GENERAL CONTRACTUAL CONDITIONS FOR VEHICLE RENTAL

1. GENERAL CLAUSES. DEFINITIONS:

1.1. These clauses regulate the legal relations that are established between Tiriac Auto Rent and its Clients regarding the rental of a driverless vehicle (rent-a-car system), as well as the payment of this service. 

1.2. By signing these Contractual Conditions, the Client declares that he has read, understood and fully agrees with their provisions and will comply with them exactly in his relations with Tiriac Auto Rent.

1.3. Definitions:

1.3.1. Client – means the driver/ payer/ user whose identification data are mentioned in the Rental Form.

1.3.2. The Lease Agreement/ Contract - refers to the Lease Form, the General Contractual Conditions for the rental of vehicles of Tiriac Auto Rent, the Delivery-Receipt Protocol of the Vehicle and all Annexes to the Agreement.

1.3.3. The Vehicle – refers to the vehicle subject to the Lease Agreement, with the identification data provided in the Lease Form, as well as all its accessories.

1.3.4. Rent – includes the basic rate as indicated in art. 4.1., as well as any additional costs according to the Client's options, as provided in the Rental Form.

1.3.5. Guarantee – represents the amount to be paid by the Client or authorized on the Client's credit/ debit card and which can be retained by Țiriac Auto Rent under the conditions provided in these Contractual Conditions.

2. CONDITIONS FOR RENTING THE VEHICLE. DOCUMENTS REQUIRED WHEN TAKING OVER THE VEHICLE:

2.1. In order to rent a motor vehicle, the Client must submit the following documents and meet the following conditions:

2.1.1. In the case of natural persons:

a) to be at least 21 years old on the date of signing the Agreement for vehicles in the Economy and Compact category and 23 years old on the date of signing the Agreement for vehicles in the Full-Size, Premium and VAN category;

b) to hold a driving license valid for the category of the Vehicle covered by the Agreement, respectively at least 1 year for vehicles in the Economy and Compact category and at least 3 years for vehicles in the Full-Size, Premium and VAN category;

c) in the case of a driving license issued by a national authority outside the European Union, it is necessary to present a valid international driving license together with the driving license issued by the national authorities;

e) Valid ID: passport, ID card, residence permit.

f) Credit card: Visa, Mastercard are accepted.

The identity document and the driving license must be presented in original when the Vehicle is handed over.

2.1.2. In the case of legal persons:

a) proof of incorporation under the law of the country in which you have your registered office. Proof shall be furnished by the production of a photocopy of the registration certificate, the certificate of good standing or any other document issued by the national authorities attesting to the valid registration. If the documents are issued by an authority other than the Romanian ones, they will be accompanied by a translation made by an authorized translator;

b) power of attorney signed by the administrator of the legal entity for the person who will drive the Vehicle, including the additional driver;

c) the processor must meet all the requirements set out in art. 2.1.1.

2.2. If on the date of delivery of the Vehicle, Tiriac Auto Rent finds that the information and documents submitted by the Client do not correspond to those presented and/ or the conditions set out in art. 2.1.1. and 2.1.2 are not met, the Agreement shall be terminated by operation of law, without any prior notice and without fulfilling any formalities. In this case, Țiriac Auto Rent has the right to retain the Guarantee established by the Client, as damages.

2.3. If an additional driver is to be included, he/she must meet all the conditions set out in art. 2.1.1. If the Vehicle was driven by a person other than the Client or the additional driver, the liability for the damages caused by a road event rests with the Client, in solidarity with the person involved in the event, Tiriac Auto Rent having the possibility of tracking any of them, for the full recovery of the damages.

2.4. Țiriac Auto Rent reserves the right to refuse the conclusion of a Lease Agreement, without being obliged to present a reason.

3. OBJECT OF THE AGREEMENT. DURATION. EXTENSION:

3.1. The object of the Lease Agreement is the transmission by Tiriac Auto Rent, in favor of the Client, of the right of temporary use over the Driverless Vehicle, on the territory of Romania.

