Contract – includes the provisions of the following documents: Rental Agreement, Terms and Conditions for renting, Delivery-Receipt Protocol and all other provisions from its appendixes, including GDPR agreement
Vehicle / Car – represents the vehicle that is offered for renting, including all its accessories
List Price – represents the price for one day of rental (24h), of the rented vehicle, as it is provided on www.expedicar.ro
Fuel – it may refer to gasoline or diesel fuel, according to the specifications of the rented Vehicle
Client – the legal or private person who signes the Rental Agreement in order to rent the Vehicle
Appendixes – additional documents of the Rental Agreement
Delivery-Reception Protocol – document in which the condition of the Vehicle is noted both at delivery and at return
Rental Period - begins on the date of signing the delivery-receipt report by the Client and ends at the time of return of the Vehicle, as specified in the Contract, together with the extensions agreed by the parties
Damage Cost Grid – The list of taxes and fees that ExpediCAR will charge the Customer, detailed by vehicle classes, depending on the location and nature of the damages brought to the Vehicle during the rental period
User / Authorized driver – the person(s) mentioned in the Contract, who is authorized to drive the Vehicle rented by the Customer
Partner – legal entity that intermediates the Vehicle renting between ExpediCAR and the Client
Guarantee/Deposit - Customer liability in case of damage or theft
SCDW/SCDW+ – fees for reducing the Warranty / Deposit, detailed in Cap.4 of the present Contract
PREAMBLE: The contractual clauses include the information from the following documents: Rental Agreement, Terms and Conditions for Renting, Delivery-Reception Protocol, Damage Costs Grid and all the specifications from the Apendixes to the Contract.
The hereby provisions are binding and must be followed accordingly in order to rent a vehicle from ExpediCAR by a Romanian or foreign individual or legal entity.
The Client agrees that ExpediCAR can store personal data and bank card informations, in a secure manner, in order to carry out the rental activity and to recover the amounts due.
1. EXPEDICAR’S LIABILITIES
1.1. To transfer to the Client the right of using the Vehicle that is the subject matter of the Contract by: the delivery of the Vehicle, the completion and signing of the Delivery-Reception Protocol and handing over the keys and legal documents of the Vehicle (registration certificate, TPL).
1.2. To provide road assistance to the Client, on Romanian territory, on the duration of the Contract, 24h/24, 7 days/7 in case of accident or mechanical failure (technical failure). ExpediCAR is not responsible for the tire repair of flat tires and the vehicle fluids addition during the rental period.
1.3. To replace the Vehicle (in the limits of availability), in case of failure which cannot be remedied on spot, if the damage was not produced due to the Client’s own fault, in 24 hours from the written notification from the Client, depending on the location the failure occurred. If the damage or failure was the Client fault, it will be required to block a new Deposit for the delivery of a new vehicle.
1.4. If ExpediCAR is unable to provide a replacement Vehicle (damaged or immobilized by other reasons than Client’s fault), the Client will be reimbursed with the value of the rental cost, calculated pro-rata with the duration in which the Vehicle could not be used.
1.5. ExpediCAR is not responsible for the losses incurred by the Customer in case of malfunction or damage of the Vehicle, with the exception of the repair costs approved by ExpediCAR.
1.6. From the time of delivery of the Vehicle and until the recovery of its possession, ExpediCAR is exonerated of responsibility for the damages caused by the rented Vehicle to the Client or third parties, along with the road taxes, crossing/higway fees, parking fees or fines resulted from the abusive occupation of a parking lot, failure to comply with the traffic laws or the laws in Romania or any other transit country.
1.7. By issuing the receipts for completion and cancellation of the preauthorized Deposits, ExpediCAR is relieved from the unavailability of the amounts from the Client’s accounts and recommends the contacting and presentation of the receipts to the bank that issued the card of the Client.
