1. The Rental Agreement
TOURING RENT AUTO SRL, as an exclusive licensee of ENTERPRISE RENT A CAR for Romania, hereinafter referred to as “Service Provider” or “Enterprise”, rents without driver to the Holder of the Rental Agreement, signatory, the object of the Agreement – the “Car”/”Vehicle”, as hereinafter briefly referred to (including the accessories and equipment described in the Agreement, as well as any other vehicle that replaces the initial car), in accordance with the following Terms and Conditions, as well as with the text in the Rental Agreement, which the Holder of the Rental Agreement accepts entirely.
In case the car booking was made by an intermediary (e.g. site booking, travel agency or a company), the Holder of the Rental Agreement is Rental Agreement`s signatory, who directly and explicitly assumes the rental conditions.
The Rental Agreement includes the following contract documents:
• the Rental Agreement, the evaluation fiches (reports) regarding the condition of the Car upon delivery/return, the Rental Terms and Conditions in this document,
• the privacy policy terms.
The Rental Terms and Conditions in this document are also available at the vehicle pick-up points (printed upon request). They can be communicated to the Holder of the Rental Agreement via a link to the email address indicated by her/him at the time of booking or of signing the Rental Agreement.
By signing the Car Rental Agreement, the Rental Terms and Conditions published on the website www.enterprise.ro become an integral part of it.
The responsibility for using the Car as a good owner and for returning it in the same condition as it was delivered rests with the Holder of the Rental Agreement, except the normal wear and tear.
The Rental Agreement shall be signed by the Holder of the Rental Agreement, electronically or on paper. The electronic signature produces the same legal effects as the holographic signature on paper. The data related to the electronic signature and the documents signed in this way shall be stored securely, to be used only for the purpose of processing them in order to provide the rental services.
IMPORTANT! All vehicles in the Alamo/Enterprise/National fleet have: compulsory third party liability insurance policy (RCA) and a vignette for using the national roads. Additional insurance and/or protection services may be contracted separately. Payment of any other mandatory fees or rates (e.g. Fetesti-Cernavoda bridge crossing fee, parking fees) is the responsibility of the Holder of the Rental Agreement. In addition to an unpaid fee/rate and/or fine applied by the relevant authorities, the Service Provider will charge an administrative fee of 11.9 Euro. Smoking in cars is forbidden. You are responsible for paying a fee (penalty) of 119 Euro if the Car is returned with residues and/or a specific smell of tobacco. Transport of pets in the Car is allowed, free of charge, only if they are put in special transport cages. However, the Holder of the Rental Agreement is responsible for any visible damage to the Car upholstery/interior and/or costs of professional cleaning, incurred as a result of transporting animals.
Definitions: the following words will have the meaning indicated below
Traffic accident: An event that cumulatively meets the following conditions: (i) occurred on a road open to the traffic on public roads or originated from such a place; (ii) resulted in death, injury of one or more persons or damage to at least one vehicle or other material damages; (iii) at least one moving vehicle was involved in the event (legal definition according to Art. 75 of the Traffic Code, G.E.O. 195/2002).
Other circumstances: any other case in which a vehicle is damaged (e.g. animal hit, impact of foreign bodies, weather phenomena, vandalism, etc.), except the force majeure cases.
Rental Agent: any of the Enterprise employees who have duties related to the signing of vehicle rental agreements, to the delivery and collection of the rented vehicles, or to the assessment of their condition.
Fines: any amount to be paid as a result of finding that a contravention was committed during the rental period, according to the payment notices received by Enterprise from the relevant authorities.
Traffic assistance: during the rental period, the Holder of the Rental Agreement can communicate with Enterprise at the number + 40 722 397 855 (information, contact, claim) available 24/7, regarding events described in the Agreement documents, about which Enterprise should be informed. For any notification after the return of the Car, the contact address is customerservice@enterprise.ro.
Contraventions: violation of traffic rules as well as any other case of non-compliance with the legal obligations regarding the stopping, parking and driving of a vehicle and/or payment of mandatory fees or rates during the rental period (road tolls, bridge crossing, stopping fees, parking fees, fees for using public roads outside Romania, etc.)
Driving/relocating the Car outside Romanian borders: Driving/relocating the Car outside the borders of Romania is not allowed without written authorization from Enterprise in physical form or sent in electronic form and payment of the corresponding additional fees.
Young/beginner/senior driver: access to certain groups of vehicles is restricted or supplements are charged, depending on the driver’s experience and age.
Optional equipment: provided on request, subject to availability and payment of the corresponding rates (point 1.6.b.).
Info COVID-19: Safety of customers and staff is of major importance to us. Enterprise website has information regarding the specific safety measures for customers and employees, and information regarding the occurrence of such a case during the rental period can be sent to the address reservation@enterprise.ro.
Additional driver(s): on the condition of providing the documents requested in accordance with point 1.1. below and paying the corresponding fee (20 Euro/driver + VAT), a maximum number of 2 additional drivers may be added to the Rental Agreement.
Taking over of the Car: the case in which the Holder of the Rental Agreement is not present at the checking of the condition of the Car, and the Rental Agent checks and inspects the Car in her/his absence, for any reason.
Financial liability: all damages attributable to the Holder of the Rental Agreement, if the Car (including accessories and equipment) is not returned in the same condition as it was delivered (except normal wear and tear), especially those suffered by the Car, up to the limit of the market value of the Car, to which the costs related to the transport and immobilization of the Car and/or loss of use, as well as any other fee, rate, penalty and/or compensation, including traffic fines/parking fees/special fees for using roads and bridges mentioned in the Agreement may be added, as the case may be.
Returning of the Car: the case in which the Holder of the Rental Agreement is present and participates in the checking of the condition of the Car in the presence of a Rental Agent.
Additional protection services: they reduce the financial liability of the Holder of Rental Agreement for damages caused to the Car in specific cases (traffic accident, theft, damage to glass elements) up to the established excess of damage.
Administrative fees: fees charged by Enterprise, representing the cost of administrative procedures related to the sending of information to the relevant authorities and/or payment, as the case may be, of the fines applied for contraventions during the rental period.
VAT: the rates, fees and/or supplements indicated in the specific local conditions, booking form and/or in the Rental Agreement include the value added tax, applicable according to the law. The standard rate of VAT is 19%.
Third party: a person who does not appear as a party to the Rental Agreement, either directly or by representative, and for whom the Agreement does not have effects. The Driver of the Car is not regarded as a third party.
Reasonable use: Enterprise services and rates presuppose a correct, prudent and reasonable use of the rented vehicles and accessories. We reserve the right to refuse to rent vehicles to customers who, in previous contracts, exceeded a number of kilometers regarded as acceptable (5,000 km/month or 800 km/weekend or 250 km/day) and/or who returned the vehicle in a state of wear that exceeds the limits of reasonable use or who had an unacceptable behavior or have overdue payments.