3.2. The transfer of the use of the Vehicle takes place under the conditions in which the Client pays the Rent and the amount representing the Guarantee, in accordance with art. 5. The Guarantee will be returned to the Client under the conditions set out in the Agreement. For the avoidance of any doubt, in case of non-payment by the Client of the amount related to the lease and the amount related to the Guarantee, the Agreement shall be deemed terminated by operation of law, without any prior formalities being required.

3.3. The duration of the rental is the one mentioned in the Rental Form. The minimum rental length is one day. It is accepted, at no additional cost, a delay of 60 minutes from the indicated delivery/ return time.

If the Client delays the delivery of the Vehicle for more than 60 minutes, Tiriac Auto Rent shall have the right to withhold/request the payment, as a penalty, of the value of one rental day, until the actual return of the Vehicle.

3.4. The request to extend the rental term, beyond the return term, can be made: by email at  inchiriere@tiriacautorent.ro or by SMS at phone no. 0743.332.453. The Client will use only the email address or phone number indicated in the Rental Form. The extension of the lease term will be confirmed by Tiriac Auto Rent by e-mail or SMS. The extension of the lease term is made in one of the following ways:

a) signing of an addendum by the Client;

b) is deemed to be achieved by the request sent by the Client by e-mail subject to confirmation by Tiriac Auto Rent, with no other formality;

c) in the case of the request for extension sent by the Client by SMS, the extension is considered to be made by completing the addendum by the representative of Tiriac Auto Rent, to which will be attached the proof of the SMS sent by the Client, confirmed by Tiriac Auto Rent, with no other formality.

In case of extension, the Client has the obligation to pay the value of the rental cost and the additional costs related to the extension period within maximum 24 hours from the date on which the extension occurred.

3.5. In the event of an unannounced delay in returning the Vehicle more than 60 minutes after the set time (when the delay is not announced by phone), Tiriac Auto Rent reserves the right to immediately notify the Police for the theft of the Vehicle.

3.6. The Client is strictly forbidden to sell, assign, sublease, warrant, pawn or to alienate the Vehicle in any other way.

3.7. If the Client returns the Vehicle before the date mentioned in the Agreement, the rent and additional costs for the period in which the Vehicle was not used, will not be returned to the Client.

4. RENTAL COST. ADDITIONAL COSTS:

4.1. The cost of renting the Vehicle is composed of:

a) the basic rate for each rental day, according to the rates in force on the date of booking;

b) additional costs according to the Client's options, in force on the date of conclusion of the Agreement.

The basic rate includes the following:

a) insurance of civil liability towards third Parties (R.C.A. policy);

c) vignette valid on the territory of Romania;

d) roadside assistance for the Vehicle, according to art. 12.3;

e) technical revision;

f) periodic technical inspection;

g) tire exchange according to the season.

4.2. The basic rate does not include: fuel, special bridge taxes, highway, road taxes, parking/stationing fees, fines received until the actual return of the Vehicle for violation of road traffic rules and any normative acts in force in connection with the use of the Vehicle, any other amounts payable established by the local authorities in connection with the use, parking or stationing of the Vehicle. If Țiriac Auto Rent pays these costs on behalf of the Client, Țiriac Auto Rent has the right, at its sole discretion, to withhold them from the Guarantee established by the Client, including by debiting the card or will be paid by the Client within 3 days of receipt of the invoice issued by Tiriac Auto Rent.

4.3. The basic rate is calculated for 24-hour intervals starting with the delivery time provided in the Rental Form and ending at the time of return of the Vehicle provided in the Form.

4.4. The number of kilometers included in the base price is specified in the Rental Form. The verification of the number of kilometers traveled by the Client is established by checking the vehicle's on-board electronic systems. If a fraudulent action on any electronic systems is found, Tiriac Auto Rent has the right to retain the Guarantee in full and, in addition, to request the payment of any other damages that fully cover the damage incurred by Tiriac Auto Rent.

