TANY 97 Ltd. (Hereinafter referred to as lessor), hereby leases a car to the undersigned Lessee, the car being the subject of this Agreement (including a replacement car) under the conditions described herein and specified on the face of the Agreement, which the Lessee fully understands and accepts.
1. DELIVERY AND RETURN
The Lessee accepts the car after examining it and making sure it satisfies them and that the car is in a good condition and is suitable for the purposes for which it is rented. The Lessee undertakes to return the Car together with all its documents and the accompanying equipment and accessories to the Lessor in the condition in which they have received it, on the date and place specified in this agreement. Otherwise, as well as upon expiry of this agreement, the Lessee shall undertake to pay the Lessor the agreed rental price plus the cost of any losses and damages. The Lessor shall provide to the Lessee a grace period of 60 minutes after the expiry of the 24 ours of the rental period. After this grace period, an extra day will be charged.
2. THEFT, DAMAGE, etc.
The Lessee shall undertake to compensate the Lessor in case of any theft (or partial theft), loss or damage caused to the vehicle or to a person (including the passengers in the car), as well as to pay all losses and damages incurred by the Lessor, as follows:
(b) The Lessee shall be responsible for the partial or total Car theft, unless the Lessor releases the Lessee from the responsibility of the total theft or loss of the Car. Such relief may happen in case the event that the lessee has taken all precautions to avoid the theft or loss of the Car and has used the Car in accordance with the terms of this agreement. The parties shall explicitly agree that the loss or theft of parts, accessories and/or equipment shall be at the expense of the Lessee;
(c) It is entirely accepted that: in the event of any damages caused to: 1. the Car transmission; 2 the tires and wheels of the Car; 3. Damages caused during loading, unloading or transportation of the Car by ships, trains or other transportation vehicles without the prior written consent of the Lessor. The above covers shall only apply to the drivers of the Car who are officially stated hereunder.
The Lessee shall undertake to pay the Lessor the amount listed below for the rental period, unless agreed to otherwise:
(а) Fixed daily rental price for the entire period of the agreement plus the price of the additional services; for Lessees under the age of 23 and with driver’s experience of less than three years, the daily rate shall be increased by 3 euro;
(b) A deposit according to the pricing list of the Lessor, which is guaranteed by a credit card (Visa or MasterCard). In cash, the Lessee shall pay the due deposit increased by 50%. A deposit increased by 50% shall also be paid by a Lessee who is under the age of 23 or has less than three years of experience as a driver.
Lessee shall pay Lessor upon the end of the rental period, the following amounts, unless otherwise agreed:
(а) The price per mileage of the Car for the rental period at a price per kilometer specified in the pricing list of the Lessor in cases that are agreed to in the process of renting the Car (for a rental period of up to 3 days and more than 1000 km run, in the event of any travel outside Bulgaria, etc.). The kilometers are calculated in accordance with the respective indicators on the dashboard of the Car at the beginning and at the end of the rental period;
(b) All charges for fueling the Car, in the event that the Car shall not be returned with the amount of fuel specified upon its rental. The Lessee shall agree and accept that at the end of the rental period, in case that they do not return the rented Car to the Lessor with the amount of fuel being the same as upon its receipt, they shall pay an additional “Fuel Charge Fee” listed in the pricing list under this agreement. The Lessee shall accept the costs for fuel at the beginning of the agreed period;
(c) In case of any road traffic accident due to the fault of the Lessee, the Lessee shall undertake to pay the Lessor the amount of 15 euro + 20% VAT to cover the administrative costs;
(d) Fees, taxes and other costs associated with the rental of the Car and due by the Lessor, including attorney fees and interests incurred for delay of collection of any outstanding payments related with this agreement or related with the recovering the possession of the Car by the Lessor.
(e) Fines, legal costs and other expenses sue to an unauthorized use of the Car. An administrative fee of 15euro + 20% VAT shall be charged for every parking ticket/traffic violation ticket. In such case, an additional driver specified on the face of this agreement shall be liable for any offense.
(f) Any amount for replacement or repair of tires, wheels or repairs of the transmission of the Car, as well as for repair of damages and compensations in case of total loss of the Car, unless the respective insurance is accepted in case of any damages and the respective conditions are met (Art. 2);
(g) Any additional fees for delivery or return of a Car, as well as a fee for returning to a place other than the one listed on the face of this agreement, without the prior written consent of the Lessor. The respective fees are listed in the official pricing list of the Lessor with which the Lessee is familiar.
(h) An additional “Airport Fee” in case that the Lessor shall rent the Car from the office of the Lessor at an airport. The Lessor shall agree and accept that: 1. The provided discounts are cancelled if the due amounts are not paid within the specified periods. 2. All costs are subject to a final inspection. A sole responsibility of the Lessor is to request reimbursement of fuel and / or final calculation of the amounts for fuel upon return of the Car, as this is done ONLY at this time. Reimbursement of amounts for fuel or other disputes on the topic of fuel will not be considered after returning of the Car of the Lessee.
