latter shall be obliged to pay compensation in the amount of the full value of the lost or destroyed part or the whole car, as well as the costs of transporting and repairing, including the costs for leasing a replacement car, the costs for car transportation, repair and missed benefits. 4. The Lessee bears full responsibility in the following cases: : loss of keys and/or car documents, damage, loss or theft of a car registration number, loss of or damage to the wipers, glass and damages to the chassis of the car due to its unfair operation on behalf of the Lessee or respectively person related thereto, damages to tires, rims, hubcaps, emblems, strips, grilles, wipers, antennas or other missing parts. 5. The Lessee has the obligation to receive and provide to the Landlord a police protocol in case of theft or damage. 6. The Lessee is required to pay: 6.1 a fine of EUR 200, if the navigation system is stolen or lost; 6.2 a fine of EUR 200 to EUR 500 in case the documents, keys, registration plates of the leased car are stolen or lost. 6.3. an administrative fee of EUR 100 in case of a car accident, regardless of whose fault the accident has occurred.
VI. LESSOR’S RESPONSIBILITY
1. In the case of damage to the leased car, the Lessor provides within 24 hours another car for the duration of the Agreement. This does not apply to the cases of a ruptured tire, an exhausted battery as a result of driver’s negligence, missing fluids and lubricants. Addressing these issues is at the expense of the Lessee. 2. In case of exhausted batteries of the remote control of the central locking, the Lessee repairs the defect at his/her own expense and provides a document to the Lessor for a refund of the sum. The latter also applies to damages to the car which are not caused by the fault of the Lessee and which endanger the driver’s and passengers’ safety. 3. Before undertaking any repair on the car, the Lessee is obliged to inform the Lessor and to obtain his/her consent. Repairs are carried out only at workshops designated by the Lessor under the car warranty conditions and the Lessor accepts the workshop price list for the value and replacement of the spare parts and the conditions and terms for that, which information is received by the Lessor.
VII. RIGHTS AND OBLIGATIONS OF THE LESSEE
1. The Lessee is liable for damages occurred in the presence of intentional and gross negligence. 2. When the car is used by more than one driver, all drivers are held jointly and severally liable for its protection. During the term of the Agreement, the Lessee is obliged to take care of the leased car by protecting it against damages and theft, to inspect the car for working fluids and oils. 3. In case of occurrence of a road accident, damages during movement, fire or other insurance events, the Lessee is obliged to wait for the arrival of Traffic Police officers and for drafting of a protocol. Upon occurrence of a traffic accident, the Lessee is obliged to inform the Lessor immediately. 4. The Lessee is obliged to keep the car registration card and the keys separately from the parked car. 5. The Lessee is obliged not to smoke in the leased car. 6. The Lessee declares that he/she is familiar with and accepts the General Vehicle Insurance Terms and Conditions of the respective insurer. In case of a complete loss of the car as a result of an event that is not recognized by the insurer as an insurance event, e.g. the use of alcohol, crime, etc., the Lessee is liable to pay any damages and lost profits, as he/she is liable to pay immediately all remaining payments under the Agreement as a default payment. The last default payment is due independently and in addition to the other default payments agreed between the Parties. 7. Upon termination of the Lease Agreement, the Lessee shall immediately transfer the car ownership to the Lessor. If the Lessee fails to fulfil this obligation, the Lessor has the right to declare the car stolen to the relevant police authorities and to seek restoration of its rights of ownership following the appropriate procedure. In the cases under the above clause, the Lessee owes the Lessor a default of 100 (one hundred) percent of the value of the Lease Agreement, as well as reimbursement of all expenses related to the protection of the Lessor’s rights. 8. The Lessee is obliged to pay the car lease price, as well as all other contractual obligations, regardless of the use of the car under the Agreement. In case the Lessor renounces the use of the car before the expiry of the lease period, the Lessor owes a default to the Lessor in the amount of 100% on the value of the unpaid car lease prices for the originally determined duration of the Agreement. The paid car lease price is not refundable. 9. The Lessor is obliged to provide the car for warranty and post-warranty service in accordance with the Service Plan and/or at the instruction of the Lessor. 10. The Lessee is fully liable to the Lessor in case of unauthorised by the Lessor provision of the car for use to a third party.
VIII. OTHER TERMS AND CONDITIONS
8.1 All additions and amendments to this Agreement are valid, if made in writing and signed by both parties. 8.2 All communications between the Parties may be sent electronically to the email addresses of the Parties expressly indicated in the Lease Agreement. 8.3 All payments under the lease are made in Bulgarian levs at the BNB exchange rate for the day 8.4 The parties will decide through negotiations all disputes arising in connection with the execution of this Agreement, and if they fail to reach an agreement, the dispute will be referred for settlement by the competent Bulgarian court. 8.5 For all outstanding cases under this Agreement, the provisions of the Bulgarian legislation in force will apply.
IX. PERSONAL DATA
These General Terms and Conditions have been adopted by decision of the General Meeting of the Partners of Best Cars Ltd. dated April 14, 2019.