4.5. Additional costs are borne by the Client and may include:

a) for deliveries/collections from the airport, an additional fee of 25 Euro (VAT included) per rental (unless otherwise stipulated in the Rental Form), a fee that is subject to partial or total withholding of the Guarantee or debit on the card;

b) in case of loss or damage to the Vehicle's documents or keys, Tiriac Auto Rent will charge the Client a fee of 500 Euros (including VAT), a fee on which the Client agrees to be the subject of partial or total withholding of the Guarantee or debit on the card;

c) if the Vehicle is returned without being cleaned or shows traces of dirt inside, an additional fee of 30 Euros (VAT included) - for external cleaning, respectively 150 Euros (VAT included) - for interior cleaning, the fee on which the Client agrees to be the subject of partial or total retention of the Guarantee or debit card;

d) in case of loss or damage of tickets or access tokens in the parking lot for the airport, a fee of 150 Euros ( VAT included) will be applied, the fee on which the Client agrees to be the subject of partial or total withholding of the Guarantee or debit on the card;

e) for the delivery/collection of the Vehicle outside Bucharest and Ilfov an additional fee shall be applied. Additional fees will be set out in the Rental Form;

f) services outside working hours on working days or services on public holidays established according to the legislation of Romania will be charged with 25 Euros (VAT included)/ transaction, the fee on which the Client agrees to be the subject of partial/ full retention of the Guarantee or debit on the card. Are considered working hours, working days established according to the Romanian legislation, between 9.00 AM- 5.30 PM;

g) any other additional costs provided in the Rental Form.

4.6. The Client owes the rental cost and the additional costs stipulated in the Rental Form even if he does not use the rented Vehicle.

4.7. In case of extension of the rental term, Tiriac Auto Rent will charge the rental cost and additional costs according to the rates related to a new rental.

5. GUARANTEE:

5.1. The Guarantee related to the rental of the Vehicle shall be paid/pre-authorized on the card at the latest when taking over the Vehicle. The amount of the Guarantee is indicated in the Rental Form. In order to pre-authorize the card, the Client has the obligation to allow Tiriac Auto Rent to mention the card data (number, expiry date, etc.). If it does not allow this, the Guarantee is constituted by its payment by the Client.

5.2. The Client understands and agrees that Tiriac Auto Rent retains part or all of the Guarantee constituted in any situation where the return of the Vehicle shows the need to pay additional amounts than those initially paid, as well as in any of the cases provided in these General Conditions.

The Guarantee will be partially withheld: (a) if the Vehicle is returned without the completed fuel, at a rate of 4 Euros +VAT/liter missing; (b) in any other situations provided for in this Agreement.

The Guarantee will be withheld in full for: (a) any damage to the Vehicle or any elements/ components thereof; (b) the loss/damage of the documents, of the vehicle key; (c) the supply of fuel other than that mentioned in the registration card; (d) the damage to the passenger compartment; (e) the failure to fulfill the legal formalities in case of involvement in a road accident (amiable settlement, initiation of the case file with the police and/or insurance claim file with the insurer); (f) in case of theft or abuse of confidence; (g)in any other situations provided in this Agreement. If the Guarantee does not fully cover all the damages incurred, Tiriac Auto Rent reserves the right to claim any damages incurred until the full coverage of the damage.   

5.3. The partial or full refund of the Guarantee will be made based on a written request sent to Tiriac Auto Rent within 30 days from the date of the return of the Vehicle, recorded in the Return Report. The refund will be made to the Client's account indicated by him in a request sent from the e-mail indicated in the Rental Form.

6. PAYMENT METHODS

6.1. The payment of the basic rate, additional costs and the Guarantee shall be made in one of the following ways:

a) by bank transfer;

b) by credit card. Only the following bank cards are accepted for payment: Visa, Mastercard. By signing the Agreement, the Client expressly authorizes Tiriac Auto Rent in order to debit the card.

6.2. The payment of the basic rate, additional costs and the Guarantee shall be made no later than the date of delivery to the Client of the Vehicle, unless otherwise agreed by the Parties by an addendum. Failure to comply with the payment term by the Client leads to the termination of the Agreement without any prior formality. 