1.1. Conditions for renting and driving a Car (Agreement Holder and additional drivers)
To rent a Car, the Rental Agent will request the following documents in original and will verify the cumulative fulfillment of the following conditions, even in case of prior booking:
• identity document (identity card or passport). The driver should not be aged below 21 years;
• eligible bank card;
• driver’s license valid for minimum 1 year on the rental day and that expires later than or on the estimated date of return of the Car;
Driver’s license valid on the rental day means:
IMPORTANT! It is not accepted: copy of the driver’s license, replacement proof for a driver’s license for which the right of driving expired or the driver’s license expired. Check before going to the rental office if in your case an international driver’s license is mandatory to drive in Romania, also by asking questions to our booking department:
• Enterprise accepts the bank card provided by the Holder of the Rental Agreement, and it has the necessary funds available;
Eligible bank card. Deposit/Pre-authorization: the bank card accepted by Enterprise and that has the necessary funds available for pre-authorization/establishment of a deposit to cover the liability in case of theft or accident, as well as the equivalent of a full tank of fuel. If advance payments were made, they will be taken into account.
IMPORTANT! In case the amounts owed for any reason as a result of implementing the Rental Agreement (including fines, imputable damages, penalties, administrative fees) are higher than the guaranteed value, subject to compliance with the legal and Agreement provisions, you authorize us to withdraw the corresponding amounts from the eligible cards.
The Rental Agent will refuse the rental and Enterprise has the right to withhold the estimated cost of the rental or to charge no-show fees in case of absence or invalidity of any of the documents mentioned above at point 1.1., as well as in the absence of the necessary funds on the accepted card, such cases being assimilated to the case of no-show or culpable cancellation of a booking.
The Holder of the Rental Agreement shall make sure that each additional driver mentioned in the Rental Agreement, as well as each passenger transported in the car, complies with the Rental Terms and Conditions.
IMPORTANT! Only the Holder of the Rental Agreement and the additional drivers indicated in the Rental Agreement are authorized to drive the Car. If it is found that you allowed an unauthorized person to drive the Car by, you will pay a penalty equal to the fee due for an additional driver for the entire rental period, plus any applicable supplements based on the criteria of age and driving experience. In case of damages caused to the Car and/or damage caused to a third party by an unauthorized driver, then the additional insurance and protection services potentially requested are inapplicable. Financial liability will be assumed for all imputable damages, as well as the damage possibly caused to a third party.
1.2. Taking over of the Car
1.2.a. Before signing the Rental Agreement: Take your time to read the Rental Agreement including the Rental Terms and Conditions (conditions for services provision). Make sure that you understand the applicable costs, the particularities of the guarantees, the additional insurance and protection services included or not in the rental cost, the obligations that you have during the rental period, the cases and limits of financial liability. If you have any doubts about the Rental Terms and Conditions, you may request clarifications and explanations from the Rental Agents before signing the Agreement. Do not hesitate to ask questions to the Rental Agents regarding the current promotional offers, especially regarding additional costs or services.
Important issues to check:
• methods of charging fuel costs when the Car is returned without being filled up or when the Prepaid Fuel (PPF) option is applicable;
• the value charged for the damages caused to the Car, the replacement value for Car’s accessories (including keys and documents) and optional equipment.
1.2.b. Condition of the Car: When taking over the Car, check if the condition of the car corresponds to that described in the rental documents. If you find visible damage or any other damage that was not mentioned in the Rental Agreement or in the Handover Protocol, you have the right to ask the Rental Agent to rectify the information regarding the condition of the Car. Otherwise, all subsequent claims regarding visible damage and/or damages will be rejected as ungrounded.
Important issues to check:
• the number of kilometers and the fuel level displayed on the dashboard, compared to the information specified in the rental documents. In case of inconsistencies, you have the right to ask the Rental Agent to rectify the Rental Agreement.
• the registration certificate and the RCA insurance policy are in the vehicle, and the safety kit in the trunk is complete (two warning triangles, a fire extinguisher, a first aid kit). If you notice their absence, ask the Rental Agent to provide you with the missing items.
Driving/relocating the Car outside the borders of Romania is not allowed without written authorization from Enterprise and payment of the corresponding fee. The cars can only be used on the territory of the following European countries: Austria, Belgium, Bulgaria, Croatia*, Czech Republic, France*, Germany, Greece*, Hungary, Italy*, Luxembourg, Netherlands, Poland, Slovakia, Slovenia (*only the continental part, the crossing to the islands being forbidden).
Border crossing fee: if you intend to travel outside the territory of Romania, an additional fee shall be paid in a fixed amount between 59.5 Euro and 154.7 Euro, depending on the available car group and the declared countries.
IMPORTANT! If we find that you failed to meet the conditions regarding the territorial validity of the rental, you shall pay a penalty equal to the maximum applicable border crossing fee (154.7 Euro). In case of damage to the Car and/or damage caused to a third party outside the territory of Romania or the territory authorized according to the express approval of Enterprise, the additional insurance and protection services potentially requested are inapplicable. Financial liability shall be assumed for all imputable damages as well as for the damage possibly caused to a third party.
1.3.a. Driving of the Car: You undertake to take care of the Car and use it normally and prudently, in compliance with the traffic laws of the country in which you are driving, for legal purposes. You undertake to supply the correct fuel, to lock the Car when you do not use it, to comply with all safety instructions, to notify us immediately about any event when you are obliged to inform us, and to comply with the instructions received at the time of taking over the Car.
Abnormal use of the Car: any illegal, dangerous conduct or serious negligence during the rental of the Car. The following cases are regarded as abnormal use of the Car: incorrect fueling, damage to the clutch due to incorrect operation, continued use of the Car despite the alarms or breakdown signals appearing on the dashboard; driving of the Car by any person who was not mentioned in the Rental Agreement and/or by a person mentioned in the Agreement for whom a measure of suspension, cancellation or withholding of license was taken after the date of renting the Car; leaving of the territory of Romania without the written consent of Enterprise; ignoring of the road signs and light and/or acoustic signals for railway level crossings; use of the vehicle by a person who is under the influence of alcoholic beverages, narcotic products or substances or drugs with similar effects, or who evaded or refused the collection of biological or toxicological samples or left the scene of an accident, in cases when this is not allowed by the legal regulations; careless, imprudent driving or at excessive speeds, infringement of traffic rules, especially those related to running a red light, failure to observe the Stop/Give way indicator or the railway level crossing indicator, traffic in the opposite direction or on road sections marked one-way, from the opposite direction, use of a mobile phone or other device while driving that can divert driver’s attention (except for hands-free devices), failure to observe Ambulance and Police signals; use of the Car in areas or on roads that are not part of the public road network, on undeveloped roads, on road sections or in areas prohibited for vehicle traffic, on roads with a high risk of damaging the Car or as a result of entering areas with gauge and tonnage restriction; use of the Car in riverbeds or in flooded or water-covered areas (on or off road) without following manufacturer’s instructions regarding the use in such environment; mounting of equipment on the outside of the Car, which can damage it (for example: roof rack, bike racks, stickers, etc.); use of the Car for purposes other than those established by the manufacturer or by the traffic or civil legislation in force; use of the Car to transport flammable, explosive, corrosive, oxidizing, toxic, radioactive, harmful, dangerous or illegal materials; pushing or towing trailers or other vehicles; use of the Car for any type of races or competitions (including training), rallies, speed and endurance tests, including those that are not part of an official program; selling, removing or replacing some parts of the car or of the additional equipment, as well as allowing other people to carry out such actions; use of the Car as a taxi, for driving school or sub-rental; voluntary destruction or degradation of the Car; use of the Car by a person who commits, at the time of a traffic event, a crime with intent or tries to evade prosecution after committing such an act.