2. CLIENT’S LIABILITIES
Observation: Provided a reservation made by phone, e-mail or by partners, the reservation can be cancelled by ExpediCAR, without owing anything to the Client or to the intermediary, in case in which the final Client does not fulfill the minimum binding requirements for rental provided by the contract and published on the website of ExpediCAR
2.1. To be the owner of a valid national and/or international driving license (mandatory an international driving license for documents issued in countries with another writing than the Latin alphabet and for those obtained by driving cars with the steeringwheel on the right side, for example: the UK, India, Australia, Japan). Upon the signing of the Contract, the driving license must be presented in original along with a document of identity and bank credit card. The use of the credit card is mandatory for preauthorization of the deposit. Pre-pay or Diners Club cards are not accepted. Fintech cards (Revolut, Monese, N26 etc.) can be used to pay for the services, but not for pre-authorization (blocking) of the Deposit.
2.2. For drivers with a driving experience of 0-1 years, a fee of 300€ will be charged. For drivers with a driving experience between 1 - 3 years, the abount charged will be 100€. The tax is applied per rent, irrespective of its duration. If there are additional drivers in the same conditions, with experience between 0-1 years, respectively between 1-3 years, the tax will be charged only once.
2.3. The fee for additional drivers is 10€/user. By registering them in the Contract, the additional drivers accept the fact that they must comply with ExpediCAR’s rental terms and conditions.
2.4. In case of the confirmed reservations, ExpediCAR reserves its right to cancel them in case the Client is delaying the taking over of the vehicle over 1 hour from the date and time established by mutual agreement, unless the Client informs ExpediCAR in advance in regards to the delay. In this situation, if the reservation was paid in advance, the amount collected is not refunded, but ExpediCAR will issue a voucher in the amount equivalent to the amount collected, valid for a maximum of 12 months.
2.5. To allow the driving of the Vehicle only to the authorized drivers which are mentioned in the Contract, or to ExpediCAR representatives.
2.6. Not to drive the Vehicle outside the road surfaces, on unpaved, non-asphalted roads, closed to public traffic, in flooded areas or on road sections with a high risk of damaging the Vehicle. Otherwise, ExpediCAR will charge the full value of the repair, regardless of the type of insurance the Client chose (including the SCDW/SCDW+ tax options), from the Deposit or will debit the debit/credit card the Client presented upon the signing of the Contract, under prior notification.
2.7. To not allow or make any technical or esthetic intervention on the Vehicle without the written consent of ExpediCAR.
2.8. To notify ExpediCAR, at request, about the location of the Vehicle and to allow the examination of the vehicle by ExpediCAR representatives, within a maximum of 24 hours from the request.
2.9. Not to use the Vehicle for taxi driving, alternative transportation - ridesharing (ex: Uber, Bolt, Bla Bla Car etc.), school for drivers, pushing or towing activities, races, training, competitions, for the transportation of certain dangerous substances or illegal activities, which may damage the condition of the Vehicle, as well as not to give it any other destination than for person transportation under renting conditions. In case in which the rented vehicle is foreclosed or destroyed/damaged by the authorities or by the Client, after its use for the obtaining of certain improper benefits from the transportation of certain forbidden objects or substances, the Client is liable for the entire value of the Vehicle.
2.10. Not to drive the Vehicle while under the influence of alcohol, drugs or illegal substances or medications with similar effect or in a condition that endangers the safe use of the Vehicle.
2.11. To use the Vehicle in accordance with the recomandations of the manufacturer and ExpediCAR’s indications.
2.12. Not to exceed the maximum authorized load for the Vehicle.
2.13. To comply with the legal regmementations in force regarding the circulation on public roads. Otherwise, the Client will be fully responsible for any financial or other repercussions produced as a result of his or of the authorized drivers’s behavior.
2.14. Not to exceed the maximum speed allowed by law on the road segment on which it travels. The speed can also be ascertained by ExpediCAR, with the help of his own monitoring devices or those of the partners.
2.15. To inform ExpediCAR immediately of the loss of the Vehicle keys or documents. Otherwise, the Customer will be fully responsible in case of Vehicle’s theft.
2.16. To inform ExpediCAR in regards to any damage and/or technical disfunctionality of the Vehicle, as soon as it was discovered and to follow ExpediCAR’s directions throughly.
2.17. Pets (such as: dogs, cats) can be transported in the rented Vehicle only in special boxes cages, bags, or covers that are closed during the trip. In case of non-compliance, the conditions mentioned in art. 3.10. will apply.