6.3. If the basic rate, additional costs or the amount of the Guarantee are provided in Euro, the invoice will be issued at the NBR exchange rate + 2%, valid on the day of issue.

6.4. If, as a result of the use of the Vehicle, additional costs, fees, charges or damages are registered, the Client has the obligation to pay the total financial liabilities remaining to be paid according to the Agreement, at the time of delivery of the Vehicle, the provisions of art. 5.2. remaining applicable.

6.5. In case of late payment beyond the deadlines established in the Agreement, Țiriac Auto Rent has the right to charge late payment penalties in the amount of 0.5% for each day of delay, until the full payment of the outstanding debt, the total of penalties may exceed the debt in relation to which they were calculated.

6.6. The amounts due by the Client under this Agreement shall be paid and deemed paid in the following order of preference: i) delay penalties; ii) principal debit value and iii) any other amounts due under the Agreement.

7. LIABILITIES OF THE PARTIES:

7.1. Liabilities of Tiriac Auto Rent:

a) to hand over the Vehicle to the Client, under the agreed conditions;

b) to ensure the peaceful and useful usage of the Vehicle throughout the rental period, provided that the Client complies with all the contractual clauses. Tiriac Auto Rent is exonerated from the Guarantee for any defects/ deficiencies other than those recorded in the delivery-receipt report;

c) in case of accident/ downtime for any reason of the Vehicle, regardless of which Party is at fault, Tiriac Auto Rent is not obliged to replace the Vehicle nor to return the rent related to the period of non-use;

d) to comply, execute and fulfill any of the liabilities provided under these Conditions;

e) Tiriac Auto Rent reserves the right to install GPS monitoring systems in the Vehicle, as well as the right to stop the operation of the Vehicle by remote control, if the Client does not perform exactly and on time any of the liabilities assumed by this Agreement.

7.2. Liabilities of the Client:

a) not to transmit in any way, in whole or in part, for consideration or free of charge, the use on the rented Vehicle to another person. Driving the Vehicle is allowed only to the persons mentioned in the Rental Form;

b) to pay the Rent and the Guarantee to Tiriac Auto Rent, under the conditions provided in the Agreement ;

c) to operate and ensure the safety of the Vehicle entrusted with the prudence and diligence of a good owner, in accordance with the destination of the Vehicle established by the manufacturer and only under the conditions provided in its technical documentation, in compliance with the user manual, avoiding its destruction, degradation or damaging. It is strictly forbidden to move the Vehicle on forest roads, on mountain expeditions or on unpaved or unmarked roads;

d) to bear all the expenses necessary for the use of the Vehicle and any damages incurred in connection therewith, as mentioned in the Agreement.

e) to have a civilized conduct during the driving of the entrusted Vehicle, to strictly comply with the road legislation in force, such as, but not limited to:

• Not to engage in verbal disputes with road users;
• Not to drive in a sporty and/ or aggressive way, above the legal speed limit;
• Not to have inappropriate attitudes towards police bodies, other road users, pedestrians;
• Not to drive under the influence of alcohol, drugs, narcotics, barbiturates or any other substance that affects his/her concentration or ability to react or drive;
• Not to use the vehicle for taxi driving, driving school, motor sports, racing/competition/testing, pulling/pushing/towing other vehicles/trailers/other objects, transporting dangerous substances, other tests or rent-a-car, transporting people or goods for the purpose of gaining income or any activity of a lucrative or illegal nature;
• Not to exceed the maximum usable load of the Vehicle;
• Not to leave the Vehicle with the keys in contact, with the doors/windows/trunk open and not to leave the original documents inside it.

f) in case of accident, destruction or theft, to notify within maximum 12 hours Tiriac Auto Rent and to carry out all legal actions (amiable settlement, report of the accident, etc.). It will also take all necessary steps to open the claim file with the insurer; 

g) to keep the Vehicle in perfect working order and to maintain the state of external and internal cleanliness.

h) in case of exceeding any deadlines set forth in this Agreement, the Client is rightfully in default;

i) any technical or aesthetic interventions on the Vehicle will be made only in the service units indicated by Tiriac Auto Rent. In urgent and exceptional cases, Tiriac Auto Rent will be able to allow interventions on the Vehicle to be performed in a service unit authorized by R.A.R.;

j) not to transport animals/birds by Vehicle, unless special animal transport boxes are used;

k) not to smoke and not to allow smoking inside the Vehicle;

l) to comply, execute and fulfill any of the liabilities provided in these Conditions.