IMPORTANT! The above examples are not exhaustive. Any illegal, dangerous conduct or serious negligence during the rental of the Car will be regarded as a breach of the Agreement and the additional insurance and/or protection services potentially requested become inapplicable. Financial liability shall be assumed for all imputable damages as well as for the damage possibly caused to a third party.
1.3.b. Safety. During the rental period, the Holder of the Rental Agreement undertakes to: (i) comply with the safety conditions established by the manufacturer, in particular the maximum specific capacity of each vehicle with regard to the number of occupants and/or the weight of luggage or transported goods (“working load”). (ii) check the condition of the Car (coolant level, engine oil level after more than 1000 km traveled, tire pressure). (iii) observe any signal issued by the car dashboard witnesses and take the necessary measures, if necessary (especially the emergency stop). (iv) immediately notify the Traffic Assistance service regarding the signals on the car dashboard or for any breakdown/technical breakdown and follow the instructions received. When the Car is stopped, lock the vehicle and store all personal belongings in the trunk. Loss and/or theft of the goods left in the Car is not covered by any additional protection product. (v) make sure to have the keys and documents of the Car at all times. Loss and/or theft of car keys and documents is not covered by any additional protection product. Theft of keys and/or documents together with the Car is exclusion as concerns the additional protection service for theft of vehicle (TP).
IMPORTANT! Failure to comply with the safety conditions during the rental of the Car will be regarded as a breach of the Agreement and the additional insurance and/or protection services potentially requested become inapplicable. Financial liability shall be assumed to cover all imputable damages as well as for the damage possibly caused to a third party.
1.3.c. In case of technical fault: In case of a technical fault that requires immediate or quick intervention, before carrying out any repair (including the case of tires), the Holder of the Rental Agreement has the obligation to contact the Non-stop Assistance at the number: +40722397855.
1.3.d. In case of traffic accident or other circumstances that caused damages to the Car: In case of traffic accident or other circumstances (point 1.- Definitions), the Holder of the Rental Agreement has the following obligations: (i) to immediately inform the Non-stop Assistance at the number: +40722397855; (ii) to report, within 24 hours after the time of the traffic accident or the time of establishing any other circumstance that caused damage to the Car, to the Police Station having jurisdiction in the area where the event took place, in order to prepare the fact-finding documents. (iii) to obtain all the necessary documents before returning the Car (also if the Car had a breakdown while being driven by an additional driver or by an unauthorized driver). If the damage to the Car is caused by a traffic accident with an unknown culprit or in other circumstances (animal hit, impact of foreign bodies, weather phenomena, vandalism, etc.): the Repair Report and/or Authorization issued by the Police (original). If the damage to the Car is caused by a traffic accident with a known culprit: the Repair Report and Authorization issued by the Police (original) and copies of the following documents of the accountable driver: RCA, Registration Certificate, identity card, driver’s license. In case of an amicable agreement (when 2 cars were involved in the accident, no bodily injuries or deaths resulted and both drivers agree and opt for this form of fact-finding): fill in correctly and entirely the Amicable Accident Report form (an original copy is kept) and together with the other driver involved, go to the nearest insurer’s office to establish the facts and obtain the Repair Authorization issued by the insurer of one of the two involved vehicles, together with all necessary documents, i.e. copies of the following documents of the accountable driver: RCA, Registration Certificate, identity card, driver’s license; (iv) submit the required documents to Enterprise as soon as possible, but no later than the return of the Car (also when the Car had a breakdown while being driven by an additional driver or by an unauthorized driver). (v) reply to any Enterprise request and provide any required documents or statements within 14 days, if they were not provided when the Car was returned, are incomplete or incorrect, if such omission or error prevents or delays repairing and/or use for commercial purpose of the Car. Otherwise, we reserve the right to hold you responsible also for other damages caused, including the missing benefit.
IMPORTANT! In case of Car breakdowns that require immediate or quick intervention, before carrying out any repair (including the case of tires), contact the Non-stop Assistance number at: +40722397855.
Do not repair the Car and do not allow anyone else to do so unless Enterprise consents. If you allow repairs to be carried out without the consent of Enterprise, you will have to pay for this and you will lose the protection offered by potentially requested additional protection products or insurance. In case of Car breakdowns that do not require immediate repair, regardless of their cause, you must immediately inform the Enterprise rental office.
In case of traffic accident, do not assume the responsibility of its occurrence towards any third party, otherwise recovering and reimbursing the costs collected up to the maximum of the contract liability will be difficult. If possible, register the names and addresses of all persons involved, including witnesses and passengers. If the Car is no longer safe in traffic, you undertake to keep it safe as is and to contact Enterprise Assistance to take it over.
In all cases, the Holder of the Rental Agreement or the additional driver shall fully and correctly fill in the internal Car Driver Statement form regarding the circumstances in which the damage or breakdown of the Car occurred, and send it to Enterprise within maximum 48 hours after the occurrence of the event. In all cases, the Holder of the Rental Agreement shall obtain and hand over all the required documents, according to Enterprise’s instructions or requests. Otherwise, the additional insurance and protection services potentially requested are inapplicable. Financial liability shall be assumed for all imputable damages in order to cover the damage caused to the service provider, as well as the damage possibly caused to a third party.
1.3.e. In case of theft:
In case of theft/attempted theft of the Car, its parts, key and/or documents, you have the following obligations: (i) to inform Enterprise Assistance as soon as possible at: +40722397855. (ii) report within 4 hours from the moment you became aware of the theft or attempted theft to the Police Station having the jurisdiction in the locality where the event took place, file a complaint for theft/attempted theft and file a full statement regarding the circumstances of the occurrence of the event, as well as the complete list of the goods stolen with the Car (including keys or documents, if they were stolen with the Car or in other circumstances), the list of missing equipment or components (if the theft only concerned components of the Car) or, as the case may be, of equipment or components destroyed/damaged as a result of an attempted theft of the Car; (iii) submit the report on filing the complaint, the Car key and its documents, within maximum 48 hours, to the nearest Enterprise rental office.
IMPORTANT! Theft or loss of the Car key and/or documents is not covered by any additional protection service. Theft of the Car key and/or documents together with it is an exclusion from the additional protection service in case of car theft. In all cases, the Holder of the Rental Agreement shall obtain and hand over all the required documents, according to Enterprise’s instructions or requests. Otherwise, the complementary additional insurance and protection services potentially requested are inapplicable. Financial liability shall be assumed for all imputable damages in order to cover the damage caused to the service provider, as well as the damage possibly caused to a third party
1.3.f. Contraventions. Fines. Administrative fees: In accordance with the laws in force, the Holder of the Rental Agreement is responsible for any contravention committed with the car during the rental period, including all financial consequences. Therefore, personal data may be made available to the relevant authorities, upon request. The Holder of the Rental Agreement shall comply with the rules regarding the traffic on public roads, pay parking fees, pay the Fetesti – Cernavoda bridge crossing fee or any road, crossing and/or parking fees applicable at the time of travel.
