Motion Rent A Car

Rental conditions

Company:

S.C. AUTOWORLD S.R.L., with registered office in CLUJ-NAPOCA, Calea Florești, Nr. 145, Commercial Register number J12/3388/1991, Unique Registration Code RO225615, account no. R028 BACX 0000 0004 3002 0310 opened at Unicredit Bank Cluj-Napoca, phone:0738764546, email: motion@autoworld.ro

GENERAL RENTAL CONDITIONS

The use of the website www.motionrentacar.ro (including visiting and renting vehicles) implies the acceptance of certain terms and conditions of use, obviously in the form of a legal contract between the user and AUTOWORLD SRL through the department Motion Rent A Car, therefore, it is recommended to read carefully the following paragraphs.

The cars shown on the website represent all the models in our fleet but their display does not represent confirmation of model availability. After placing a booking request, the availability of the chosen model will be confirmed by email/telephone or whatsapp by one of our representatives.

Please note that submitting a reservation request does not constitute a firm reservation of the respective car.

During extremely busy periods, due to the high number of requests but also to unforeseen situations such as accidents or technical breakdowns, we reserve the right to offer you a model similar to the one you have chosen.

CONTRACT DURATION

The vehicle is rented for the period booked and specified in the rental contract. In the event of non-fulfilment by the Beneficiary of the contractual obligations, the Provider may unilaterally terminate the contract without prior notice to the Beneficiary, without summons and without the intervention of the court, in the event of non-fulfilment of the Beneficiary's obligations and unilateral termination of the Rental Contract, the Provider has the right to recover and take possession of the property by any means at its disposal.

HANDING OVER THE VEHICLE. RETURNING THE VEHICLE.

The delivery of the vehicle to the Beneficiary will take place in Cluj-Napoca, at the three Autoworld offices between 8:00 and 18:00 from Monday to Friday, or it may take place in another location both in Cluj-Napoca and in the county of Cluj-Napoca. Cluj as well as on the Romanian territory under the condition of paying an additional fee by mutual agreement. If the return cannot be made during opening hours, the key and documents will be left by the Beneficiary in the Autoworld easy box.

The car will be returned to the Provider exactly as it was picked up, filled with the same quantity and type of fuel, clean inside and out, otherwise the Beneficiary will bear the costs in this respect. If the vehicle is not returned clean inside and out, the Beneficiary will pay an additional fee of 20 Eur. If the vehicle is returned after office hours or on a non-working day, the report and the findings will be made without the presence of the Beneficiary, who will be responsible for the statements made by the Service Provider's representative. The Service Provider may notify the Beneficiary within 48 hours of any non-conformity reported after the vehicle has been taken over and may charge the countervalue of the damage.

When the vehicle is handed over to the Beneficiary, the relevant item in the rental contract must be signed and any damage, scratches, dents or deviations from the flatness of the bodywork, any cracks or imperfections in the windows, headlights or taillights of the vehicle, any missing parts in the vehicle, any tears or stains in the materials inside the vehicle must be mentioned.

The Beneficiary undertakes to return the vehicle at the date and time stated in the Rental Contract to the place from which it was taken. In the event that the Beneficiary fails to return the vehicle at the agreed time and date, returning it more than 2 hours late and/or outside the Service Provider's working hours, the Beneficiary shall pay an additional charge for one day's rental.

If the client is more than 24 hours late in returning the vehicle without notifying the Service Provider and/or without paying the difference in the rental fee, the Service Provider will automatically and without delay notify the competent authorities (police, insurance company) and will not refund the guarantee.

CONTRACT PRICE

The rates are quoted in Euro but payment will be made in lei, at Autoworld's exchange rate, at the latest at the time of pick-up of the car by the beneficiary. Non-payment of the rental amount established according to the Rental Contract and according to the present terms and conditions, respectively prior to the handover of the vehicle, shall result in the refusal of the Provider to hand over the vehicle reserved or whose rental is desired, and the Beneficiary shall not be entitled to take it over as a result of the legal termination of the Rental Contract. The vehicles are provided with the km/day limit specified in the Rental Contract. Where the Beneficiary exceeds the maximum km limit, the difference shall be paid when the Beneficiary hands over the vehicle to the Service Provider.