8. DELIVERY AND RETURNING OF THE VEHICLE:

8.1. The delivery of the Vehicle to the Client shall be made at the term and in the place mentioned in the Lease Form, subject to the full payment of the Rent and Guarantee. Any additional costs in connection with the delivery of the Vehicle are determined according to the price list or the Rental Form.

8.2. The delivery of the Vehicle to the Client will be recorded in a Minutes that is an integral part of the Agreement. The Client shall ensure the inspection of the Vehicle at the time of taking over, having the obligation to record in the Report any deficiencies found and any objections regarding its condition. The Client will not be able to raise objections to the condition of the Vehicle after its takeover, if they have not been mentioned in the Handover Protocol.

8.3. Tiriac Auto Rent shall hand over to the Client the Vehicle, clean and full of fuel (unless otherwise provided in the Minutes), by handing over a key and together with the following documents:

a) registration certificate with the annex regarding the periodical technical inspection;

c)  1 set of keys for the use of the motor vehicle;

d)     the RCA policy;

The Client has the obligation to keep all the aforementioned documents on him/her at all times, having the obligation to present them to the competent control bodies.

8.4. The Client has the obligation to return the Vehicle at the date, time and location mentioned in the Rental Form, clean, refueled (unless otherwise handed over) and with the documents mentioned in art. 8.3. The return shall be recorded in the return report.

8.5. If, at the time of returning the Vehicle, the Client is not present or, although present, has objections to the mentions made by the representative of Tiriac Auto Rent in the return report regarding the condition of the Vehicle, damages, number of kilometers, fuel quantity, the findings of the representative of Tiriac Auto Rent will take precedence over those of the Client.

8.6. In case of a delay of more than 60 minutes compared to the specified return time, if the Client does not communicate this delay by phone or e-mail, Tiriac Auto Rent reserves the right to immediately notify the Police about the theft of the Vehicle. Also, in this situation, Tiriac Auto Rent can use all legal means to recover the Vehicle, and the expenses generated by this recovery will be borne by the Client. In this situation, the Client undertakes not to oppose in any way the right of repossession exercised by Tiriac Auto Rent and not to refuse the return of the Vehicle, any opposition being qualified as a crime of abuse of trust, Tiriac Auto Rent having the right to request the payment as damages of an amount of 500 Euros/day until the returning of the Vehicle. 

9. INSURANCE. PROCEDURE IN CASE OF DAMAGE. RESPONSIBILITIES:

9.1. The Vehicle benefits from mandatory civil liability insurance (R.C.A. policy), included in the rental cost, within the limits of compensation established by the Romanian legislation. If the value of the accident damages exceeds the limit established by law, the Client is directly responsible for the difference between the total value of the damages caused and the maximum limit accepted by law, agreeing with the full coverage of the value.

9.2. The insurances cover all damages from road events, which are caused by another road user, provided that all legal formalities are drawn up, according to art. 9.6.

9.3. The insurances do not cover, all these amounts will be borne by the Client:

a) damages caused by piloting errors, scratches, broken or lost wheel covers, flat tire, windscreens, tire damage, etc., unless otherwise provided in the Rental Form;

b) damages to the engine or its subassemblies, to the steering system or to the braking system, which are caused by fault of the Client, as a result of improper operation, certified by authorized service workshops;

c) accidents caused by the Client, as a result of the consumption of alcohol, drugs or any other prohibited substances. In these cases, the Client shall bear the legal consequences imposed in such situations and all repair costs, including parking days;

d) theft of the Vehicle left unlocked and unattended. In case of theft, the Client must present to Tiriac Auto Rent the contact key (actual key and remote control + registration certificate) that was handed to him/her on departure;

e) theft from the Vehicle of any personal objects, regardless of value;

f) during the term of the Agreement, the Client is liable for all damages caused to third Parties, if they have additional claims or if the value of the damages exceeds the value of the insured amount. 