In certain cases, following the request of the relevant authorities and in accordance with the law, for non-compliance with the traffic rules (most frequently, exceeding of legal speed or forbidden stopping) Enterprise communicates the data of the Holder of the Rental Agreement so that a report of contravention be drawn up and a sanction or a fine be applied. In all such cases, Enterprise will charge an administrative fee of 11.9 Euro for each contravention. In all other cases, namely in case of non-payment of any other amounts owed by the Holder of the Rental Agreement according to the laws in force, both on the territory of Romania and in other countries, such as road tolls, bridge tolls, parking fees for airport parking or special areas with a limited parking duration, fines for traffic violations detected and/or proven by technical devices (cases of objective liability of the legal owner of the vehicle regarding the payment), as well as when transmission of personal data to the relevant authority that applied the fine is not mandatory/not allowed according to the law, Enterprise will invoice the customer for the actual value of the fine plus an administrative fee of 11.9 Euro/fine.
IMPORTANT! You will be notified within a period of up to 12 months after the return of the Car/closing of the Agreement about any act sent to Enterprise by a relevant authority that issued it with the aim to apply a sanction and/or levy a fine for contraventions during your rental period. If you want to appeal that fine or sanction, you shall communicate directly with the issuing authority to obtain cancellation, reimbursement or compensation. Unfortunately, we cannot help you with your dispute. The Holder of the Rental Agreement agrees that the administrative fees and the fines will be collected by Enterprise from the eligible card used for signing the Agreement, any time within 12 months after the return of the Car/closing of the Agreement, together with the notification sent by e-mail regarding the contraventions during the rental period and the related invoice. In case of payment refusal or charge back on the eligible card and unless you made the appropriate payments by another payment method within 30 days from the date of the invoice, we charge a penal interest equal to the reference interest rate of the National Bank of Romania plus 4 percentage points, according to G.O. 13/2011, and we will initiate all legal steps in order to recover the amounts owed by you, by any means allowed by the law. In such case, you understand that you will also be responsible for covering any other costs related to the recovery of the amount (stamp duties, legal fees, enforcement costs).
1.4.Returning of the Car: The Car, its keys and documents must be returned to Enterprise on the date, at the time and in the location of return established by the Rental Agreement. The Holder of the Rental Agreement shall always wait until the Rental Agent signs the return protocol. If the Holder of the Rental Agreement does not wait or refuses, for any reason, collection of the Car by the Rental Agent and signing of the return protocol, Enterprise has the right to retain the entire excess of damage from the Holder of the Rental Agreement and claim full coverage for all resulting damages. At the end of the rental period, Enterprise allows an additional period of 59 free minutes, afterwards the Holder of the Rental Agreement will be charged at least one rental day. In case of objective impossibility to return the Car at the set date, time and location (also in case of self-quarantine/mandatory quarantine as a result of positive testing for COVID 19), please contact the Rental Agent or write to reservation@enteprise.ro as soon as possible. Otherwise, you may be subject to prosecution for breach of trust or theft. Enterprise will file a criminal complaint for theft, in the absence of any communication from you, when the deadline of 6 hours from the date and time set in the Rental Agreement for returning the Car expires. Please make sure that the rented Car is parked in a safe, organized place, where fines will not be applied. The Rental Agreement remains open and you owe additional rental costs until the vehicle is returned to one of the rental points. If you choose to have the Car picked up by an Alamo/Enterprise/National Romania representative, pick-up fees will apply for the localities with no Enterprise rental office. If you want to extend the rental period, you shall contact Enterprise 24 hours before the initially set returning time, obtain the rental extension acceptance and provide the necessary funds to pay the additional amounts generated by the Agreement extension. In case the Car is excessively dirty on the outside, thus preventing identification of potential damages produced during the rental, Enterprise reserves the right not to process the closing of the Rental Agreement. The closing of the Agreement will be processed after the Car is washed and checked, with the actual time of returning the Car to Enterprise. In all cases of exceeding the date and time mentioned in the Agreement, you owe the value of the rental, including additional rental costs, expenses related to late return and potential expenses related to the damage of the Car until the time of return to Enterprise. If you return the Car after the working hours of the rental office and put the Car keys in the mailbox (key box) of the rental office, you remain liable and owe the rental value and the counter-value of the damages attributable to you (especially those suffered by the Car) until the rental office reopens and the Car is checked by an Enterprise employee. If Enterprise agrees for you to return the Car to a different Enterprise location than the one mentioned in the Agreement, you shall cover the applicable relocation fees. If Enterprise agrees to come to pick up the vehicle from a location other than the returning location set by Agreement, you are liable and you owe the rental value and potential expenses related to the damage of the Car until it is picked up by Enterprise, as well as the relocation fees (point 1.4.a). In all other cases in which the Car, for any reason, is not returned according to the provisions of the Rental Agreement, you also owe all costs related to its parking in a paid public parking lot and/or any other fees or fines due for parking (abandoning) the vehicle in forbidden areas, until the vehicle is picked up by Enterprise representatives, plus all expenses related to the travel of the Rental Agent from the nearest Enterprise location and potential expenses related to the identification of the location of the vehicle, as well as an administrative fee of 25 Euro.
1.4.a. Returning the Car to another rental office: You may opt for Returning the Car to a different rental office than the delivery one, depending on the availability for relocation of the requested car. Obtain information in this regard from the Rental Agent at the time of booking. This additional option shall be set at the beginning of the rental and indicated in the Rental Agreement. If your rental rate does not include this option, the following relocation fees apply:
• In Romania, between the towns with Enterprise rental offices, the relocation fee is between 0 and 500 Euro, according to the valid offers and applicable rates at the time of the request, depending on the location and the specific period of the rental.
• Outside Romania, in the towns with partner Enterprise offices, the relocation fee is between 600 Euro and 5000 Euro.
1.4.b. Personal items left in the Car: Although we thoroughly check the Car upon return, we do not take any responsibility for forgotten/left items. If we find lost personal items, they will be picked up and inventoried by the Rental Agent at the return office. You may collect them in person or you may request, in writing, to be delivered to the indicated address. In the latter case, you shall pay in advance the value of delivery services through the Enterprise partner courier company or the national post office. All personal items found and unclaimed within a period of 3 (three) months will be destroyed.
1.4.c Fuel: Enterprise will make available to you a Car with a full fuel tank. When picking up the vehicle, you may choose the Prepaid Fuel option. Thus, when picking up the Car, you buy a full tank of fuel calculated at the price indicated in the Enterprise rental offices and you don’t have to worry about finding a refueling station when you return the Car. If you did not choose the Prepaid Fuel option and did not fill up before returning the Car, Enterprise has the right to charge the full value of the fuel supply from the card of the Holder of the Rental Agreement, plus a 30 Euro service fee.
1.4.d. Checking of Car condition: The Holder of the Rental Agreement has the obligation to check the condition of the Car together with the Rental Agent upon returning the rented Car, and compare it with the one mentioned in the handover report.
If the condition of the Car (including equipment or accessories) at the time of return differs from that at the time of delivery, Enterprise will invoice the damages/breakdowns or deficiencies found (except minor damages) within the limit of the applicable maximum financial liability (depending on the additional protection services potentially requested upon taking over the Car). Enterprise calculates the replacement or repair costs based on the damage cost matrix, according to the available values, which can be provided at the rental office. In other cases (e.g.: the value of damages is significant and cannot be calculated based on the damage cost matrix), Enterprise calls on authorized experts/repairmen to prepare a payment estimate. Enterprise charges a fee of 50 Euro/damage file representing the cost of administrative procedures.
