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CONTRACT FOR RENTING OF A CAR
The parties agreed on the following:
I. GENERAL PROVISIONS
1. The Lessor gives to the Lessee for temporary use his own automobile, hereinafter referred to as the "automobile", described in detail on page one of the present contract against remuneration, indicated in section three of the contract.
2. The Lessee declares that he will use the automobile only as per its purpose.
3. The Lessee has to have regular and valid documents - passport, ID card, driving licence and control stub.
4. Only the inscribed in the present contract persons (THE LESSEE AND THE ADDITIONAL DRIVER) can drive the rented car.
5. The minimum period for hiring the car is 24 (twenty four) hours.
6. Upon signing of the contract, inspection is conducting, hand-over/takeover certificate is signed and eventual remarks are noted. Upon return of the car, inspection is conducted again and upon ascertaining of damages and lacks through the Lessee's fault they are paid by him at market prices.
7. The rental price includes the run without limitation of the covered distance, the maintenance of the car, the insurance "Motor Vehicle Liability Insurance", the insurance "Full Autokasko" and the paid road fee (Vignette).
II. HAND-OVER/TAKE-OVER OF THE AUTOMOBILE
8. The car is handed over to the Lessee in good working order with equipment, mentioned in the hand-over/take-over certificate, which is an integral part of the contract. The lessee is obliged upon the taking-over of the car to check its condition and immediately to notify the Lessor about his eventual objections.
9. The Lessee undertakes to return the automobile along with all given to him documents on the spot where it is indicated in the contract, within the stipulated period and in the condition in which it was handed to him, as the provisions under which the return is performed are mentioned in the handover/take-over/ certificate.
10. The automobile is handed over washed and cleaned. If the Lessee returns the car dirty and not cleaned, he undertakes to pay the Lessor the expenses for its cleaning.
11. If the Lessee refuses to sign hand-over/take-over certificate upon the return of the car, the same is signed unilaterally by the Lessor and by a witness, certifying the refusal as the findings in the certificate bind also the party that had refused to sign it and can be used as an evidence at the court.
12. In case of damage of the hired car, due to a factory defect and/or natural wearing out of a certain piece, the Lessor is obliged to replace the damaged car with another of the same type, if the Lessee wishes so, within a period of two working days. In these cases, the Lessor is obliged to extend the period of the contract at least with as much time as it was lost as from the moment of the damage up to the moment of the replacement of the car.
13. The Lessee, upon the receipt of the car, undertakes to pay the Lessor deposit in amount indicated in the tariff at the signing of this contract. The paid deposit serves as a guarantee for the conscientious fulfillment of the obligations of the Lessee under the contract as well as for indemnity of the Lessor for damages of the hired car, occurred during the contract duration. Upon return of the car by the Lessee, provided there are no damages of the
the rented car and the Lessee had fulfilled all his obligations under the contract, then the deposit is refunded to the Lessee in its full amount.
14. In case the Lessee did not fulfill any of his obligations under the contract, the Lessor has the right to keep the whole deposit or such part of it which will compensate him for the sustained injuries with respect to the car as a result of its operation, eventually for missing parts, pieces and/or fuel, or for the expenses, necessary for recovering the condition in which the car had been handed over upon the conclusion of the contract. The retention of the deposit by the Lessor in the aforementioned cases does not revoke the property responsibility of the Lessee for damages, sustained by the Lessor in amount, exceeding the value of the car.
15. In case the deposit is blocked by a credit card and conditions for its full or partial retention by the Lessor are on hand, then the Lessee gives his irrevocable and unconditional consent for its use (receipt) on behalf of the Lessor.
III. PRICES AND MODE OF PAYMENT
16. The full rental price of the car and the deposit are paid upon the receipt of the car and the signing of the hand-over/take-over certificate.
17. The rental price does not include the fuel. Upon return of the car with short petrol tank, the missing fuel is paid by the Lessee.
18. The rental price does not include fines and/or all kinds of sanctions, which are imposed by the control bodies to the driver for violation on his behalf of the Law on the road traffic or other normative regulations of the Republic of Bulgaria.
IV. DEFAULTS
20. Upon delay for return of the hired car under the stipulated in the contract deadlines, the Lessee owes the following penalties:
20.1. Upon delay of 4 (four) hours the Lessee owes a default amounting to 'A (one half) of the daily rental price.
20.2. Upon delay of 4 up to 8 (eight) hours the Lessee owes a default amounting to 1 (one) daily-rental fee.
20.3.Upon delay of 8(eight) up to 24 (twenty four) hours the Lessee owes a default amounting to 2 (two) daily-rental fees.
20.4. For every following day of delay the Lessee owes a default amounting to 2(two) daily-rental fees.
V. RIGHTS, OBLIGATIONS AND RESPONSIBILITIES OF THE LESSEE
21. The Lessee assumes full material responsibility and undertakes irrespective of his guilt to pay the Lessor upon the return of the car, except for the default also the full indemnity regarding the cost of the car, necessary for its recovery in the initial state, including the expenses for return, repairs, missed opportunities from rent for the time necessary for recovery, in the cases of:
21.1. Damages, losses or thefts of the car or parts of it and its equipment described in the hand-over/take-over certificate, as well as upon fire or breaking of window-glass and lack of Statement of findings for Road Traffic Accident from the Police/Control of Automobile Traffic.