To cancel a reservation, the Beneficiary is obliged to notify the Provider in writing at least 48 hours before the start of the rental. In the event of cancellation of a booking, the Service Provider reserves the right to retain a cancellation fee representing the equivalent of one day's rental.

MOTION RENT A CAR OBLIGATIONS AND RIGHTS

Hand over the rented vehicle to the Beneficiary together with all the documents required for its use and driving on public roads in accordance with the law (original registration certificate and insurance for the car insurance) as well as all other appropriate equipment as mentioned in the handover form.

To ensure the toll due in Romania (rovigneta), the RCA policy does not include the Fetești Bridge tax for the rented vehicle.

Inform the Beneficiary whether or not the auoturism is equipped with GPS tracking.

The service provider shall not be liable for the destruction or theft of property belonging to the Beneficiary or passengers in the vehicle during the rental contract.

OBLIGATIONS AND RIGHTS OF THE BENEFICIARY

The vehicle may only be driven by persons who have reached 20 years of age, hold a valid driving licence and have been driving for at least 2 years before signing the rental contract.

In the case of vehicle reservations made by remote communication, Motion Rent A Car reserves the right to cancel the reservation at its own discretion, if it is subsequently proven that the Beneficiary does not meet the conditions required by law.

The beneficiary is obliged to present the original driving licence, ID/passport and a credit card when signing the contract. The beneficiary is obliged to carry the rental contract with him/her at all times during the journey in order to present it to the competent control authorities.

The car can only be driven on public roads. Where the vehicle is to be driven by a person other than the Beneficiary - with the agreement of the Provider - or where more than one person is to drive the rented vehicle, these persons shall be expressly named in the rental contract, and each of them must meet the conditions listed above. Under no circumstances is the Beneficiary entitled to entrust or sub-let the vehicle to third parties. The Beneficiary shall not be entitled to assign the benefit of this Contract or any right or obligation arising hereunder.

The Beneficiary shall not be entitled to travel outside the Territory without the prior written consent of the Provider. Travel outside Romania shall take place only on the basis of the necessary authorisation to cross the border granted by the Provider to the Beneficiary. In the event of breach of the provisions of this Article, the Beneficiary shall personally bear the costs of all damage to the vehicle, all damage caused to the Service Provider and in the event of theft or destruction of the vehicle, the Beneficiary shall pay the Service Provider the full replacement value of the vehicle with all the additional equipment with which the vehicle was delivered. In the event of breach of this clause a fee of 100Eur (VAT included) will be charged.

If the SCDW insurance is not chosen, the Beneficiary undertakes to deposit a guarantee in the amount specified in the rental contract, in cash by credit card at the latest when the rental contract is signed or until the vehicle is taken over from the Provider. Failure to pay the guarantee shall prohibit the Beneficiary from taking over the vehicle.

The beneficiary is obliged to stop the trip and notify Motion Rent A Car representatives if he/she notices any aspects or signs of malfunctioning of the vehicle that may endanger the technical condition of the vehicle and the safety of road traffic. In the event of failure to comply with this obligation, the Beneficiary is obliged to bear the full cost of repairs and any other damage caused. The total amount of the damage will be reduced by the value of the guarantee, if it has not been used to cover other damage.

In the event of an accident or collision with the vehicle, the Beneficiary is obliged to notify both the Provider and the police, to take all necessary steps and to obtain the documents required by law for repair.

It is forbidden to use the vehicle for commercial purposes (unless otherwise agreed by the parties), towing, pushing, competitions, racing, training, transportation of dangerous substances or materials, illegal activities.