IMPORTANT! If you refuse to participate in the checking, decide not to perform this checking together with the Rental Agent at the time of returning the Car or if, for any other reason, you do not join the checking performed by a Rental Agent upon return of the vehicle, then you entrust Enterprise with the task of carrying it out and accept the findings made and the billing of the corresponding damages, if applicable.
1.5. Imputable damages
Imputable damages: they are mainly costs of repairing or replacing parts, equipment and accessories of the Car, within the limit of the market value of the Car, to which costs related to transport and immobilization, loss of use, administrative costs may be added, as the case may be, as well as any other direct and foreseeable losses registered by the service provider as a result of the breakdown and/or damage to the Car, until Enterprise picks up the Car. In order to calculate and charge the damages, as the case may be, namely the cost of repairing and/or replacing parts/equipment or accessories, Enterprise uses a damage cost matrix that is prepared and periodically updated based on the following indicators: average repair cost for the group of the rented Car (taking into account different brands and models in that group); labor hours required to repair the Car; average cost of labor hours from accredited repair partners; price of the original parts that have to be replaced. The counter-value of the damages established in accordance with the damage cost matrix is owed independently of our decision to repair the vehicle or not. The counter-value of the damages established on the basis of the list of replacement rates for certain accessories or equipment is owed in all cases where they are missing or seriously damaged. In case of significant damages that cannot be calculated according to the assessment matrix, we will contact an expert/authorized repairer in order to identify the damages and evaluate the necessary repair costs.
1.5.a. Objective liability: Your responsibility is objective (regardless of fault, except the cases of force majeure) and you undertake to pay the damages imputable to you as a result of breakdown and/or damage to the Car during the rental period, until the Car is picked up and checked by the Rental Agent. You authorize us to debit the eligible card with the appropriate amounts, within the limit of the maximum financial liability, depending on the additional protection services included in the rate or for which you opted while signing the Rental Agreement.
IMPORTANT: Certain cases are not covered by any additional protection service and Enterprise will charge the entire cost of the damaged or missing parts/equipment/accessories, as well as the related labor cost, according to the Rental Agreement, if:
1.5.b. Invoicing and payment in case of damages: You have the obligation to pay the invoices issued by Enterprise in accordance with the value of the damages found by the Rental Agent at the time of Return/Pick-up of the Car or later if, for any reason, the damages could not be noticed, found and/or assessed at the time of delivery/picking-up of the Car. Non-payment or late payment of the amounts owed according to the invoices issued for imputable damages gives us the right to charge a penal interest equal to the reference interest rate of the National Bank of Romania plus 4 percentage points, according to G.O. 13/2011. Enterprise charges an administrative fee of 50 Euro/damage file. In case of visible damages found when returning/picking up the Car: if their value can be established (penalty and/or cost according to the damage cost matrix), the cost is included in your final invoice. The invoice is issued and usually sent to you immediately or within maximum 72 hours to the e-mail address indicated in the Rental Agreement (if you are not present at the return of the Car). If the damages are significant and cannot be calculated according to the damage matrix, we will contact an expert/authorized repairer in order to identify the damages and evaluate the necessary repair costs and we will send you the invoice accompanied by the verification documents and the estimate, as soon as possible, to the e-mail address indicated in the Rental Agreement (depending on the period required for assessment, yet no more than 60 days). In case of breakdowns and/or damages that could not be noticed and/or assessed at the time of returning/picking up the Car, we will send the detailed invoice, repair estimate/quotation (if applicable) any other necessary documents, accompanied by proofs that the damages occurred during the period in which the Car was entrusted to you, at the e-mail address indicated in the Rental Agreement, within maximum 30 days.
IMPORTANT! Except the case in which, on the date of returning the Car, you accepted and signed the document confirming the breakdowns upon return and the corresponding invoice, for any cost that we will invoice as damages, we will provide you with all the necessary documents: number of the Rental Agreement, date and location of return, report on the condition of the Car upon return, including all breakdowns identified in your presence or absence, photos of the breakdowns and/or other proofs of their existence; necessary explanations when the value of damages is calculated according to the damage cost matrix or based on the list of replacement rates for certain accessories or equipment; assessment/estimate from an expert/authorized repairer and/or repair invoice, in case of damages that could not be assessed according to the damage matrix; driver’s statement, reports, repair authorizations or any official fact-finding document of the Police and/or expert reports in case of traffic accident or other circumstances, photos of the damage, as the case may be; value of the excess, if the damage is covered by an additional protection service or, as the case may be, indication of the reason for exclusion or inapplicability of the protection service; costs related to transport and immobilization, loss of use, administrative costs, as well as any other direct and foreseeable losses registered by the service provider as a result of the breakdown and/or damages of the Car, as the case may be. Based on the invoice and the proofs provided, and only after they were communicated to you at the e-mail address indicated by you in the Rental Agreement (or, in its absence, at the residence or mail address indicated in the Agreement), you authorize us to debit your eligible card with the due amounts.
1.6. Rental cost
1.6.a. Basic rate/rental rate. Estimated cost: The basic rate is the rate for renting a Car (without additional equipment, options or services) due for one rental day (24h), valid in relation to you according to the rates in force on the date of booking, renting or modifying the booking or the rental terms and conditions, as the case may be. The basic rate includes: third party civil liability insurance; a vignette valid on the territory of Romania (it does not cover special bridge fees, where they apply); 24/7 technical assistance for vehicles. Technical assistance includes repairing or transporting the Car and/or providing a replacement Car (depending on availability, exclusively on the territory of Romania) in case of immobilization on a road open to public traffic, as a result of a traffic accident, technical fault or fire. The technical assistance is not included in case of immobilization as a result of the loss of Car keys, locking of the Car with the keys inside, battery discharge as a result of careless use, incorrect fuel supply, damage of the clutch, damage of tires or rims, in case of immobilization caused by the suction of water in the engine, in case of traffic accident caused by your exclusive fault or in case of abnormal use of the Car (point 1.3.a.). Enterprise will replace the Car (subject to availability) if the breakdown/damage is not customer’s fault, within 24 hours, depending on the location where the damage was noticed. If the breakdown/ damage is customer’s fault, a new warranty will be requested for the replacement car. We reserve the right to refuse to provide a replacement car if the immobilization occurred as a result of a proven case of abnormal use of the Car. If Enterprise replaces the damaged Car with another car, the Holder of Agreement has to pay service charges of 100 Euro, to which transport costs for the travel distance between Enterprise’s location and the place where the car is needed, as well as repair costs will add. If the above events occur, the Lessor will have the right to withdraw from Holder’s card the counter-value of damages. The rental rate is calculated for 24-hour intervals, which start from the moment of initiating the processing of the Rental Agreement and end with the processing of the closing of the Rental Agreement. Enterprise accepts a maximum delay of 59 minutes when returning the Car, admitting that this time interval is necessary for picking up and returning the Car. Once this deadline is exceeded, Enterprise will invoice an additional rental day, as well as the expenses related to the chosen options, for each day of delay.
IMPORTANT! The estimated cost of the rental is the amount indicated in the Rental Agreement, calculated by taking into account the rental rates applicable at the time of booking or service request (for rentals without prior booking), in accordance with your options regarding the car group, rental period, rental location, applicable supplements, price of additional equipment and services, additional options, additional insurance and protection services, included in the rate or offered at your express request.
