Terms and Conditions
The Rental Agreement comprises these Terms and Conditions, under which the company S.C. C.U.N. Auto Rentals S.R.L. (hereinafter the “Owner”) supplies the motor vehicle (hereinafter the “vehicle”) to the individual or entity signing the Rental Agreement (hereinafter the “Renter”) upon payment by the Renter of the price for the rental period agreed.
I. PERSONS ENTITLED TO DRIVE THE RENTAL VEHICLE
1.1 The vehicle may be driven during the rental period only by the Renter or by persons named in the supplementary drivers’ sheet, which shall be attached to the Rental Agreement as Annex No. 2 (hereinafter “supplementary drivers”).
1.2 The Renter and/or any supplementary drivers must be psychologically and physically capable of driving the rented vehicle.
1.3 The Parties agree that the Renter and/or any supplementary drivers shall be aged between 20-75 years.
1.4 The Renter and/or any supplementary drivers shall hold a driving license appropriate for the class of vehicle rented. The driving license must be valid for a continuous period of at least 12 months and must not have been suspended, revoked, canceled or subject to any restriction on the right to drive.
1.5 Supplementary drivers have the same obligations as the Renter, the latter being obliged to inform the former about their obligations and to answer for any non-compliance.
II. PURCHASE TERMS AND CONDITIONS
2.1 The Renter shall pay the Owner for the hire of the vehicle the sum or sums specified in Annex No. 1 and authorises the Owner to charge all amounts payable to the Renter’s account. The Renter’s account means a nominated debit card account or credit card account.
2.2 The following cards will be accepted by the Owner: MasterCard, VISA.
2.3 The Renter is obliged to pay a security deposit for the entire hire period. The security shall be returned upon signature of the form acknowledging the vehicle’s return and receipt with no added remarks/indications.
2.4 The Agreement price also includes any applicable additional charges payable at the end of the hire term. These include, but are not limited to:
(a) a fee of MDL 20 per liter for fuel used in case of returning the vehicle other than with a full tank;
(b) fees for late return of the vehicle and/or for any delay in signing the return and receipt form, unless such delays are due to Owner’s fault. In case of late return of the vehicle and/or delayed signing of the return and receipt form of up to 4 hours, the Renter shall be charged 10% per hour from the 1-day value of the rental. For a delay of 4 to 8 hours from hire term expiry, the Renter shall be charged a fee equivalent to that of a full-day rental of the chosen vehicle. For a delay of over 8 hours and for any other subsequent day of delay, the Renter shall be charged a fee equivalent to twice the fee for a full-day’s hire of the chosen vehicle;
(c) road user charges (vignettes or other type of road tolls), in the event of driving outside the territory of the Republic of Moldova, which shall be allowed exclusively under an agreement with the Owner;
(d) charges for damage to or repair of the vehicle and its accessories, subject to the conditions set out in this Agreement, as well as any other payments to cover the cost of related repairs;
Charges under letter d) of this clause shall be established by the Owner in accordance with those set out by an authorised Mercedes-Benz Center (S.C. Grand Premium S.R.L., Republic of Moldova);
(e) cleaning charges, if the vechicle is returned in an excessively dirty condition that requires extra cleaning or deodorizing. This includes, but is not limited to: spillage of fluids, food, vomit, other stains and unpleasant odors, including cigarette smoke;
(f) traffic and/or parking offence infringement fees;
(g) fees charged for cancellation of online reservations (as described under section 11.3);
(h) administration fees as specified in this Agreement.
2.5 The Owner shall charge the amounts set out in clauses 2.1, 2.3 and 2.4 above to the Renter’s account during or after the term of hire is completed, or the Renter may pay such charges as agreed with the Owner.
2.6 If the Renter fails to pay the amounts due under the Rental Agreement, the Renter shall be deemed to be in delay without notification in this respect, and within 7 days of the date of payment chargeability the Owner may apply penalties, without prejudice to any other rights or remedies the Owner may have. The Renter shall be bound to pay said penalties as follows:
(a) interest at 10% (compounded daily) on the total amount owing from the expiry of 7 days from the date of payment chargeability;
(b) an administrative fee of MDL 1000.