Pets can only be transported in special cages. Smoking is also prohibited inside the vehicle. In case of violation of this clause, a fee of EUR 300 (VAT included) will be charged.

The beneficiary is solely responsible for the payment of tolls (with the exception of the Rovigneta), fuel, fines and penalties for non-compliance with the traffic rules on public roads and national laws in force.

GUARANTEE

During the rental period, a deposit in the amount specified at the time of booking must be paid in cash or by credit card. The guarantee shall be used to cover damage to the vehicle caused by the Beneficiary as well as to pay the sums payable by the Beneficiary in the event of late return, late payment, delivery without a full tank of fuel, shortages or damage, failure to comply with the conditions of maintenance or other sums due or damage caused by the Beneficiary .

The Beneficiary is obliged to pay the amount of the guarantee in favour of the Provider before the date of delivery of the vehicle, the Provider having the right to refuse the delivery of the vehicle if the Beneficiary does not provide proof of payment of the guarantee.

The guarantee is returned to the Beneficiary at the time of pick-up of the vehicle by a Motion Rent A Car representative. If there are indications that the vehicle has suffered damage and these cannot be immediately estimated, are not visible or cannot be identified on the spot, the guarantee will only be returned after an assessment and inspection of the vehicle has been carried out. If the guarantee has been blocked in the Beneficiary's account, it will be released within a maximum of 10 days from the time the vehicle handed over is found to be in a suitable condition following the inspection carried out.

SCDW (Super Collision Damage Waiver) INSURANCE - Alternative to WARRANTY

The SCDW insurance is the supplementary insurance for total protection included at the request of the Beneficiary, this supplementary insurance exempts the Beneficiary from financial liability in the event of an accident caused by his fault, the only condition being to comply with the legislation in force.

The SCDW insurance is an alternative to the guarantee mentioned above and its cost (12 - 25 eEur / day) varies depending on the car model, the cost of this insurance is communicated at each request and is mentioned on the rental contract.

SCDW insurance does not cover fuel consumed, damage to tyres and the interior of the vehicle (chassis, engine block, oil bath, gearbox, front seat interior, back seat, armrest, floor carpet, roof material, interior rear-view mirror, radio-CD,navigation system) due to deliberate action or negligence as well as in the event of loss of vehicle accessories (documents, keys, compressor, spare wheel, jack and wheel wrench, mats, compressor) The cost of such damage will be borne entirely by the Beneficiary.

Both the SCDW insurance and the rental guarantee cover only the persons registered in the contract with the right to drive the rented car.

AUTO INSURANCE

Insurances included in the rental: civil liability (RCA - mandatory), CASCO insurance against accidents and theft. These are valid only on Romanian territory, and may be extended to cover foreign countries at the client's request, on the basis of a prior agreement and against payment. The CASCO insurance for motor vehicles includes a clause specified in the insurance contract, according to which, in the event of damage, breakdown or theft, the damage caused in the event of the insured risk is covered with the obligation to pay a sum representing the excess. Payment will be made on Ioc when the vehicle is collected, at which time the amount(s) due will be invoiced to the Beneficiary.

Insurance does not include and is not valid in the following cases:

- damage to the lower parts of the car
- chassis, engine block, etc.
- by deliberate or negligent action
- damage to wheels or tyres not caused by the accident, driving of the car by a person other than those named in the contract/annex
- loss of keys, vehicle documents
- visible damage to the passenger compartment
- damage to or loss of the optional items rented and mentioned on the handover report (medical kit, jack, sports equipment holder, child seat, etc.)
- fuelling the vehicle with the wrong fuel
- damage to the vehicle as a result of smoking inside the vehicle driving under the influence of alcohol, drugs, etc.
- do not include insurance for persons and luggage in the vehicle
- travelling by car to countries engaged in armed conflict

The cost of such losses not covered by the CASCO insurance shall be borne in full by the Customer in accordance with the rates specified in the contract.