The cost is an “estimate” because it excludes potential costs owed for fuel, as well as any other amounts that may be owed by you as a result of using the Car during the rental period. A confirmed booking indicates the total price of the booking calculated by taking into account the rates and offers valid on the booking channel chosen by you (direct booking, through a travel agency, dedicated websites, corporate-type booking, etc.) Upon delivery of the Car: any changes of the rental conditions mentioned in the booking form or requests for additional services and/or equipment may lead to additional costs. Upon return of the Car: the rental cost may increase with fees, rates, penalties, damages imputable to you as a result of using the Car. Certain costs, fees or rates may be charged by Enterprise after the return of the Car if we find the fact causing the damage and/or the value of the damage was certified after the return of the Car. The rates that include low or zero liability in case of traffic accident or vehicle theft do not include low or zero liability in case of damages not covered by any additional protection product.
1.6.b. Optional equipment and services for cars: For customers` comfort and safety, Enterprise makes available optional equipment and services in exchange for the payment of corresponding rates. Optional equipment: Child seat* – 5.95 Euro/day, maximum 53.55 Euro, GPS unit – 9.52 Euro/day, maximum 95.2 Euro, Anti-skid chains – 17.85 Euro*. In Romania, the children with a height of up to 135 cm may be transported in cars equipped with safety systems for driver and passengers only if they are fixed or secured by using a child seat fastening device, installed in the car. Optional services: Delivery/pick-up of vehicles in Romania. The service is on request and depends on the availability of the staff at the Enterprise rental office and on the payment method. Delivery and pick-up requests should be sent at least 24 hours in advance. The cars are delivered during the working hours from the nearest Enterprise rental office, if at the time of booking you provided proof that you meet the rental conditions. In the towns with Enterprise rental offices, the delivery and pick-up of a car incur a fee of 30 Euro within the town limits. In the towns with no Enterprise offices, the delivery and pick-up of a car incur a cost of 1 Euro/km (minimum 30 Euro) to/from the nearest Enterprise office
1.6.c. Loss/damage of accessories, documents and optional equipment: Safety kit: in case of loss (including theft) or serious damage of the components of the security kit, we apply a fixed fee of 40 Euro to the Rental Agreement.
Optional equipment, Keys, Documents and registration plates: The Holder of the Rental Agreement will be invoiced and will be responsible for paying the replacement value in case of loss (including theft) or serious damage. The replacement values for the optional equipment are available and can be provided at the Enterprise rental office. If the Holder of the Rental Agreement does not return or refuses to provide the necessary documents and/or statements, Enterprise could additionally charge compensation equivalent to the damage registered by Enterprise during the period when the Car could not be used for commercial purposes (until duplicate documents and new registration plates are obtained).
1.6.d Fee for thorough Car cleaning. Enterprise applies an additional fee of 119 Euro if professional cleaning is required upon return/pick-up of the Car.
1.6.e. Fee for smoking. Smoking is forbidden in all vehicles. Enterprise applies an additional fee of 119 Euro if the Car is returned with tobacco odor or residue.
1.6.f. Final cost: Anything that is not expressly included in the estimated rental cost, i.e. any amount not paid by the Holder of the Rental Agreement at the end of the Agreement, namely damages/costs/fees/penalties imputable to you as a result of using the Car during the rental period will be subject to separate billing, in particular: 24/7 technical assistance for the Car, in cases of immobilization that are not covered by the technical assistance included free of charge and expressly in the basic rate; loss or theft of the Car, keys, documents, safety kit, other equipment and accessories, loss and/or damage of the registration plates, imputable damages in case of damage or breakdown of the Car during the rental period, fines (traffic, parking, bridge crossings, etc.) and the administrative fees related to the processing and payment of fines, as the case may be, the fee for smoking, the fee for professional car cleaning, any other fee or penalty expressly provided for and due in cases that lead to the payment of that fee and/or penalty. Any imputable damage, fee or penalty expressed as a fixed value is applied and charged by us according to the Rental Agreement when, in your presence and/or proven by any means, including photographs or witnesses, during the rental or/and on the date of returning the Car, we find a case/situation that results in Financial Liability of an established and fixed amount. Certain costs cannot be established upon the return of the Car, especially those related to significant damages or fines related to the rental of the Car. In the latter case, the Holder of the Rental Agreement will be notified and invoiced as soon as such costs are identified.
2. ADDITIONAL INSURANCE AND PROTECTION SERVICES
Enterprise provides additional insurance and protection services designed to cover specific risks or, as the case may be, to reduce or exclude Financial Liability in case of imputable damages. The additional insurance and protection services are not valid outside the territory of Romania without written authorization from Enterprise and payment of the corresponding fees. The additional insurance and protection services outside Romania are subject to special conditions and rates.
IMPORTANT! Pay attention and make sure you understand what are the covered risks, what are the maximum limits of financial liability in case of a covered risk and what are the exclusion cases. Any additional insurance and/or protection service that is not included in the rental rate is presented and offered only upon request.
2.1. Validity of additional insurance and protection services
Unless expressly specified otherwise, the additional insurance and/or protection services are applicable only in case of damages caused as a result of a traffic accident defined according to the law (point 1.3.d.). In case of non-compliance with the Rental Terms and Conditions, especially as concerns the rental duration, normal and prudent use of the Car (point 1.3.a.), territorial validity (point 1.3.), authorized drivers, procedure in case of accident or theft and the necessary documents (points 1.3.d. and 1.3.e.), the additional insurance and protection services are inapplicable.
2.2. Insurance
2.2.a. Third party civil liability insurance (RCA) is compulsory by law and included in the rental rate. The third party civil liability insurance (RCA) protects you from the financial consequences of bodily injury and/or other material damages that the authorized driver of the Car may cause to third parties as a result of a traffic accident. RCA excludes: bodily injuries suffered by the driver and/or passengers of the Car (especially in case of accident); damages caused to the Car/theft of the Car; damages caused to goods, objects and animals transported in the Car.
2.3. Additional protection services: By using additional protection services, you reduce the amount of the maximum financial liability (called Maximum Liability) applicable in case of damage(s) caused to the Car or in case of theft of the Car up to a maximum value indicated in the Rental Agreement. Without such additional protection services, you are responsible for the damages that are imputable to you within the limit of liability in the absence of additional protection service.
Enterprise offers you the following types of additional protection:
|
Risk |
Proposed coverage |
Abbreviation |
|
Breakdown after a traffic accident |
Reduction of liability down to the maximum amount indicated in the Rental Agreement (franchise) |
Collision Damage Waiver (CDW) |
|
Theft of the Car |
Reduction of liability down to the maximum amount indicated in the Rental Agreement |
Theft Protection Coverage (TPC) |
|
Breakdown after a traffic accident and/or in case of theft of the Car |
Zero liability in case of traffic accident or theft |
Super Cover (SCDW) |
IMPORTANT:
If you buy additional protection products or insurance from an external supplier, you will still have to pay if the Car is damaged or stolen. In this case, the procedure is the following:
– you pay in full to Enterprise the amounts due for the damage or theft of the Car according to the Maximum Liability agreed contractually with Enterprise,
– you submit a claim for compensation to your insurer.
It is your responsibility to make sure that you understand the terms of any coverage/insurance that you purchase from an external provider and for any claim you make. Unfortunately, we cannot help you with your request.