21.2. Damages, losses or thefts of the car or parts of it and its equipment described in the hand-over/take-over certificate, as well as upon fire or breaking of window-glass and presence of Statement of findings for Road Traffic Accident from the Police/Control of Automobile Traffic in which the fault is ascertained to be of the Lessee.
21.3. Damages, losses or thefts of the car or parts of it and its equipment described in the hand-over/take-over certificate, as well as upon fire or breaking of a window-glass which are deliberately caused by the Lessee.
21.4. Damages and losses occurred as a result of driving of the car under the influence of alcohol or other sedatives.
21.5. Damages and losses occurred as a result of giving the car to a third person who is not authorized in the contract to drive it or who does not possess valid diving licence for the rented car.
21.6. Damages of the tyres, inner tubes, chassis or the running gear of the car, which are not caused by fire or road-transport accident, certified via Statement from the Police/Control of Automobile transport.
21.7. Non-return on behalf of the Lessee (together or separately) of: certificate of registration, starter key and the remote control for the car, the policy for "Motor Vehicle Liability Insurance" upon theft of the car by a third person.
21.8. Damages occurred upon: use of the car for hauling of another motor vehicle or trailers as well as upon participation in car racing, trainings or testing; upon transportation of voluminous bulky or other loads.
21.9. Loss, destruction or theft of certificate of registration, starter key, remote control, sign for technical check-up or the registration numbers, in which cases the Lessee pays the expenses for their recovery doublefold.
22. The Lessee undertakes:
22.1. To pay the rental price of the deposit in the mode and within the deadlines stipulated above.
22.2. To use the automobile as per its purpose and to manage it with the care of a good owner.
22.3. Not to allow the hired car to leave the limits of the Republic of Bulgaria
22.4. Not to leave the key and the certificate of registration in the car.
22.5. To return the automobile after the termination of the contract in the same condition in which it was handed over by taking in consideration its usual wearing out.
22.6. Upon occurrence of accident, damage or failure to undertake all necessary measures for the saving of the rented motor vehicle and for limitation of the occurred damages.
22.7. In case of road-transport accident, theft, prejudice, accident or whatever incident connected with the rented car-to comply with the requirements of the Law on road traffic and the Rules for its application, regarding statements and other documents issued by the Police/ Control of Automobile Transport.
22.8. Upon occurrence of damage/accident, the Lessee is obliged immediately to notify the Lessor about this, by indicating also all facts, circumstances and data (names of witnesses, etc) in connection with it, as well as to render full assistance to the Police/Control of Automobile Transport for the issue of Statement for Road-transport accident as he is obliged to hand it over to the Lessor. To render full assistance to the Lessor and to the insurance company for elucidation of the incident and the caused damages.
23. The lessee does not have the right:
23.1 To re-rent the car and to re- concede it to third persons.
23.2 To use the automobile for hauling of another motor vehicle or trailers as well as to participate in racings, trainings or testing, to transport voluminous bulky and other loads.
23.3 To drive the car while under the influence of alcohol or after the use of drugs or other sedatives.
23.4 To use the automobile outside the borders of the Republic of Bulgaria.
23.5 To sell or put in pawn the rented car, equipment, tools and the accessories to it.
24. The non-fulfillment of the obligation on behalf of the Lessee for more than 24(twenty four) hours, as from the hour for return indicated in the contract, shall be considered as appropriation, and the Lessor notifies the competent bodies by reserving all his rights under this contract.
25. The Lessee declares that he is aware of the following circumstances: the rented car is not his property; through the present contract, the car is given to him to be kept, safe-guarded and driven; The Lessee does not have the right to treat the rented car as his own and if he does this - he is accountable under art. 206 from the Penal Code for appropriation.
26. If the Lessee wishes to extend the deadline of the contract he has to inform the Lessor on this not later than 48 (forty eight) hours prior to the expiration of the contract and to conclude a new written contract.
27. The Lessee can request extension of the period of the contract prior to the expiration of its deadline, including on the phone. In case of agreement on behalf of the Lessor, the contract is deemed as extended by 24 (twenty four) hours. The so extended contract cannot be extended again.
28. The Lessor reserves his right to return his possession over the automobile without forewarning, at any time and at the expense of the Lessee if the automobile is used by him in violation of the present contract.
VI. FINAL PROVISIONS
29. All alterations and complements to the contract as well as all documents in connection with its fulfillment are valid if they are drawn up in written form and signed by authorized representatives of the parties. 30. For the unsettled in this contract matters the regulations of the active legislation of the Republic of Bulgaria are applied.
The present contract was drawn up and signed in two identical copies -one for each of the parties as the Hand-over/Take-over Certificate is an integral part of it. |
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