Art 1. THE LESSEE should have regular personal documents- an Identification card and driving license and also he should not be deprived temporarily or permanently from right of driving. The LESSEE has no right to drive the vehicle after he has used alcohol, drugs and/or other intoxicating substances. In case THE LESSEE is under 21 years old, he owes to the LESSOR a charge for driving the vehicle regardless of its category according to Annex 1.
Art 2. Only the persons, pointed in the lease agreement (the LESSEE and the additional driver) have the right to drive the leased vehicle.
Art 3. The vehicle is to be given for usage to the LESSEE in a good technical condition and in a perfect order with the respective compulsory equipment and according to the legal requirements; washed and cleaned; with full fuel tank and it is returned from the LESSEE to the LESSOR in the same condition.
Art 4. The LESSOR is obliged not to interfere in the free usage of the vehicle on behalf of the LESSEE provided that the LESSEE exercises all his obligations under the lease agreement.
Art 5. Upon signing of the lease agreement it is to be made an inspection of the vehicle, a delivery-and-acceptance protocol is to be signed and if there are damages or other peculiarities, they have to be pointed out in the protocol. When the vehicle is given back, again an inspection is to be made and it has to be signed a delivery-and-acceptance protocol and in case damages or lacks have been found out, they have to be paid by the LESSEE, according to current tariff – Annex 2.
Art 6. In case of denial of the LESSEE to sign the delivery-and-acceptance protocol at giving back the vehicle, the protocol shall be signed by the LESSOR and by a witness, certifying the denial and the findings, made in the delivery-and-acceptance protocol as these findings (conclusions) bind the LESSEE and may be used as en evidence in the court.
Art 7. The lease price of the vehicle is defined in EUR with VAT included, according to the current charges (Annex 1) of the LESSOR and has to be paid by the LESSEE for the whole term of the lease agreement upon signing of the latter and upon signing of the delivery-and-acceptance protocol.
Art 8. Upon signing the lease agreement the LESSEE pays to the LESSOR a deposit according to the type of the leased vehicle. The specific amount of the deposit is to be defined in the lease agreement. After the expiration of the term of the lease agreement and provided that the LESSEE has no obligations to the LESSOR, the latter shall pay the deposit back.
Art 9. The LESSOR is obliged to take all the necessary care in order to maintain the vehicle in a good condition and he is obliged to do all the actions as to assure its protection from disturbance and avoidance of damages as he follows the general conditions of the insurer.
Art 10. The LESSEE is obliged to return the vehicle within the agreed term and place. If the LESSEE would like to pick up and/or drop off the vehicle during non working hours of the LESSOR (which is each working day from 18.00 (eighteen) to 09.00 (nine)a.m. o`clock), THE LESSEE is obliged to pay additional tax according to Annex 1.
Art 11. The LESSOR has the right to keep track of the preservation of the LESSEE`s obligations for taking care for the preservation of the vehicle from damages, disturbances and the like. For this purpose the LESSEE is obliged to provide an access to the leased vehicle upon request.
Art 12. The LESSEE has no right to use the vehicle in cases, in which damages could be made to it (in extreme cases, for sport or demonstrative purposes, for transport of dangerous, gross, loos and/or forbidden loads. He has no right to use the vehicle as a training or taxi-car or for dragging trailers or other motor vehicles and etc.)
Art 13. The LESSEE has no right to export or drive the vehicle outside the territory of Republic of Bulgaria without a written consent of the LESSOR – a power of attorney with signatures, certified by a notary public. In case of violation of the provisions of the preceding sentence, in case a damage is made to the leased vehicle, while the vehicle has been outside the territory of the country, regardless of the fact as a consequence of whose guilt the damage has been caused, the LESSEE owes the respective charge under point 34 plus a total compensation for all the damages, endured by the LESSOR including paying the full value of the vehicle in case it has been an object of a theft or has been totally lost.
Art 14. In cases, in which the LESSEE wants to export and drive the leased vehicle outside the borders of the country, he ought to notify the LESSOR at least three working days in advance before the date, on which he wants to export the vehicle abroad and he owes an additional charge over the day lease of the respective vehicle.
Art 15. The LESSEE has no right to give/grant the vehicle to third parties without the express written consent by the LESSOR, which consent has to be under the form of a power of attorney with signatures, certified by a notary public..
Art 16. The LESSEE has no right to leave in the vehicle its keys, immobilizers, remotes for protective devices and documents.