2.18. The Client is liable to keep the Vehicle in proper condition of use for the entire Contract duration (rental period) and to return the Vehicle in the same condition as it was on the date of pick-up. In case of other damages caused to the Vehicle during the rental period, (including damages caused by the collision with animals or damages with unknown author), the Client is liable to bear the costs of all the repairs necessary to return the Vehicle to the initial condition, at the date of pick-up.
2.19. To accept a temporary replacement for the Vehicle, with another vehicle available at that moment, if technical inspections or any other mandatory interventions on the rented Vehicle are required.
2.20. Not to use the Vehicle for illegal or illicit purposes.
2.21. Not to sell, pledge or dispose of the Vehicle in any other way than the one agreed in the present Contract.
2.22. In case of partial or total theft of the Vehicle, the Client undertakes to immediately inform ExpediCAR and declare the criminal event to the Police, as soon as the theft was noticed by the Client.
2.23. To not take the Vehicle to any car repairs service, not even for parking, without the written consent of ExpediCAR.
2.24. At request, to provide ExpediCAR or any authorized institutions (ex: Police) information regarding the Vehicle, transported persons/goods or any incidents that occured during the rental period.
2.25. To insure the Vehicle and not to entrust the key and / or its documents to any other persons besides the ones authorized to drive the Vehicle, according to the Contract.
2.26. For the failure to comply with the provisions regarding the Client’s liabilities – provided in chapter 2 (save for point 2.1. – case in which ExpediCAR is fully entitled to cancel the reservation unilaterally without the reimbursement of the amounts in case of advance payments) the guarantee deposit will be fully charged (including the case of SCDW taxes).
3. DURATION OF THE CONTRACT. DELIVERY, REPLACEMENT AND RETURN OF THE VEHICLE
3.1. The pick-up and drop-off of the Vehicle will be made at the place, date and time mentioned in the Contract and reservation form and agreed between the Client and ExpediCAR.
3.1.2. Upon delivery of the Vehicle, by signing the Delivery-Reception Protocol, the Customer confirms that the car has been delivered in the condition and with the accessories mentioned in it and assumes responsability that, from the pick-up date until the date of return, will bear all risks, including the risk of loss or damage to the Vehicle and its accessories.
3.2. Delivery and return of the Vehicle outside business hours (Mon-Fri 09:00 -18:00) can be done at the customer's request. In this case an additional fee of 20 € will be charged per delivery/return.
3.3. The return of the Vehicle in another place than the place of delivery (within a radius of 100km) will be made only with prior approval from of ExpediCAR and an additional fee between 30€ and 250€ will be charged. In case in which the Client is requesting the return of the Vehicle in another location subsequently to the taking over of the car, he will inform ExpediCAR in writing or by calling at the non-stop support phone number +40 763 96 96 06. ExpediCAR will give its agreement upon this Contract change, and the Client will pay the additional fee mentioned above, which will be informed in writing by ExpediCAR, by text message or e-mail. The charge of this fee will be made upon returning the Vehicle from the Deposit amount, in cash or by credit/debit card presented by the Client on the signing of the Contract.
3.4. In case the Client returns the Vehicle in another location that the one agreed in the Contract (within a radius of 100km) without informing ExpediCAR in advance of the change of return location, a tax in the amount of 250€ will be charged.
3.5. Upon returning the Vehicle with a delay compared to the date and time of return specified in the Contract, an additional fee of 10€ / hour will be charged. If the Client delays the return of the Vehicle without the consent of ExpediCAR, the company has the right to regain its possession at the expense and risk of the Client, INCLUDING THE USE OF OWN MEANS.
3.6. The return shall be considered effective when the Delivery-Reception Protocol is signed by both parties. Upon signing it, the observable differences from the condition in which the Vehicle was delivered will be mentioned, with the exception of hidden damages or defects which can be discovered after the return of the Vehicle by an internal commission and which will be communicated to the Client. The Client understands that the above mentioned procedure can be also followed in his absence, the Customer being opposable to the commission's findings and being bound to pay the value of the defects / damages indicated by the commission
3.7. For Vehicles that are returned outside business hours (weekend or nighttime), or when the weather conditions and/or the state of cleanliness of the Vehicle prevents the assessment of the Vehicle’s condition, the Client’s responsibility for the eventual damages will be extended until the assessment can take place.