III. RENTER’S RIGHTS AND OBLIGATIONS
3.1 The Renter is not entitled to:
(a) use or permit the vehicle to be used for transport of passengers for hire or reward;
(b) sub-rent or hire the vehicle to any other person;
(c) allow the vehicle to be used outside the authorised territory;
(d) operate the vehicle or permit it to be operated in committing crimes, offences or engaging in any unlawful activity;
(e) operate the vehicle or permit it to be operated in any race, speed test, reliability trial, rally or contest, or operated on any race or rally circuit or in any event as a pace-maker or testing in preparation for any of them;
(f) operate the vehicle or allow it to be operated for the transport of more passengers or goods than the maximum specified in the certificate of loading and/or road user charge certificate, whichever is the lesser, for the vehicle;
(g) drive or allow the vehicle to be driven by any person if at the time of driving the vehicle the driver does not hold a current driver’s licence appropriate for the vehicle;
(h) drive or allow the vehicle to be driven on any road or surface likely to cause increased wear or damage to the vehicle, or drive at a speed / in a manner that favours damage to the vehicle;
(i) allow the vehicle to be driven by any person not named or described in this Agreement or in Annex No. 2;
(j) operate the vehicle or allow it to be operated to propel or tow any other vehicle, or for any purposes for which the vehicle was not intended/designed;
(k) transport any animal in the vehicle, either knowingly or unknowingly, willingly or unwillingly;
(l) smoke or allow any person to smoke in the vehicle, or perform other activities involving the vehicle that do not result from the essence or purpose of the Rental Agreement and from foreseeable circumstances for the Owner, without the Owner’s prior authorisation;
(m) carry out any activities with the use of or in relation to the vehicle which, according to this Agreement, the legislation in force, common practices, or public order and accepted moral principles, are not expected, are not approved, are not allowed, are prohibited or are sanctioned.
3.2 The Renter is liable for:
(a) any loss of, or damage to, the vehicle and its accessories;
(b) any consequential damage, loss or costs incurred by the Owner, including salvage costs, delay or temporary/total loss of ability to re-hire the vehicle, and loss of revenue;
(c) any loss of, or damage to, vehicles and property of third parties – including, where applicable, any loss of revenue – arising as a result of the hire, unless providing evidence that they are due to the Owner.
(d) any damage or loss of revenue caused by non-compliance with provisions of this Agreement.
3.3 The Renter shall ensure that:
(a) correct personal and contact data are provided, along with permission for the use thereof for the purpose of this Agreement;
(b) a valid debit or credit card is provided;
(c) all reasonable precaution and security measures are taken when driving and parking the vehicle;
(d) the water in the vehicle\’s radiator and battery is maintained at the proper level;
(e) the oil in the vehicle is maintained at the proper level;
(f) only the fuel type specified for the hired vehicle will be used, with refuellings to be carried out at authorised gas/petrol stations;
(g) the tyres are maintained at their proper pressure;
(h) the vehicle is locked and secure at all times when it is not in use and the keys kept under the Renter’s personal control, or under the control of persons authorised under provisions of this Agreement;
(i) the distance recorder or speedometer are not interfered with;
(j) no part of the engine, transmission, braking or suspension systems are interfered with, in absence of the Owner’s prior authorisation;
(k) should a warning light be illuminated or should the Renter find that the vehicle has a malfunction or requires the services of a qualified motor mechanic or specialist service provider, considering that such observations should be derived from medium-level driving knowledge and expertise, the Renter shall stop driving the vehicle and immediately ask for the Owner’s opinion on the matter, closely following the Owner’s directions;
(l) any authorised driver is able to produce their driver’s licence, vehicle-related documents (registration certificate, civil auto liability insurance policy, vignette), and written authorisation to drive the vehicle, on demand from police officers or other competent authorities;
(m) the return and receipt procedure is accurately completed by participating therein and complying therewith, or by appointing an authorised person or a representative to participate therein, insofar as permitted under this Agreement;
(n) the hired vehicle is exclusively operated on the territory of the Republic of Moldova (excepting the Transdniestrian separatist region), unless given the Owner’s authorisation for use on other states’ territory.
(o) all drivers authorised to use this vehicle during the term of hire are aware of and comply with the terms outlined in this Agreement.
IV. OWNER’S OBLIGATIONS
4.1 The Owner shall supply the vehicle to the Renter in a safe condition for driving.
4.2 The vehicle shall be delivered to the Renter with everything required: key, registration certificate, RCA (civil auto liability) insurance, MD vignette, authorisation, full fuel tank, winter tyres (during colder periods).
