Terms and Conditions
Contract – includes the information from the following documents: Rental Contract, Terms and Conditions of Rental, Delivery-Reception Chart and all the specifications in the Annexes to the Contract.
Car / Vehicle – represents the vehicle offered for rent along with all its accessories.
Price List – represents the price for one day rental (24 h) corresponding to the rented vehicle.
Fuel – may be gas or diesel, according to the type of the rented vehicle.
User – the person referred to in the Contract, who can drive the vehicle rented by the Customer.
Partner – legal person intermediating the rental between MSI Premium Cars and the Customer.
SCDW / SCDW+ - the tax for reduced liability in case of damage or theft, as explained in detail in chapter 4.
PREAMBLE: The contractual terms shall include the information from the following documents: Rental Contract, Terms and Conditions of Rental, Delivery-Reception Chart, grid of costs for damages and all the specifications in the Annexes to the Contract.
These conditions are binding and they shall be complied with in order to rent a vehicle from MSI Premium Cars.
1. LIABILITIES OF MSI Premium Cars
1.1. To give the Customer the right to use the vehicle which is the subject matter of the Contract through: the delivery of the vehicle, filling in and signing the delivery-reception chart, handing over of the keys and documents of the car (the vehicle registration certificate, RCA insurance policy) in original copy.
1.2. To provide the road support to the Customer, on the territory of Romania, during the term of the Contract, 24h/24, 7 days/7 in case of any accident or mechanical failure.
1.3. To replace the vehicle (if available), in case of failure which cannot be remedied on the spot, if the damage did not occur from the Customer’s fault, within 24 hours, depending on the location where the failure occurred. If the damage is due to the Customer’s fault, it shall be requested the blocking of a new guarantee for the delivery of a new vehicle.
1.4. In case MSI Premium Cars cannot replace the Vehicle, the Customer shall be refunded with the part corresponding to the rental cost calculated pro rata with the period in which the vehicle could not have been used.
1.5. MSI Premium Cars shall not be liable for the losses incurred by the Customer in case of malfunction or failure of the vehicle, except for the costs authorized by MSI Premium Cars for repairs.
1.6. From the moment of delivery of the vehicle and until the recovery of its possession, MSI Premium Cars shall be exempted of any liability for the damages caused in traffic by the vehicle rented to the Customer, along with the road taxes or bridge tolls or any fines resulting from the abusive occupation of a parking lot, failure to comply with the traffic legislation or the laws in Romania.
1.7. By the issuance of the receipts for the completion and cancellation of the preauthorized deposits, MSI Premium Cars shall be relieved from the unavailability of the amounts in the Customer’s accounts and recommends the contacting and presentation of the receipts to the bank where the Customer holds the card.
2. CUSTOMER’S LIABILITIES
Remark: In case of a reservation made by phone, e-mail or by partners, the reservation can be cancelled by MSI Premium Cars, without owing anything either to the Customer or to the intermediate, if the final Customer fails to fulfill the minimum binding requirements for rental as provided for in the contract and published on the website of MSI Premium Cars.
2.1. To be the owner of a valid national and/or international driving license (the international driving license shall be mandatory for documents issued in countries using another writing than the Latin alphabet and for those obtained by driving cars with the wheel on the right side, for example: the UK, India, Australia, Japan). Upon signing the Contract, the driving license shall be presented in original copy along with a document of identity and credit card. The use of the credit card shall be mandatory for blocking the deposit. Pre-pay or Diners Club cards shall not be accepted.
2.2. For the drivers with experience between 0-1 year, a tax shall be received as follows: 300 € for the classes A, B, E, F, N, O, P including, 500 € for classes G, H, I, M, Q, R including and 1500 € for the classes K, L, S, T, U including. For the drivers with experience between 1-3 years, the tax will be of 100 € for the classes A, B, E, F, N, O, P including, 300 € for the classes G, H, I, M, Q, R including and 800 € for the classes K, L, S, T, U including. The tax shall be applied per rental, irrespective of its duration. If there are any additional drivers in the same conditions, with experience between 0-1 year, respectively between 1-3 years, the tax shall be received only once.
2.3. In case of confirmed reservations, MSI Premium Cars shall reserve the right to cancel them in case the Customer is late in taking over of the vehicle for over 3 hours from the hour established by mutual agreement, unless the Customer previously informs.
2.4. To allow the driving of the vehicle only to the persons authorized by MSI Premium Cars and referred to in the Contract, or to the representatives of MSI Premium Cars.
2.5. The tax for the additional drivers shall be of 15 €/user. By their registration in the Contract, they accept the fact that they must comply with the rental conditions of MSI Premium Cars.
2.6. Not to drive the vehicle outside the road, on unpaved, non-asphalted roads, closed to public traffic. Otherwise, MSI Premium Cars shall collect the value of the repair, irrespective of the type of the guarantee chosen by the customer (including the SCDW/SCDW+ tax), from the guarantee or it shall debit the debit/credit card of the customer presented upon signing the contract, under prior notification.
2.7. Not to make or allow to be made technical or aesthetic interventions on the vehicle without the written agreement of MSI Premium Cars.
2.8. To inform MSI Premium Cars, upon its request, on the location of the vehicle and to allow the examination of the vehicle by MSI Premium Cars representatives, within maximum 24 hours from the latter’s request.