3.8. If the Client abandons the Vehicle without prior notification of ExpediCAR in writing or by calling at the non-stop support phone number +40 763 96 96 06, and without delivering the car key to a representative of ExpediCAR and without the signing of the Delivery-Reception Protocol, the Client will bear responsibility for the costs corresponding to the relocation of the vehicle to ExpediCAR’s agency, and of other costs for restoring the car to its original condition, as recorded in the Delivery-Reception protocol at pick-up. The same conditions are valid also in case in which the client refuses the handing over of the Vehicle.
3.9. The parking fees during the delivery-reception of the Vehicles, in another location than the one proposed by ExpediCAR, as well as the parking on the entire term of use of the rented Vehicle are the responsibility of the Client. The latter will bear all the taxes provided by the laws in force together with the cost of parking, both on the territory of Romania and in another states, the road tax, the bridge tax, the staying tax in airports or special spaces with limited time, fines resulted from the failure to comply with the traffic rules. In case of failure to pay those abovementioned, ExpediCAR will pay the fines resulted from the failure of the Client to comply with his liabilities. ExpediCAR will invoice the effective value of the fines to the Client plus a management tax of 50 €/fine. Also, the Client agrees that ExpediCAR can charge all the amounts from the customer’s card, and/or to charge them from the guarantee established at delivery.
3.10. Upon delivery of the Vehicle to the Client, the state of cleanliness of the Vehicle, both inside and outside, will be specified in the Delivery-Reception Protocol that will be signed by the Client. If upon returing the Vehicle, a detailed cleaning (more than the standard washing procedure) is needed in order to return the Vehicle to the initial conditions, the Client agrees to pay a management fee of 50 € and the counter value of the car wash, according to the invoice that will be transmitted by e-mail.
3.11. The Client will return the Vehicle with the same amount of fuel it was delivered at the start of the rental period (according to the Delivery-Reception Protocol). Otherwise, after the written notification from ExpediCAR, the Client agrees to pay a fuel supply tax of 20€ and the counter value of the missing fuel, according to the fiscal ticket from the gas station. No credit is granted for the additional fuel than the initial amount supplied by ExpediCAR.
3.12. The incorrect supply of the rented Vehicle with another fuel than the one indicated by the manufacturer (mentioned on the registration certificate and on the delivery-reception protocol) draws the Client’s responsibility to pay a service tax of 50 €, the cost for towing the Vehicle, the cost corresponding to the days of immobilization in service, the repair cost according to the repair estimate, as well as the corresponding fuel resupply (also applies to the Clients who opted for SCDW/SCDW+).
3.13. Damage or destruction brought to the wheels or tires results in the Client's obligation to pay a service fee of 50€ and the cost of repairing or replacing the damaged/ destroyed element.
3.14. Damage to the under body of the Vehicle, representing the elements under the car (oil bath, shield, exhaust, etc.) entails the Client's obligation to pay a service fee of 50 € and the cost of repairing or replacing the damaged/ destroyed element.
3.15. For renting abroad or leaving the Romanian borders during the rental period, the prior written agreement from ExpediCAR is required. Those situations are subject to special conditions. A mileage limit and a cost/kilometer for excess mileage will be mentioned in the Contract.
3.16. The guarantee deposit for leaving the country will be double compared with the list prices for the rented vehicle class.
3.17. The travelling abroad is permitted only on the territory of the European Union, of the Economic European Space and / or the countries for which ExpediCAR has expressly given its consent. In case this provision of the Contract is breached, in case of damage or theft of the Vehicle, the Client will be responsible with the entire value of the car.
3.18. In case of malfunctions and/or road events that occurred abroad, the Client is liable, according to the Contract signed upon delivery of the Vehicle, for the repariation of the Vehicle, bearing in full the costs incurred.