4.3 The Owner shall ensure accurate completion, in the Renter’s presence, of the return and receipt form attached to this Agreement (Annex No. 3). The Renter’s unjustified absence or refusal to participate shall not preclude the Owner from completing the return and receipt form with accurate and appropriate remarks/indications. In this context, an unjustified absence or refusal to participate in the return and receipt form completion procedure shall mean any refusal or absence due to force majeure circumstances that the Renter encounters, namely:
a) the Renter’s death;
b) the Renter’s hospitalization at the time of completion of the return and receipt form, unless other persons authorised to draw up the return and receipt form have been nominated;
c) detention, arrest or other flagrant deprivation of liberty, if any such measure made it impossible for the Owner to be timely informed or for another authorised person to be appointed for representation in the return and receipt form completion procedure, provided that such a person was appointed under the Agreement.
V. MECHANICAL REPAIRS AND ACCIDENTS
5.1 If the vehicle is involved in an accident, is damaged, brakes down or requires repair or salvage, regardless of cause, the Renter shall notify the Owner of the full circumstances by telephone immediately.
5.2. The Renter shall not arrange or undertake any repairs or salvage without the Owner’s authority (this includes, but is not limited to, purchasing a replacement tyre) except to the extent that repairs or salvage are necessary to prevent further damage to the vehicle or to other accessories thereof.
5.3 If the vehicle requires repair or replacement due to the Owner’s direct fault, the latter shall supply another vehicle to the Renter, if such action does not require a disproportionate expense for the Owner. In the latter case, the Owner’s obligation shall be limited to refunding the Renter’s advance payment, minus the amount due to the Owner for the actual duration of the hire prior to being notified about the replacement. The amount to be returned shall be calculated by the Owner, on the basis of tariffs applied under the Rental Agreement for a time unit and their equivalents.
VI. RETURN OF VEHICLE
6.1 The Renter shall at or before the expiry of the rental term, deliver the vehicle to the agreed location described in Annex No. 3 or obtain the Owner’s consent to the continuation of the hire (in which case the Renter shall pay additional rental charges for the extended term of hire);
6.2 If the Renter does not request any extension of the term of hire, but the vehicle’s return is delayed, the Renter shall be charged according to section 2.4 (b) of this Agreement.
6.3 If the Renter does not comply with section 6.2, does not return the vehicle and does not react promptly to the Owner’s requests, the latter may report to the police and the Renter shall compensate the Owner for damages incurred, including additional payments under this Agreement, along with penalties and fees referred to in section 2.4., as well as the damage and loss of revenue suffered by the Owner until recovery of the rented vehicle.
7.1 The vehicle is insured, with insurances being exercised under conditions laid down by law and this Agreement.
7.2 RCA (civil auto liability) and CASCO insurance premiums are included in the rental fee.
7.3 The CASCO insurance has a franchise for any event (damage, accident, theft, etc.) and shall be paid by the Renter.
VIII. INSURANCE EXCLUSIONS
8.1 The Renter acknowledges that the vehicle’s CASCO insurance shall not apply:
(a) at any time when the driver of the vehicle is under the influence of alcohol or any drug;
(b) at any time when the vehicle is in an unsafe or un-roadworthy condition, such condition arising during the course of the hire, that caused or contributed to the damage or loss of the vehicle, and the Renter or driver was aware or should have been aware of the unsafe or un-roadworthy condition of the vehicle;
(c) at any time when a mechanical, electrical or electronic breakdown or breakage occurs, or any malfunction that results from improper use of the vehicle, including damage to the engine or transmission system directly resulting from any mechanical failure breakdown or breakage, with the exception of resulting damage to other parts of the vehicle;
(d) at any time when the vehicle is driven in any race, speed test, reliability trial, rally or contest, or operated in any race or rally circuit or in any event as a pace-maker, or testing in preparation for any of them;
(e) at any time when the vehicle is driven by anyone not named or described in Annex No. 2 as a person permitted to drive the vehicle (unless the Renter is a legal entity or a State institution and the driver is authorised by them to drive the vehicle, subject to all terms and conditions of this Rental Agreement);
(f) at any time when the vehicle is driven by an unlicensed person;
(g) at any time when the vehicle is wilfully or recklessly damaged or lost by the Renter, a nominated driver, or a person under the Renter’s authority or control;
(h) at any time when the driver commits a traffic offence while driving the rented vehicle;
(i) at any time when the vehicle is loaded or is being loaded in excess of the manufacturer’s specifications;
(j) at any time when the vehicle is being loaded or unloaded in unauthorised places and such loading or unloading is not performed by the driver or attendant of the vehicle, using accessories approved by the Owner for such loads;
(k) at any time when the driver fails to stop or remain at the scene following the occurrence of an accident where required to do so by law;
(l) to any fine or penalty imposed as a result of breach of any law while using the rented vehicle;
(m) to any puncture, cut or bursting of any tyre, or damage to any tyre by application of brakes;
(n) to any wear and tear to the vehicle;
(o) to any liability for damage caused by vibration or the weight of the vehicle or its load to any: bridge or viaduct, any road or anything beneath a road, any underground pipe line or cable, or any other underground installation;
(p) at any time when the vehicle was being driven on any roads other than tarseal or metal, including but not limited to beaches or driveways likely to damage the vehicle;
(q) to engine water damage;
(r) to any serious damage to the vehicle or to third-party property resulting from such damage;
(s) at any time when the vehicle was operated beyond the term of the Rental Agreement or any agreed extension thereof, or at any other time or in any other circumstances notified by the Owner to the Renter and approved by the latter.