In all these cases, Tiriac Auto Rent is entitled to retain in full the Guarantee established by the Client.

9.4. The insurance does not absolve the Client from full payment responsibility for the damages caused to the Vehicle in the following cases: 

a) Accident/any damage to the Vehicle was caused by the Client or the additional driver;

b) Vehicle driven in violation of the legislation in force and any other traffic rules;

c) Vehicle used for the transport of persons or goods for the purpose of obtaining income;

d) Vehicle used for pushing or towing other vehicles, trailers or objects;

e) The Client or additional driver driving the Vehicle while under the influence of alcohol, drugs, narcotics or other substances that endanger the psychic and physical abilities to react;

f) Vehicle driven in contests, races or car tests;

g) Vehicle driven outside public roads;

h) Vehicle used by an unauthorized person (any other person not mentioned in the Agreement);

i) The Client not keeping the Vehicle locked for the duration of not using it, and not preserving the Vehicle's documents, which have gone missing;

j) Vehicle damaged intentionally or by negligence;

k) Lack of the amiable settlement form, statements or minutes of the Police when handing over the Vehicle or failure to fulfill the formalities to the insurer, in compliance with the legislation in force (e.g. deadlines for initiation of the case file);

l) If the Client or the additional driver has been detained/suspended the driving license for the duration of the Agreement.

m) Damage caused to tires or rims (if they did not result from a fire or accident), unless otherwise provided in the Rental Form;

n) Damage caused to subassemblies or components of the Vehicle by non-compliance with the rules on loading and anchoring during transport, damage caused to both the exterior and interior of the Vehicle by the action of corrosive or flammable substances;

o) Inadequate fuel supply;

p) In case of non-attendance at one of the service units indicated by Tiriac Auto Rent in order to carry out the overhaul, the maintenance of the Vehicle.

In all these cases, Tiriac Auto Rent is entitled to retain in full the Guarantee established by the Client.

In the cases specified above, the Client shall bear the legal consequences required in such situations and all repair costs, including parking days.

9.5. If the Client has provided to Tiriac Auto Rent false information regarding the identity or any identification data or the validity of his driving license, Tiriac Auto Rent declines any responsibility for the damages caused by the Client to third Parties. Under these conditions, the Client cannot benefit from insurance and will bear all legal consequences, including any damage to the Vehicle, costs related to the use of the Vehicle or other similar. Also, Țiriac Auto Rent is entitled to retain in full the Guarantee established by the Client.

9.6. In case of involvement in a road accident, destruction or theft is mandatory, in accordance with the legal provisions:

a) either to draw up the accident amiable settlement form and to send it to Tiriac Auto Rent. The amiable settlement of the accident is possible only in the following situations: (i) only material damage resulted from the accident; (ii) only two vehicles were involved in the accident; (iii) no material damage is caused to any person other than the two drivers of vehicles involved in the accident; (iv) there is the agreement of the two drivers expressed by signing the form;

b) either to declare the road incident to the police bodies that will ascertain the damage and will release: (i) the Police Report/Annex 2 with the signature of the police officer and the stamp of the police station, as well as the specification that the driver was/was not under the influence of alcohol; (ii) the repair authorization with the signature of the police officer and the stamp of the police station. The declaration to the Police is mandatory in the following cases: if the event resulted in death or injury to the physical integrity or health of a person; if the responsible Party is not identified or in case of vandalism (e.g. damage in the parking lot in your absence); if an amiable settlement form has not been drawn up.

In addition to the liabilities indicated above, the Client shall notify Tiriac Auto Rent within maximum 12 hours from the occurrence of the event, and Tiriac Auto Rent has the right to withhold the Guarantee as damages.