3.19. ExpediCAR can rent, together with the Vehicle, the following accessories: GPS, child seat, snow chains, Wifi router at the prices mentioned bellow:
• GPS, 5€/day;
• Child seat, 5€/ day;
• Snow chains, 3€/ day;
• Router Wi-fi, 5€/ day.
3.20. In case of loss or deterioration by the Client of the car keys, original documents, car accessories or in case of loss of the license plates or the parking chip, ExpediCAR will charge the Client the counter value of the damaged/lost objects at the price mentioned in the purchase invoice of each accessory, or at the value of the fine the Client must pay to which a management fee of 50€ will be added.
3.21. ExpediCAR cannot be held responsible for any personal objects forgotten or abandoned in the Vehicle by the Customer and that are not identified upon returning the Vehicle, as well as those that are in the Vehicle at the moment when ExpediCAR regains its possession as a result of termination of the Contract or application of one of the clauses this contract.
3.22. Smoking in ExpediCAR’s rental vehicles is strictly forbidden. In case of non-compliance, a fee of € 50 will be charged to the Client, to which the counter value of the car wash services will be added.
4. GUARANTEE FOR DAMAGES AND TAXES FOR ITS DECREASE
4.1. The Vehicle has a valid TPL insurance policy, according to the laws. TPL is an insurance through which faulted third parties receive compensations for material damages and/or death or personal injury incurred as a result of a car accident caused by the fault of the insured driver.
4.2. Upon signing the Contract, the Client will choose one of the following guarantee/deposit/deductible and fees for its reduction: Collision Damage Waiver (CDW), Theft Protection (TP), included in the standard price, on which Super Collision Damage Waiver (SCDW) or Super Cover Plus (SCDW +) tax can be added.
4.2.1. Collision Damage Waiver (CDW) represents a deductible for damages (liability) also called Guarantee for damages or Deposit (specified for each vehicle class on the website – Public Price List), which can vary according to the Vehicle class and is specified in the Rental Agreement signed by the Parties. The deposit will be established upon signing the Contract, will be preauthorized (blocked) by ExpediCAR on the Client’s credit card and will be released at the returning of the Vehicle (with the exception of the situations mentioned in art. 4.4).
4.2.2. Theft protection (TP) is a protection against theft which is meant to reduce the responsibility of the authorized driver for the costs generated by the theft or attempted theft of the rented vehicle, within the limit of the class deposit set out in the Contract. Theft protection does not cover the personal belongings of the driver and / or passengers.
4.2.3. Super Collision Damage Waiver (SCDW) represents a tax for reducing the guarantee/deposit mentioned at 4.2.1., deposit that is also available on the website www.expedicar.ro. By paying the SCDW tax, the responsibility of the Client in case of theft or damages is reduced according to the Public Price List.
4.2.4. Super Cover Plus (SCDW+) represents a tax for reducing the guarantee/deposit, which eliminates the responsibility of the Client in case of theft or damages, with the exception of the situations mentioned in Cap.5 of the present Contract.
4.3. In case one of the authorized drivers/users mentioned in the Contract is between 18 and 25 years old or over 70 years old, the guarantee/deposit value will be doubled. In this case, the guarantee/deposit cannot be reduced by paying the SCDW or SCDW+ tax.
4.4. In case the Client opted for CDW or SCDW deposit, the Guarantee (franchise) for damages will be charged by ExpediCAR under the following conditions:
a) damage (accidents) caused to the rented Vehicle and ascertained by the competent bodies of the Police, as being the Client's fault, damages with unknown author or incurred as a result of weather phenomena or other situations (including the case in which the Vehicle is found damaged or vandalized while parked);
b) damages to the glass elements of the Vehicle;
c) the theft or partial theft of the rented vehicle;
d) as well as in case of any other exclusion from the insurance policies or according to the damage cost grid, part of the terms and conditions.