The beneficiary assumes the entire risk of loss, theft, destruction or damage to the property used (partial or total - total damage), including fortuitous causes or force majeure, unless the event is covered by the vehicle's CASCO insurance or the MTPL insurance and the insurer accepts payment of the insurance premium. However, in the event of damage to the vehicle, for whatever reason and irrespective of the insurer's liability for the damage, the Beneficiary shall pay the Provider an additional amount based on the value of the repair.

16% of the new value of the vehicle for damage exceeding €60,000

11% of the new value of the vehicle for damage exceeding €50,000

9% of the new value of the vehicle for damage exceeding €30,000

6% of the new value of the vehicle for damage exceeding €20,000

3% of the new value of the vehicle for damage exceeding €10,000

1.5 % of the new value of the vehicle for damage exceeding €5,000

DAMAGE TO THE VEHICLE

The beneficiary is obliged to take all the steps and obtain all the documents required by law for the repair (completion of the amicable statement, obtaining insurance for the car involved in the accident, obtaining the police report, the repair authorization, etc.).

Any liability of the Provider for events occurring during the time the vehicle is in the possession of the Beneficiary is excluded. The Beneficiary shall bear all costs relating to damage caused by the Beneficiary at fault, those of unknown perpetrator as well as any other type of damage not covered by the valid insurance contract concluded by the Provider.

FIANLE PROVISIONS

The entire content of www.motionrentacar.ro is protected under copyright and intellectual property rights laws. The use of any elements belonging to the website www.motionrentacar.ro without the written consent of AUTOWORLD SRL. is punishable under the laws in force.

The Company does NOT grant the user the right to modify the website in whole or in part, to reproduce the website in whole or in part, to copy, sell or exploit the website in any other manner without the Company's consent. Visitor/Customer shall not modify, copy, distribute, transmit, display, publish, reproduce, license, create derivative works from, transfer or sell any information or services obtained from or through this website. Please be advised that Autoworld is a registered trademark and any use of the trademark without the company's consent is punishable by law.

The contents of this site, including but not limited to logos, stylized representations, symbols, images, photographs, text content and the like, are the exclusive property of AUTOWORLD SRL. You may not copy, distribute, publish, modify, add to, use, display, incorporate, link to, transmit, remove, display, sell, etc., any of the content, data, information, photographs or other information found on this site without the express written permission of AUTOWORLD SRL.

No Customer acquires by using and accessing the Site any right or license to use any of the information on the Site. No Customer has the right to use any automatic or manual device to monitor the materials available on the Site.

USER REGISTRATION

Any customer who wishes to do so can register on the Motion Rent A Car website by simply clicking on the Register button available on the home page and completing the required steps to register.

To register, you will be asked to enter your name, surname, e-mail address, phone number. You must enter a valid e-mail address, otherwise it will not be possible to continue the registration procedure on the site.

COMPLAINTS HANDLING PROCEDURE

Any dissatisfaction related to access, use, registration on our website, making a reservation, issues related to the closure, will be communicated directly to us, either by phone at 0738764546 or by email at motion@autoworld.ro .

Your complaint will be registered and you will receive a written reply to the e-mail address mentioned at the time of your complaint within 3 working days at the latest.

CHANGES TO TERMS AND CONDITIONS

Motion Rent A Car reserves the right to make changes at any time to the content of the www.motionrentacar.ro website, policy, terms and conditions of use, without prior notice to users, although we will be careful to notify customers of such changes.

The user of www.motionrentacar.ro is obliged to regularly check the terms and conditions of use. If you do not agree with the changes made to them by Motion Rent A Car, you will cease using the site. If the user continues to use the site, he/she is deemed to have agreed to the changes made.

APPLICABLE LAW

The contract shall be governed by and construed in accordance with Romanian law. Any disagreement arising between the Merchant and the Customer in relation to the relations arising from this Contract shall be settled amicably, and in case of failure, shall be submitted to the courts of material jurisdiction in Cluj Napoca.