9.7. In addition, if the Client does not carry out all the steps indicated in art. 9.6. and/ or does not present any of the documents necessary for the opening of the damage file or makes statements that do not correspond to the truth regarding the way of producing the road incident or in other situations indicated in the Agreement, the Client will bear the equivalent value of all the repairs of the Vehicle or other damages incurred by Tiriac Auto Rent.

9.8. In the event that as a result of damage to the Vehicle it is declared total damage or in the event that the Vehicle has been stolen and the insurer does not fully compensate Tiriac Auto Rent, the Client shall indemnify Tiriac Auto Rent for all damages incurred by it.

9.9. If animals/birds have been transported by the Vehicle without using special boxes for their transport or if the obligation not to smoke inside the Vehicle has not been complied with, the Client has the obligation to pay to Tiriac Auto Rent the equivalent of the amount of 500 Euros plus VAT. The amount may be withheld, in whole or in part, from the Collateral.

9.10. In case of fueling the Vehicle with a fuel other than that indicated in the registration certificate, the Client shall pay the repair cost, according to the service estimate, and Tiriac Auto Rent shall retain as damages the full amount of the established Guarantee.

9.11. In case of abandonment of the Vehicle, without fulfilling the return formalities, including in case of refusal to sign the documents in case of return, Tiriac Auto Rent will charge the Rent in accordance with the provisions of the Agreement, until the completion of the return formalities, which will be performed in this case by Tiriac Auto Rent representatives. In case of aesthetic, mechanical or electrical damages to the Vehicle, the Client shall be immediately informed by Tiriac Auto Rent about their nature and shall send the repair estimate as soon as possible. In case of abandonment of the Vehicle or in case of finding damages to the Vehicle by the representatives of Tiriac Auto Rent on the occasion of completing the return formalities, the Client will lose the full amount of the established Guarantee and any damages not covered by the Guarantee will be paid by the Client.

9.12. If the Vehicle is returned by the Client dirty, and after grooming Tiriac Auto Rent finds the existence of damages to the Vehicle, it will retain the Guarantee in full and, in addition, the Client will pay the value of the repairs.

9.13. Tiriac Auto Rent is not liable:

a) for losses incurred by the Client in case of failure or damage to the Vehicle;

b) for damages caused by the Vehicle in traffic;

c) for any objects forgotten by the Client in the Vehicle and unidentified during the rental period or upon its return.

10. TRAVELLING OUTSIDE ROMANIA:

10.1. In order to use the Vehicle outside Romania, the Client will address directly to Tiriac Auto Rent with details of the country of destination, duration of travel, countries of transit and purpose of travel. If Tiriac Auto Rent agrees with the conclusion of the Lease Agreement, the Client has the obligation to pay additional costs, as indicated by Tiriac Auto Rent.

10.2. If the Client leaves the territory of Romania without the approval of Tiriac Auto Rent, this action shall be considered a breach of contractual liabilities, the Client being fully liable for any act or omission determined by its deed, including but not limited to damages caused by accident, theft, repatriation costs of the Vehicle.

11. MALFUNCTIONS AND ASSISTANCE. VEHICLE REPLACEMENT:

11.1. If during the rental period, the Vehicle stops working, without any fault of the Client, Țiriac Auto Rent will be able to provide, within the limit of availability, a replacement vehicle. Țiriac Auto Rent is exonerated from any liability towards the Client and shall not be held liable towards the Client for damages of any nature in the event that it is unable to provide the Client with a replacement vehicle.

11.2. Tiriac Auto Rent provides roadside assistance exclusively on the territory of Romania, provided that the Client complies with the provisions of art. 7.2. Roadside assistance involves lifting the Vehicle on the platform from the place of immobilization and transporting the Client, passengers and their luggage to a place of accommodation within 50 km.

11.3.  If the Client hides the occurrence of an accident and repairs the Vehicle without the consent of Tiriac Auto Rent, the latter will retain the Guarantee and will invoice the Client, as damages, the value of the repairs according to a repair estimate issued by a service unit chosen by Tiriac Auto Rent.