5. EXCLUSIONS FROM GUARANTEE FOR DAMAGES AND TAXES OF ITS DECREASE
5.1. Irrespective of the tax paid for the decrease of the guarantee for which the Client has opted, he becomes responsible and will be charged with the full amount of repairing costs and the payment of the collateral damages in the following situations:
- failure to comply with the provisions of Chapter 2;
- missing fuel, case in which a fee in amount of 20 €, representing the supply tax and the corresponding value of re-fueling the Vehicle (art. 3.11) will be charged;
- the loss of the car’s documents / key / accessories (article 3.20);
- damage of passenger cabin: excessive dirt, staining of the upholstery/seats or their damage (art 3.10);
- damage of the under body of the Vehicle, representing the elements under the car: shield, exhaust pipe, oil sump etc.(art. 3.14);
- wrong fuel supply of the Vehicle (art 3.12);
- deterioration of the rims or tyres (art 3.13);
- partial or total damage caused as a result of smoking inside the Vehicle and/or while in the proximity of flammable environments (art. 3.22);
- driving the Vehicle while under the influence of alcohol, drugs or illegal substances, or in a condition that endangers the safe use of the Vehicle, case in which the Client will be responsible and will bear the entire value of the damaged Vehicle;
- Carrying out illicit or criminal activities as well as any action that has as a consequence the loss of the Vehicle’s guarantee or is excluded from the Comprehensive insurance policy of the Vehicle (CASCO).
5.2. If at the time of concluding the Contract a guarantee has been established, ExpediCAR has the right to retain it in full in the event that when returning the Vehicle, it or its components and equipment (eg: GPS, child seat, etc.), are damaged, missing or are presenting technical defects, other than those mentioned in the Delivery-Reception Protocol signed at delivery of the Vehicle.
5.3. In case the Client owes, according to the signed Contract, any additional amounts to the ones he paid at the delivery of the Vehicle, the Owner has the right to charge the missing amounts from the guarantee, up to their total value.
5.4. If the guarantee was blocked on the Client’s card, the returning of the amount will be made in maximum 30 calendar days, time in which ExpediCAR will not owe the Customer any interests, penalties or any other obligations for not being able to access or use the mentioned amount.
6. PAYMENT OF THE SERVICES
6.1. The Client is paying in full, on the signing of the Contract, the rental value (of the car and of the options he is renting), the tax for the decrease of the guarantee (if he chosed one) and the possible taxes established in the Contract or the Delivery-Reception Protocol. The payment can also be made in advance online on the website www.expedicar.ro, by payment link sent by ExpediCAR or by wire transfer in ExpediCAR’s bank account.
6.2. The invoice will be issued in RON, at Unicredit selling exchange rate for EURO valid on the day of issuing the invoice.
6.3. The payment of the rental services can be made by credit card, debit card (Visa, MasterCard or American Express) or cash. Pre-pay cards or Diners Club are not accepted. Fintech cards (Revolut, Monese, N26, etc.) can be accepted to pay for services, but not for the pre-authorization of the guarantee/deposit.
6.4. The rental prices do not include: fuel costs, road tolls except for the road tax (rovignette) for Romania which is included in the rental, Green Card extensions, fines received for violating traffic legislation on public roads and national legislation in force in Romania or any of the countries transited, or costs resulting from the actions of the Local Authorities upon the Vehicle that is the object of this Contract, during the rental period. The full responsibility of paying these amounts will be borne by the Client.
6.5. The Client must pay all of the remaining financial liabilities and amounts, according to the Contract, upon returning the Vehicle, based on the payment document issued by ExpediCAR.
6.6. Any amount due and unpaid by the Client to ExpediCAR by the end of the Contract, as well as any other amounts subsequently occurred (cost of extension of the renting period, fines, penalties, etc.) or Vehicle repair costs as a result of the damages caused during the rental period, according to the provisions of the Contract, can be charged by ExpediCAR from the credit card of the Client, with prior written notification (sent by e-mail, fax, text message, other messaging applications like Whatsapp) at the phone number mentioned in the Contract. Any amount charged and received in the Client’s absence, under the latter’s agreement through the signing of the current conditions, is concluded with ExpediCAR sending an e-mail with the receipts corresponding to the payment attached.
6.7. In case of delay of payment from the term mentioned in the invoice or Contract, penalties in amount of 1% per day from the owed amount may be received; the penalties can exceed the due amount.