Art 17. All fines and all other kinds of sanctions, imposed by the controlling bodies to the driver of the leased vehicle for non-preserving of the Law on road traffic and/or other normative acts shall be born by the LESSEE and they shall be paid by the latter after he has been given the respective document by the LESSOR, which document certifies the existence of an imposed fine or a sanction in case these have not been paid directly by the driver of the vehicle/by the LESSEE.
Art 18. In case the LESSEE wants the vehicle to be given to him outside the territory of the offices, bureaus and the places of the LESSOR for giving vehicles as well as in the case, when he has returned the vehicle not on the agreed place and/or not in the agreed time, as he has notified the LESSOR in advance, the LESSEE shall pay an additional charge, according Annex 1.
Art 19. In case the LESSEE wants to return the leased vehicle agreed not to place, with no notification of the LESSOR in advance, within up to three hours before the expiration of the term of the lease agreement and without receiving his consent, the LESSEE shall pay an additional charge, according to Аnnex 1.
Art 20. For a delay in giving back the vehicle from one to four hours one should pay 50% of the lease price for a single lease day. For a delay more than four hours one should pay 100% of the lease price for a single lease day.
Art 21. In case the LESSEE has not fulfilled any of his obligations under the agreement, the LESSOR has the right not to give back to him the deposit, which shall be considered by the parties as a forfeit for non-implementation of the agreement. If the deposit has been blocked by a credit card, the LESSEE shall give his irreversible consent for its receiving on behalf of the LESSOR. Non-giving back the deposit does not deprive the LESSOR from his right to seek a compensation for damages, which amount exceeds the amount of the deposit.
Art 22. The LESSEE has the right to give back the vehicle before the lease term has expired, but in such case the LESSEE has to notify him by a phone call, fax or e-mail at least 24 (twenty four) hours in advance and the LESSEE owes to the LESSOR tax for the early termination of the lease contract in the amount of the rental price of the vehicle for two days. The LESSOR refunds to the LESSEE the amount of money paid for the unused days of rental for the vehicle.
Art 23. The LESSEE may require, including via telephone, a renewal of the agreement term, but not later than four hours before the expiration of the term.
Art 24. In case of an accident, regardless of the fact whether the LESSEE is guilty or not, in the cases when only material damages have been caused by the accident, which damages do not influence the movement of the vehicle itself and between the participants in the accident there is a consent regarding the circumstances of the accident, the LESSEE and the other participant in the accident shall make a bilateral protocol, according to the model, provided by the law, as this protocol has to be certified by “traffic police” (KAT). In all other cases of an accident the LESSEE has the obligation to wait for the “traffic police” and to be given a protocol for the accident, issued by it. The LESSEE has also the obligation to notify the LESSOR immediately for this event.
Art 25. In all cases of damage occurring during the operation of the vehicle over the duration of the lease contract and for which it is not paid insurance that covers them, or there is made one, but for a reason for which the Lessor is not up to the requirements, the Insurer refuses payment of insurance compensation for the damage, the Lessee shall pay the Lessor the value of the damage in accordance with the current tariffs of the Lessor – Annex 2.
Art 26. The additional fees that could be paid for a rented vehicle at the request of the Lessee at an additional cost (Annex 1) and their terms are as follows:
(1) “Limitation of the Liability for damage and theft / CDW, TP” – Exempts from liability for damage and theft up to the amount of the deposit. Does not cover damages to tires, wheels, chassis, interior and missing details.
(2) “Discharge for theft / TP +” – Exempts from liability in case of theft.
(3) “Discharge for damage / CDW +” – Exempts from liability for damage. Does not cover damages to tires, wheels, chassis, interior and missing details.
(4) Limitation of liability for damage with extended coverage / Extended coverage “- Exempts from liability for damage to the amount of the deposit. Covers damages to tires, wheels, chassis, interior.
(5) “Discharge for damage with extended coverage / Extended coverage +” – Exempts from liability for damage. Covers damages to tires, wheels, chassis, interior.
Art 27. The Lessee is obliged to keep from damage, loss or other adverse effects the associated with the vehicle documents, keys and / or other accessories, and also return them to the Lessor upon the termination of the lease contract. If the obligations under the preceding sentence are not fulfilled, as well as and in the event of an accident and/or other event and in case when it is not submitted from the Lessee a report from the “Traffic Police” (KAT) and / or Official notice (accident report) from The Police department and / or bilateral protocol for the crash, a copy of a driving license, Identification card and / or Passport, the concluded insurances for the vehicle are invalid and the Lessee assumes full responsibility for the damages suffered by the Lessor.