2.3.a. Protection in case of traffic accident (CDW): Collision Damage Waiver.
In case of damage of the Car as a result of a traffic accident, CDW is the reduction of the financial liability of the Holder of the Rental Agreement to the amount of the reduced liability (excess of damage) indicated in the Rental Agreement.
Conditions for using CDW: This additional protection service should be requested at the beginning of the rental period and indicated in the Rental Agreement.
Exclusions: The Holder of the Rental Agreement is responsible for the full payment of the damage up to the full counter-value of the Car, to which potential expenses and costs related to the transport and immobilization of the Car add, as well as other foreseeable losses and/or any damage caused to a third party, if the damage occurred in any of the following circumstances: abnormal use of the Car (point 1.3.a.); the Car was driven at the time of causing the damage by a driver not authorized by Enterprise, the damage occurred after the date and time of returning the Car indicated in the Rental Agreement, the damage occurred in a location outside the territorial validity limits, the damage occurred in other circumstances (other than the traffic accident defined by law); damages of the windshield and glazed surfaces, damages inside the Car, damages of the panoramic roof and rear-view mirrors, as well as under the body of the Car if they are not the result of a traffic accident.
IMPORTANT: In case of breakdown of the Car as a result of a traffic accident, you should proceed according to point 1.3.d. Otherwise, CDW is not applicable.
2.3.b. Theft Protection Coverage (TPC) is the reduction of the amount of maximum financial liability applicable in case of theft of the Car to the value of the excess of damage indicated in the Rental Agreement.
Conditions for using TPC: This additional protection service should be requested at the beginning of the rental period and indicated in the Rental Agreement.
Exclusions: The Holder of the Rental Agreement is responsible for the full payment of the amount representing the maximum financial liability applicable in case of theft of the Car, if s/he fails to submit within maximum 48 hours after the date of finding the theft: the report on filing a complaint with the Police Station, the Car key and documents.
IMPORTANT: In case of theft of the Car, you shall proceed according to point 1.3.e. Otherwise, TPC is not applicable.
2.3. c. Full protection in case of accident or theft of the Car (SCDW-Super Cover), in case of breakdown of the Car as a result of a traffic accident or in case of theft of the Car, it consists in reduction of the financial liability of the Holder of the Rental Agreement.
Conditions for using SCDW: This additional complementary protection service should be requested at the beginning of the rental period and indicated in the Rental Agreement. SCDW can only be provided as a supplement to CDW and TPC.
Exclusions: The exclusion cases and the obligations in case of breakdown or theft mentioned in CDW and TPC are applicable to SCDW. The damages caused to the panoramic roof and rear-view mirrors are covered by SCDW if they are the result of a traffic accident. Cases not covered by any additional protection service can be found at points 1.3.a and 1.5.a.
3. GENERAL CONDITIONS
3.1. Privacy policy and personal data:
Enterprise, which acts as an independent data controller, may use the Personal Data of the Holder of the Rental Agreement (and the personal data of any additional driver) collected in relation with the Rental Agreement or any related contract or service (“Personal Data of the customer”) and disclose them, for the following purposes: *processing of the personal data of the Holder of the Rental Agreement in order to manage the rental and business relationship, to communicate with the Holder of the Rental Agreement about the rental or to assist with it. Enterprise processes Personal Data of the customers for this purpose based on (i) contractual necessities (for example, invoicing) or (ii) its legitimate interests in ensuring the actual delivery of the requested services, when the applicable data protection rights of the Holder of the Rental Agreement – and of any additional authorized driver – do not override such interests. *storing of personal data of the customers relating to any incident arising from Customer’s or additional authorized driver’s transactions with Enterprise, if it estimates that, following such incident, the Holder of the Rental Agreement or an additional authorized driver could pose a risk for future rentals. Enterprise processes Personal Data of the customers for this purpose based on its legitimate interests to protect its employees, other customers, the public and its property against financial or safety risks based on customers’ previous conduct, when the applicable data protection rights of the Holder of the Rental Agreement – and of any additional authorized driver – do not override such interests. *verification of personal information, information regarding the right to drive a car and information regarding the credit (including personal data of the customers) provided by the Holder of the Rental Agreement and by any additional authorized driver through credit agencies, relevant licensing agencies for drivers and vehicles, fraud prevention agencies/databases or other sources. Enterprise processes the personal data of the Holder of the Rental Agreement for this purpose based on its legitimate interests in preventing fraud, when the applicable data protection rights of the Agreement Holder – and any additional authorized driver – do not override such interests; *provision of details about any accidents involving the Holder of the Rental Agreement or any additional authorized driver of the car (including personal data of customers) to the relevant databases of insurance companies. The Lessor processes, for this purpose, the personal data of the customers, when this is necessary in order to establish, exercise or defend legal claims; *provision of personal data of the customers to government agencies that supervise compliance with traffic laws in order to help enforce any traffic regulations during the rental period. The Lessor processes the Personal Data of the customers for this purpose, when this is necessary in order to ensure compliance with the applicable legal obligations; and *provision of personal data of the customers to the motor tax office or authority, debt collection entities, credit agencies and any other relevant organization or authority based on (i) contractual necessity, (ii) compliance with a legal obligation and/or (ii) Enterprise’s legitimate interests in recovering any debt. Enterprise will disclose personal data of the customers to (i) EAN Data Services UK Ltd., (ii) Enterprise Holdings, Inc. and/or any of the relevant subsidiaries (for details see EHI Privacy Policy at https://www.enterprise.co.uk/en/privacy-policy.html) (together “EHI”), all acting as independent data controllers.
Personal Data of the customers will be shared for the following purposes:* processing of the Personal Data of the Holder of the Rental Agreement in order to manage the rental and business relationship, to communicate with the Holder of the Rental Agreement about the rental or to assist with it. EHI processes the Personal Data of the Holder of the Rental Agreement for this purpose based on (i) contractual necessity (e.g. invoicing) or (ii) its legitimate interests in ensuring the actual delivery of the requested services, when the applicable data protection rights of the Holder of the Rental Agreement – and any additional authorized driver – do not override such interests; *storing of personal data of the customers relating to any incident arising from the relations of the Holder of the Rental Agreement or of an additional authorized driver with EHI, if it estimates that, following such an incident, the Holder of the Rental Agreement or an additional authorized driver could pose a risk to future rentals. EHI processes the Personal Data of the Holder of the Rental Agreement for this purpose based on its legitimate interests to protect its employees, other customers, the public and its property against financial or safety risks based on customers’ previous conduct, when the applicable data protection rights of the Holder of the Rental Agreement – and of any additional authorized driver – do not override such interests; *processing of personal data of the customers in order to conduct customer satisfaction surveys over the phone. EHI processes the Personal Data of the Holder of the Rental Agreement for this purpose, based on its legitimate interests to ensure customer satisfaction with the services provided, when the applicable data protection rights of the Holder of the Rental Agreement – and of any additional authorized driver – do not override such interests; *sends marketing communications (for example, by mail or electronic communications) to the Holder of the Rental Agreement about similar products or services that EHI believes may be of interest to the customer. This may include provision of targeted advertising on EHI websites, selected partner websites and social networks. EHI processes the Personal Data of the Holder of the Rental Agreement for this purpose based on its legitimate interests in carrying out such marketing, when the applicable data protection rights of the Agreement Holder – and any additional authorized driver – do not override such interests but, if necessary, the consent of the Holder of the Rental Agreement will be requested in this regard at the time of data collection; and *preparation of statistics and analyses about the Holder of the Rental Agreement – and any additional authorized drivers – regarding the use of EHI products and services, including statistics based on anonymized data, which enable EHI to provide the Holder of the Rental Agreement and other customers with better services, products, features and functionalities in the future. EHI participates in and is responsible for the processing of the personal data received under the EU-US Privacy Shield Framework. For more information on EHI’s compliance with data transfer regulations, or if the Customer has a request related to privacy or data use to which EHI has not replied, please refer to EHI’s Privacy Policy to find out more information about how to contact the independent dispute resolution service provider chosen by EHI.