6.8. In case of early return of the Vehicle, the Client will be refunded the value of the services paid in advance, recalculated according to daily price change. The refund can be made through a voucher in ExpediCAR's network which has 12 months valability from the issue date and is transferable.
6.8.1. The Voucher can be used for reducing payment amount of future rentings. In order to use it, the Client has to inform ExpediCAR by phone or e-mail that he posess a voucher and to present it to ExpediCAR’s representatives (printed or electronic format) at Vehicle’s pick up.
The voucher can be used at any of the ExpediCAR agencies in Romania and can be combined with other valid offers. Also, the voucher can be offered as a gift.
The Voucher can be used to acquire any rental services from ExpediCAR, as long as the Client accepts the rental terms and conditions in force at the moment of the rental.
6.9. The guarantee provided in Cap. 4 will be returned by the end of the rental duration, within aproximately 30 days from the date of signing of the delivery-reception protocol by ExpediCAR and the Client. ExpediCAR is not responsible for the delays in the return of the guarantee caused by external factors as: delays of the bank institutions, strike, blocking of Client's accounts etc.
7. PROCEDURE IN CASE OF DAMAGES:
7.1. The Client has the obligation to inform ExpediCAR in regards to any new damage that was observed/produced to the Vehicle or the loss/disappearance of the Vehicle and/or its documents and accessories.
7.2. If the damage is of unknown author, the Client has the obligation to to obtain, before the return of the Vehicle, the Repair Authorization from the Police Authorities.
7.3. If the damage/accident was produced due to Client’s fault and two vehicles were involved, the Client has the following obligations:
7.3.1. The completion of the amicable constatation document if the two drivers acknowledge their fault;
7.3.2. The Minutes + the Repair Authorization obtained from the Police Authorities in case in which the two drivers do not agree amicably upon the circumstances of the accident.
7.4. If the damage/accident was not produced due to Client’s fault and two vehicles were involved, the Client has the following obligation:
7.4.1. The completion of the amicable constatation document if the two drivers acknowledge the fault, an TPL insurance copy of the guilty driver, copy of the registration certificate of the guilty driver, copy of the Identity Card of the guilty driver, copy of the Driving Licence of the guilty driver;
7.4.2. In case in which the two drivers do not agree upon amicably, the following documents will be necessary: the copy of the TPL insurance of the guilty driver, the Minutes and the Repair Authorization obtained from the Police Authorities.
7.5. If more than two vehicles were involved in the accident, or body injuries resulted from the accident, the Client is liable to contact the Police Authorities in order to obtain the Minutes and the Repair Authorization
7.6. In case of an accident in which an animal or object was hit, the Client is liable to inform the Police Authorities as soon as the accident occurred.
7.7. In all the previously mentioned cases, the Client is liable to insure the completion without errors of the Amicable Constatation document and also the Minutes and the Repair Authorization the Repair issued the by Police Authorities.
7.8. In case of failure to comply with the procedure in case of damage, the Client is responsible for the entire value of the repairs, the cost of the immobilization and the costs generated by the lack of use of the car.
8. EXTENSION, TERMINATION AND EARLY TERMINATION OF THE CONTRACT
8.1. The terms of the extension, of the cessation or the early termination of the Contract can only be established with ExpediCAR’s approval.
8.2. The Client’s intention to extend the Contract shall be communicated to ExpediCAR with at least 24 hours before the expiration of the Contract. The price agreed will be paid in the same conditions in which the initial contract was signed, within maximum 24 hours from the beginning of the term of extension. The contract may be extended under the written agreement of both parties.
8.3. The contract is ceasing by right at the end of the rental period.
8.4. The Contract can be terminated before the ending of the rental period if the parties agree upon it or as an effect to early termination due to breaching of the Contract provisions.
8.5. If the Contract is terminated by agreement of the parties, before the returning date, ExpediCAR will recalculate the tariff for the used period according to the tariffs in force on the website www.expedicar.ro, and will issue a voucher for the difference between the payed and used amount, valid for a maximum of 12 months and which is transferable.