Art 28. In case of a damage or larceny or appropriation of the vehicle or any other event as a result of which the LESSOR can not recover its possession of the vehicle, the LESSOR has the right not to pay back the deposit to the LESSEE till the moment, in which there is a stand of the insurer for the case. In every case in which the insurer declines payment of an insurance compensation or he has paid less compensation, for reasons which are not due to a guilty behaviour of the LESSOR, the previously mentioned shall keep the deposit as a forfeit for non-implementation of the agreement and the LESSEE shall owe to the LESSOR a compensation for all damages, endured by the LESSOR, which amount exceeds the amount of the deposit.
Art 29. In case of necessity the leased vehicle to be changed by guilt of the LESSEE, the latter shall owe to the LESSOR an additional charge according to Annex 1.
Art 30. In case of necessity the leased vehicle to be changed (it is impossible the vehicle to move independently), which necessity is not a consequence of a guilty behaviour on behalf of the LESSEE, the change or elimination of the failure shall be made and they shall be on behalf of the LESSOR within 24 (twenty four) hours after the necessity has occurred, as the lease term shall be continued with the period from the occurrence of the necessity for the change till the LESSEE has received the substitute vehicle respectively. For the period, pointed in the precedent sentence, the LESSEE shall not owe a lease price.
Art 31. The LESSEE is obliged for all the damages he has caused to third parties as a consequence of the leasing, usage and/or for damages, connected with the vehicle in their way, except in cases, when causing the damages is owed exclusively to a guilty behaviour on behalf of the LESSOR.
Art 32. In case of a failure of the vehicle through the fault of the LESSOR, as well as in case of non-implementation of any of the obligations of the LESSEE, the LESSOR has the right to terminate the agreement unilaterally, as considered from the date the failure has been determined and/or from the date the non-implementation has been determined, as the LESSOR has the right to keep the paid deposit as a forfeit for the failure and/or non-implementation.
Art 33. The lease agreement shall not be terminated automatically at the expiration of the lease term and all the obligations and responsibilities of the LESSEE shall stay valid if the LESSEE has not given back the vehicle and/or has not paid all his obligations to the LESSOR.
Art 34. In case of an insurance event with the vehicle through the fault of the LESSEE, as well as for non-implementation of the obligations under the lease agreement on behalf of the LESSEE, as well as for non-implementation of the present general conditions, for violation of their provisions and/or for causing of other damages and expenses, non-provided in them, the LESSEE shall be liable of paying respective charges according to the approved/fixed tariff of the LESSOR up to the moment of the occurrence of the insurance event/non-implementation/violence/cause of the damage/occurrence of the expense, according to Annex 2.
Art 35. All payments on behalf of the LESSEE to the LESSOR shall be made in cash, via bank transfer and/or through a credit or debit card.
А) In case the lease agreement is to be concluded in relation to giving of a substitute vehicle on the grounds of an agreement for an operative lease, concluded between the LESSOR and the LESSEE, the provisions of the present agreement for operative lease shall not apply.
B) The lease agreement may by amended and supplemented only by the mutual written consent of the parties.
C) For all issues, which are not settled in the general conditions and the lease agreement the provisions of the Bulgarian legislation should apply.
D) All disputes between the parties arising from this Contract or relating to it, including disputes arising from or relating to its interpretation, invalidity, non-performance or termination, shall be settled by the Arbitration Court of the Bulgarian Chamber of Commerce and Industry (BCCI) of Sofia in accordance with its Rules for cases based on arbitration agreements.
Notwithstanding of what has been agreed in the precedent sentence, the LESSOR may decide the disputes, which have arisen, to be settled by the competent Bulgarian courts, regardless of the fact whether the claim, with which the respective dispute is to be settled has been set up by him or by the LESSEE. The choice under the precedent sentence is conclusive and ought to be exerted with setting up the claim on behalf of the LESSOR or with the answer to the claim on behalf of the LESSOR to the latest.
E) The lease agreement is made in two identical copies for each of the parties.
F) Upon signing the present lease agreement the LESSEE declares that:
1. He is aware of the present general conditions and its application of the LESSOR, on the basis of which all charges are to be defined, which charges are pointed in the present general conditions and also in the lease agreement and he is obliged to preserve them.
2. The information, provided in the present agreement is true and correct and he is ready upon request on behalf of the LESSOR to support it with the respective documents.
3. By signing this contract expressly gives its consent to the credit card and VISA or MasterCard to pay all costs of car insurance and all other expenses, costs, charges (pre-charged and / or delayed) and others,аrising or linked to this contract.
4. The documents he provides at leasing of a vehicle are correct and have correct contents.
5. Upon signing the present agreement he gives his express consent to the LESSOR for collecting, processing and giving to third parties the personal data, collected about him, his employees or contractors.