Both Enterprise and EHI retain customer personal data for commercially reasonable periods or in accordance with specific laws or policies. The information collected for a specific purpose will be used for that purpose only and, after a reasonable period of time, will no longer be actively stored, when that purpose was fulfilled. However, inactive data may continue to be used for statistical, marketing, archiving and other analytical purposes.
The Customer has the right to: (i) access and port her/his personal data (in certain cases, also in a commonly used, machine-readable format); (ii) rectify her/his personal data (when they are inaccurate or incomplete), (iii) have her/his personal data deleted when the Lessor or EHI no longer has legitimate reasons to process them; (iv) restrict her/his personal data; (v) object to the processing of her/his personal data by the Lessor or EHI in certain circumstances; and (vi) file a complaint with the relevant supervisory authority. The Car may be equipped with (i) emergency notification functionality (“eCall System”) and (ii) telematics and infotainment systems (“Telematic Systems”), which are independently controlled by the manufacturer (“OEM”) of the vehicle. The eCall system is provided with the aim to ensure that you and your passengers receive adequate assistance in an emergency. If a vehicle is reported as potentially or actually lost or stolen, we will request access to the necessary Telematics data from the relevant OEM. OEM contact details together with the applicable privacy disclosure policy, which may include system and service limitations, warranty exclusions, limitations of liability, descriptions regarding the use, disclosure and retention of information, your individual rights and any transfer of data outside the European Economic Area can be found on the OEM websites or may be available by means of the vehicle dashboard. When you use any satellite navigation or infotainment system in this Car, you are responsible for any information stored in the system as a result of your use. We cannot guarantee the confidentiality of such information and you should delete it before returning the Car.
3.2. Extension, end and termination of the Rental Agreement: The terms of the extension or early ending of the Rental Agreement can only be established with Enterprise`s consent. The intention to extend the Rental Agreement shall be communicated to Enterprise at least 24 hours before the Agreement expires. If the Holder of the Rental Agreement wishes to extend the Agreement by more than 24 hours, Enterprise reserves the right to recalculate the daily rate depending on the availability of cars and the new requested period.
The Agreement ends ipso jure at the end of the rental period or before the initial contract deadline, by agreement of the Parties or as a result of unilateral termination if one of the Parties fails to perform or improperly performs its essential contract obligations. The termination of the Rental Agreement operates by law, without any intervention of a court, without notice of default or fulfillment of any additional formality from the moment of sending the notice of termination by any of the following means: by phone (SMS or any other form of electronic messaging from and to the contact numbers provided upon entering into the Agreement); electronic mail from and to the email addresses provided upon entering into the Agreement; postal or courier transmissions to the addresses indicated upon entering into the Agreement. If the rate payer is a legal person according to specific conventions, the notice of termination shall be sent both to the Holder of the Rental Agreement and to the legal person. Both in case of early ending and in case of termination of the Rental Agreement, the Holder of the Rental Agreement has the obligation to return the Car within 12 hours from the moment of termination by agreement of the Parties or from the moment of sending the notice of termination.
Otherwise, the Agreement Holder shall be held responsible for all actions, costs, claims and damages derived from Enterprise’s re-entry into possession of the Car. Regardless of the time or reason for termination of the Agreement, you are liable to Enterprise for all imputable damages and financial consequences related to the use of the Car during the rental period.
In case of early return of the Car, Enterprise reserves the right to recalculate the rental rate for the period used or to retain the entire rental value.
If the termination occurs as a result of non-compliance by Enterprise with an essential obligation, Enterprise’s liability is limited to the value of the estimated rental cost.
3.3 Litigations: Any dispute arising from the Rental Agreement and that could not be resolved by agreement of the Parties or as a result of a resolution issued by a conciliatory body shall be resolved by the relevant courts in Bucharest, where the head office of the Service Provider is located. Based on the signed Rental Agreement and the issued invoices, Enterprise will initiate a legal procedure in order to obtain an enforceable title, by using the simplified procedures regarding the payment order or, as the case may be, the procedures of common law, or may entrust to legal entities specializing in debt recovery the legal seizure, collection and, if applicable, foreclosure of the owed amounts. In all cases, you will also be responsible for bearing any other related costs in order to recover the debt (stamp duties, legal fees, collection costs).
3.4. Contract liability: The Holder of the Rental Agreement ensures the legal protection of the Car and, subject to the express contract clauses/insurance/additional protection services regarding the limitation or exemption from Financial Liability, her/his liability is assumed in all cases except for force majeure cases. The Holder of the Rental Agreement is responsible for the exact compliance with all her/his contract obligations, as well as for the payment of all invoices issued according to the Agreement, and authorizes Enterprise to retain, track and collect any amounts owed according to the issued invoices from the eligible card used upon signing the Rental Agreement, unless the owed amounts were paid by using another payment method. In case of non-payment/late payment, unjustified refusal to pay, lack or withdrawal of the necessary funds from the eligible card, for the payment of the invoices issued according to the Agreement, the Holder of the Rental Agreement owes late penalties equal to the B.N.R reference interest rate plus four percentage points, until the owed amount is fully recovered. The Holder of the Rental Agreement understands that, even if the payer of the Agreement is a legal entity, her/his responsibility is personal in terms of compliance with the Rental Terms and Conditions, and joint and several in terms of any payment obligation according to the Rental Agreement. In this case, Enterprise may, at its choice, proceed with the legal seizure and collection of any amounts owed by the Holder of the Rental Agreement and/or by the legal entity.
3.5. Miscellaneous: a) The rented Car always remains the property of Enterprise. This is exclusively a rental agreement. The Holder of the Rental Agreement is not, under any circumstances, an agent of Enterprise. b) During the rental period, the additional drivers are jointly and severally liable with the Holder of the Rental Agreement. c) Also, if this Agreement is signed by a representative of the Agreement Holder, s/he shall be jointly and severally liable with the Holder of the Rental Agreement. d) This Agreement annuls any other prior written or oral agreement signed between the company and the Holder of the Rental Agreement. Enterprise cannot waive any of the rights stipulated by law and this Agreement. f) Any modification of the terms of this Agreement is valid only if it is approved in writing by the Parties. g) The Holder of the Rental Contract agrees that the above terms are applicable to the Agreement signed with Enterprise also in case of extending the rental period and/or replacing the Car. i) In case of discrepancies between the original Agreement and its copies, the original held by the Service Provider shall prevail. j) The Contract Parties confirm and accept that the Terms and Conditions of this document are fundamental for its purpose.