8.6. In the event of early termination of the Contract by ExpediCAR, it will inform the Client in advance by phone, SMS or messaging applications (ex: Whatsapp, etc), at the phone number the Client provided in the Delivery-Receipt Protocol or in the Contract, by fax or by e-mail.
The notification is valid and takes effect immediately, even if the phone is disconnected, in which case the notice will be mandatory sent by SMS.
8.7. Both in case early termination or normal termination of the present Contract, the Client is required to return the Vehicle immediately, ExpediCAR being entitled to recover the car both directly or by intermediaries, having the express consent of the Client to enter any space the rented Vehicle is located in and to take possession of it, INCLUDING USING OWN MEANS, in order to recover the Vehicle.
8.8. The Contract will be considered terminated by operation of the law without being necessary its declare in default or any kind of formalities for this purpose (termination pact grade IV), ExpediCAR having the right to take over the Vehicle from the Client or any other third party, with no regards of the location of the Vehicle in that moment (by signing the Contract the Customer agrees the representatives of the Owner can enter a private property or spaces that are owed by the Client or its representatives, in order to recover possesion of the rented Vehicle), INCLUDING USING OWN MEANS, in the following situations:
- Dissolution, re-organization (voluntary or compulsory), or initiation of the Client’s insolvency/bankrupcy procedure;
- Initiation of a criminal investigation against the Client or its representatives
- The death of the Client or loss of its exercise capacity;
- Non-compliance with the Contractual clauses (Cap. 2, art. 3.15, Cap. 5, Cap. 6, Cap. 7, art. 8.2) that were agreed by the parties at the moment of signing the Contract;
- driving under the influence of alcohol and / or other substances incompatible with driving, as well as as a result of violating the legal provisions or carrying out any illegal activity in which the rented vehicle is involved.
9. CANCELLATION AND PAYMENT POLICY
9.1. The vouchers are transferable and are valid for 12 months; they can be used to purchase any rental services provided by ExpediCAR, as long as the customer complies with the terms and conditions in force.
9.2. The Client expressly agrees that he will not use the bank's chargeback mechanism (to waive this right / benefit), for the partial or total reversal of the amounts traded with the card for the payment of rent, extra services or Deposit. In case the Client does not agree with the charged amounts, he has the obligation to notify the objections to ExpediCAR, in writing, prior to any other actions, for the objections to be settled amicably, between the parties or, in case of non-agreement, to be settled with the Competent Courts. If the Client uses the chargeback mechanism unjustifiably, he assumes responsablity for all the costs arising from the lack of use of the amount, legal interest etc, as well as the payment of damages in amount of 1000€.
9.3. The Client agrees to the storage of card data in a secure manner and for its use by ExpediCAR, ONLY with prior notice (but without the need to obtain prior agreement), for the recovery of amounts resulting from damages incurred during the rental period, including those that were identified after returning the Vehicle, fines, lack of fuel and any other amounts due in accordance with the provisions of the Contract. The Client agrees that ExpediCAR will use the pre-authorized amounts in the form of a guarantee constituted at at the Vehicle’s delivery to cover any amounts due and / or not paid on time by the Client, according to the Contract.
9.4. In case of advance payment of rental services online or by other means, the refund in case of cancellation of the reservation will be made by ExpediCAR by issuing a Voucher with a value equal to that of the amounts collected, valid for 12 months. No amounts of money paid in advance are refunded in any other way.
10. FINAL PROVISIONS
10.1. For non-compliance with the obligations arising from this Contract the Client shall be put in default by operation of the law.
10.2. The present Contract is subject to the Rmanian law. Any litigation that arise from or in regards to this Contract will be settled first amicably and in case of non-settlement, the parties will address the competent Courts in Bucharest.
10.3. For any dispute, this hereby Contract is constituted as evidence.
10.4. The Customer expressly declares that he has acknowledged and agrees to the use of his personal data by ExpediCAR, for the purpose of concluding, executing, amending and terminating the present Contract, in accordance with the signed agreement and agrees that the Vehicle subject to this contract is or can be tracked at any time, located by technical means or persons authorized by ExpediCAR.
10.5. The Parties declares that have read, understand and agree upon the provisions of the Contract and that none of the above clauses are unusual clauses.