Lessee or their driver must have a valid driving license and control card, an identity card /passport/ and a credit /debit/ card. Minimum age is 23 years and at least 3 years’ experience as a car driver. Drivers younger than 23 years shall pay a fee “Young Driver” in the amount of 3 euro per day and a deposit increased by 50%. The lessee shall undertake to take good care of the Car, to keep it in perfect condition, to ensure it is working properly, the levels of oil and water in the respective reservoirs, the condition of the tires, etc. with care and forethought. Any repair of the Car by the Lessee personally or by another person is prohibited, unless approved in advance by the Lessor. The car may not leave the territory of Bulgaria without the express consent of the Lessor attested by a power of attorney and fees and deposit paid in accordance with the tariff. The car cannot be transported by ship, train or other vehicle without the prior written consent of Lessor. The Car cannot be used:
(а) for the carriage of passengers or cargo for rent;
(b) for pulling or towing another vehicle, trailer or other object;
(c) to participate in rally racing;
(d) to be rented by the Lessee to third persons;
(e) for purposes in contradiction to the Bulgarian law or in violation with the rules of road traffic and/or other legal requirements;
(f) when the Lessee or the additional driver of the Car is under the influence of alcohol, narcotic substances, barbiturates or other substances influencing the concentration and response capability;
(g) in violation of customs, traffic or other regulations;
(h) by third persons other than the Lessee and the additional drivers for whom the Lessee has agreed to pay a daily fee for additional drivers in accordance with the official pricing list of the Lessor.
(i) for the transport of heavy loads, flammable materials, coloring or bad smelling goods, drugs, etc.
(j) for making illegal shipments of locals or foreigners, or to commit unlawful acts.
(k) when parking the Car, the keys and the registration certificate must be held by the Lessee. The windows must be closed, the doors must be locked and the alarm /GPS/, if any, must be activated;
5. EXTENSION OF THE RENTAL PERIOD
If the Lessee wishes to extend the rental period of the Car, they should inform the Lessor in writing at least twenty-four (24) hours prior to the rental period and receive the respective written consent /email/. If they fail to do this or if they fail to receive a written consent for the extension of the rental period, they are subject to civil and criminal penalties for illegal possession of the Car. In case of any extension of the rental period, the Lessee shall assume the liabilities described hereunder with respect to the Car or a replacement car.
The Lessee shall expressly agree that the Lessor shall not be liable for any losses or damages suffered by the Lessee or third persons during the rental period and my not raise any claims against the Lessor with respect to such. It is agreed that the Lessee shall have the full personal and unlimited material responsibility for any damages caused to the Lessor as well as to any third persons in relation with the rental relation or with the use of rented car, if this is a result of a violation of the conditions of the agreement.
In case of any road or other incident (fire, theft, etc.) the Lessee or the additional driver shall immediately do the following:
(a) To not admit any responsibility or guilt and to not agree with any claims of third persons in any way, directly or indirectly;
(b) To write down the names and addresses of any witnesses, as well as the name and address of the driver and data of the vehicle with which they have undergone a collision;
(c) To inform the police in order to investigate the responsibility of the third person and to provide care for the victims, as well as to require a protocol for the road traffic accident;
(d) To immediately contact the Lessor by telephone or other means of communication;
(e) To receive and complete a bilateral protocol for a road traffic accident with all the necessary information by third persons;
(f) To photograph the place of the accident and the vehicles involved in the accident, if possible. The Lessee must also complete and sign a road traffic accident / theft report within twenty-four (24) hours in the nearest branch of the Lessor and to send all necessary documents or information to the Lessor. In the event of a theft of loss of the Car, the Lessee must report the accident immediately in writing to the nearest police department. The Lessee shall be obliged to assist the Lessor and/or their insurer with respect to all claims and legal disputes under this item. In case the Lessee shall violate any of the previous provisions, they shall owe compensation for the damages incurred to the Car.
(a) The Lessor shall provide to the Lessee and any other additional driver a “Third Party Liability” coverage by the insurance company in the event of death, immaterial or material damages to any third persons, whether passengers or not, to the Car (the driver excluded) up to the minimum amount determined by the Bulgarian legislation, in case that they do not violate any of the terms of this agreement.
(b) The Lessee, the additional authorized drivers and all the other passengers in the Car shall have no insurance coverage for “Personal Accident Insurance”. The Lessor shall not be responsible for any such loss, damage, etc. during the rental or after the return of the Car by the Lessee.
9. PEROSNAL DATA
The Lessee shall agree that their personal data are stored in the computer system of the Lessor. The parties shall expressly agree that the Lessee shall be entitled to use that data when the Lessee upon renting the Car declares false information or violates the conditions of this agreement, and the Lessor shall be entitled to provide these data to the state authorities or other third parties, as well as in case that there is a suspicion of any criminal or other offence.
(a) The car shall always be property of TANY 97 Ltd. (the Lessor). This agreement shall only be a rental agreement. The Lessee shall not be a representative/employee/agent of the Lessor in any manner and in any case. The Lessee shall acknowledge that they shall acquire no rights other than those specified hereunder;
(b) During the rental, all additional drivers are jointly liable with the Lessee. Similarly, in case that this agreement is signed by a representative of the Lessee, they shall be jointly liable with the Lessee;
(c) This agreement shall replace any other prior written or oral agreement between the Lessor and the Lessee;
(d) The Lessor may not give up some of their rights arising under the law and this agreement.
(e) Any amendment of the terms and conditions hereof is not valid unless agreed to in writing;
(f) The Lessee shall agree to accept that all above conditions are valid both in the original agreement with the Lessor and in case of any extension of the rental time and/or the replacement of the car with another one;
(g) In case there is any difference between the copies and the original of this agreement, the original owned by the Lessor shall always prevail. The contracting parties shall recognize and accept that all conditions of this agreement are essential and fundamental for the purposes described herein.
This agreement shall be governed by the legislation of the home country of the Lessor and any arguments which may arise out of or in relation with it will be tried by the respective competent court in Sofia, Bulgaria.