12. TERMINATION OF THE AGREEMENT:

12.1. The Agreement is terminated in the following situations:

a) on the expiry date of the lease period;

b) before the deadline, by agreement of the Parties;

c) by unilateral termination by Tiriac Auto Rent in case of non-compliance by the Client with the provisions of the Lease Agreement, by sending a notification at least 24 hours before the date on which the Agreement is to be terminated;

d) by unilateral termination by Tiriac Auto Rent, provided that a prior written notice is sent 48 hours before the date on which the Agreement is to be terminated.

e) in case of death of the Client

12.2. In any of the cases of termination, the Client has the obligation to return the Vehicle in compliance with art. 8.4. in the return location mentioned in the Rental Form and to pay any other additional costs resulting from the use of the Vehicle, as well as any other costs necessary to bring the Vehicle to the technical and aesthetic condition existing at the date of delivery. The Client acknowledges that failure to return the Vehicle upon termination of the Agreement for any reason is punishable under the Romanian Criminal Code.

12.3. If the Client refuses to return the Vehicle willingly, Tiriac Auto Rent will resort to recovering the Vehicle by its own means. Any expenses related to this operation shall be borne by the Client.

13. NOTICES. LAW APPLICABLE TO THE AGREEMENT. LITIGATIONS:

13.1. Any notification, invoice or other notice that a Contracting Party owes or wishes to address to the other Party in accordance with the Agreement shall be deemed to be communicated if sent to the other Party at the address mentioned in the Agreement or at any other address brought to the attention of the other Party in writing, as follows: by handover; by letter or courier with acknowledgment of receipt; by e-mail; by SMS.

13.2. The Lease Agreement is governed by the Romanian law. Any dispute in connection with the conclusion, performance or termination of the Lease Agreement shall be settled by the competent court at the registered office of Tiriac Auto Rent.

14. FORCE MAJEURE. ACTS OF GOD:

14.1. Force majeure is any external, unpredictable, absolutely insurmountable and unavoidable event. The Party invoking force majeure has the obligation to notify the other Party in writing, within a maximum of five (5) days from the occurrence, and the proof of force majeure together with the warning on the effects and possible extent of force majeure will be communicated within a maximum of fifteen (15) days from the occurrence. The reference date is the date of the postage stamp. The proof will be certified by the Chamber of Commerce and Industry of Romania. The Party invoking force majeure has the obligation to notify the other Party of its termination within a maximum of fifteen (15) days.

14.2.  The Parties agree that the Client's liability cannot be removed for unforeseeable circumstances as defined by law.

15. PROCESSING OF PERSONAL DATA:

Tiriac Auto Rent ensures, under the conditions of the law, the confidentiality of the Client's personal data and the observance of his right to privacy. This obligation does not apply to information deliberately disclosed by the Customer to third parties.

Processing of personal data means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure to third parties by transmission, dissemination or otherwise, alignment or combination, blocking, erasure or destruction.

Personal data collected and recorded are used by Tiriac Auto Rent and its contractual partners in good faith, for the conclusion and performance of the Agreement as well as for legitimate purposes or to fulfil legal obligations in compliance with appropriate technical and organizational requirements to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access and against all other forms of unlawful processing.

The personal data processed, the purposes of the processing and your rights can be found in the Annex - Information on the processing of personal data of natural persons. The information can also be consulted on the Tiriac Auto website, data protection section https://www.tiriacautorent.ro/nota-de-informare-gdpr.

16. FINAL CLAUSES:

16.1. This Agreement is supplemented by the provisions of art. 1.777-1.823 of the Civil Code, insofar as they do not contradict these Conditions.

16.2. Any change in the Romanian legislation during the performance of this Agreement, likely to change the level and/or mode of application of the existing taxes (such as VAT, etc.) or by which new taxes come into force, taxes are applicable from the moment of entry into force and lead to the corresponding amendment of the Agreement.

16.3. The Client expressly assumes the risk of changing the circumstances compared to the date of conclusion of the Agreement.

17. ANNEXES

17.1. Annex 1 - Information on the processing of personal data for individuals and legal entities.

CLIENT

Name and surname: __________________

Date: ______________________________

Signature: _______________________