IX. TRAFFIC OFFENCES
9.1 All penalties related to traffic and/or parking offences are the responsibility of the Renter and the Owner may charge the Renter’s debit/credit card for any traffic and/or parking offence infringement fees incurred by the Renter.
9.2 The Owner undertakes, in the event that the Owner receives notice of any traffic or parking offences incurred by the Renter, to send a copy of any such notice to the Renter as soon as is practicable and to provide the necessary information to the relevant issuing authority for such notices to be directed to the Renter during the Agreement period.
9.3 The Renter has the right to challenge, complain about, query or object to the alleged offence to the issuing enforcement authority and has a right to seek a court hearing. The Renter shall notify the Owner of any documents or decisions of competent bodies that were issued during the term of the Rental Agreement in respect to offences committed with the use of the rented vehicle.
9.4 The Owner may also charge an administration fee to cover the cost of processing and sending the notices related to traffic and/or parking infringements.
X. CANCELLATION OF AGREEMENT
10.1 The Owner has the right to terminate the Agreement and take immediate possession of the vehicle if the Renter fails to comply with any of the terms and conditions of the Rental Agreement, or if the vehicle is damaged.
10.2 The termination of a Rental Agreement in accordance with clause 10.1 shall be without prejudice to the other rights of the Owner and the rights of the Renter under the Rental Agreement or otherwise.
11.1 Vehicle reservation shall be considered valid upon receipt on the Owner’s account of the amount corresponding to the reservation.
11.2 Cancellation or change of reservation may be made by phone or email.
11.3 Cancellations shall be charged as follows:
(a) if received at least 72 hours prior to reservation date, cancellation is accepted at no charge;
(b) if received within 48 to 72 hours prior, the Renter is charged 20% of the reservation amount;
(c) if received within 24 to 48 hours prior, the Renter is charged 50% of the reservation amount;
(d) if received less than 24 hours prior, the Renter is charged the equivalent of the entire reservation.
XII. CONFIDENTIALITY (Non-disclosure agreement)
12.1 The term of confidential information includes without limitation any information, regardless of its form, but if written or electronic was clearly designated by either party as confidential; and if verbal communication, is identified at the time of disclosure as confidential, including confidential information disclosed by either party to the other prior to the signing date of this Contract.
12.2 Identity information on the Renter are required by the Owner, in order to enable the latter to assess the Renter’s request to rent a car.
12.3 The Renter is not obliged to provide this information, but in this case, the Owner has the right not to conclude the lease contract.
12.4 Online payments are made through a provider of payment services. When online payments are initiated, the Renter is transferred from the Owner’s website to the website of the provider of payment services.
12.5 Confidentiality of information on bank accounts and their holders is assured by security systems applied by the bank or by PayPal.
12.6 The Owner do not store or process any data related to bank cards and accounts of the Renter.
12.7 The Owner undertakes to process personal data of the Renter exclusively for the purposes of vehicle rental and related services to customers, including direct marketing and assessing customers’ satisfaction with products and services offered by the Owner. The Renter has the right to unsubscribe from these services after the expiry of the contract, which obliges the Owner to delete any personal data related to the Renter, collected by the Owner, at the expiry of the contract.