2.9. Not to use the vehicle for taxi driving, driving schools, pushing or towing activities, races, training sessions, competitions, for the transportation of certain dangerous substances or illegal activities, which may damage the condition of the Vehicle, as well as not to give it any other destination than for person transportation under rental conditions. If the rented vehicle is foreclosed or destroyed/damaged by the authorities or by the Customer, following its use for obtaining certain improper benefits from the transportation of certain forbidden objects or substances, the Customer shall be liable for the entire counter value of the vehicle.
2.10. The pets (such as: dogs, cats) can be transported in the vehicles of MSI Premium Cars only in special boxes (cages, bags), closed during the trip. Otherwise, the same conditions referred to in point 3.10 shall be applied.
2.11. For failure to comply with the provisions regarding the Customer’s obligations – as provided for in Chapter 2 (except for point 2.1. – case in which MSI Premium Cars is fully entitled to unilaterally cancel the reservation without the refund of the amounts in case of collected advance) the guarantee deposit shall be fully received (including in case of SCDW taxes).
2.12. The Customer shall have the obligation to keep the vehicle in proper condition of use on the entire contractual term and to hand over the vehicle in the same condition as of the date of taking it over. In case of any damages caused to the vehicle during the contractual term, (including damages caused by the collision with animals or damages with unknown author), the customer shall be liable to bear the costs of all the repairs necessary to return the vehicle to the condition on the date of its taking over.
2.13. It is strictly forbidden to drive the vehicle under the influence of alcohol or other narcotic substances or drugs with similar effects whose effects lead to the physical and / or legal impossibility to use the vehicle, in which case the Customer is responsible for the entire value of the vehicle.
3. PERFORMANCE OF THE CONTRACT. DELIVERY, REPLACEMENT AND RETURN OF THE VEHICLE
3.1. The delivery and return of the vehicle shall be made on the place, the date and time established by the Customer together with MSI Premium Cars and referred to in the reservation form and in the Contract.
3.2. The hand over and taking over of the car outside the working hours (from Monday to Friday 09:00-18:00) can be made upon the customer’s request. In this case, an additional tax of 20 € per hand over/take over shall be perceived.
3.3. The return of the vehicle in another place than the place of its handing over shall be made only with the consent of MSI Premium Cars and an additional displacement fee between 30 € and 400 € shall be perceived. If the Customer requests the return of the vehicle in another location subsequently to the taking over of the car, he shall inform MSI Premium Cars in writing or by calling at the non-stop assistance phone number 0748 47 47 47. MSI Premium Cars shall have to give its consent upon this contractual change, and the Customer shall pay the additional fee referred to above, a tax which will be notified in writing by MSI Premium Cars, by text message or e-mail. The collection of the fee shall be made upon the return of the vehicle from the guarantee, in cash or by credit/debit card presented by the Customer on the signing of the rental contract.
3.4. In case the Customer leaves the car to another agency than the one initially established under the contract, without notifying the change of the delivery location, he shall pay an additional fee of 250 €.
3.5. Upon the return of the vehicle later than the deadline according to the contract, he shall pay an additional tax of 10 €/hour, agreed upon under the contract. If the Customer delays the delivery of the vehicle without the consent of MSI Premium Cars, the company shall be entitled to regain the possession of the vehicle on the Customer’s expense and risk.
3.6. The return shall be effective on the time of signing the delivery chart by MSI Premium Cars and by the Customer.
3.7. For the vehicles returned outside the working hours (in weekend and/or during night-time) or during weather conditions preventing the verification of the car, the Customer’s responsibility will be extended for any possible damages and respectively the unblocking of the guarantees 24 hours from the effective return of the vehicle.
3.8. The Customer abandoning the vehicle without notifying MSI Premium Cars in writing or by calling the non-stop assistance phone number 0748 47 47 47, without handing over the key to a representative of MSI Premium Cars and without the bilateral signing of the taking over chart, shall entail the Customer's liability for the costs relating to the relocation of the vehicle to the agency of its rental, and for other costs corresponding to the return of the vehicle to the initial condition in case the vehicle is taken over in other conditions than those of its handing over under the minutes. The same conditions shall also be valid if the customer refuses to hand over the car.
3.9. The Customer shall have the obligation to return the vehicle with the same amount of fuel it had at the beginning of the rental term (according to the delivery-reception chart). Otherwise, following the written notification from MSI Premium Cars, the Customer agrees to pay a fuel supply tax of 20€ and the counter value of the missing fuel, according to the fiscal receipt from the gas station. No credit shall be granted for the additional fuel than the initial amount supplied by MSI Premium Cars.
3.10. Upon the delivery of the car to the Customer, the cleaning condition of the car, both on the inside and on the outside, will be mentioned, the latter following to sign the minutes concerning such specification. If upon the return the vehicle needs more than the standard washing procedure for returning it to the condition previous to the rental, the Customer agrees to pay a management tax of 50€ to which shall be added the counter value of the car wash, according to the invoice transmitted by e-mail.
3.11. The parking taxes during the delivery-reception of the vehicle, in another location than the one proposed by MSI Premium Cars, as well as the parking during the entire term of use of the car rented from MSI Premium Car shall be borne by the Customer. The latter will bear all the taxes provided by the laws in force together with the cost of parking, both on the territory of Romania and in other states, the road tax, the bridge toll, the parking tax in airports or special spaces with limited period of time, fines resulting from the failure to comply with the traffic rules. In case of failure to pay the taxes referred to above, MSI Premium Cars shall pay the fines resulting from the failure of the Customer to comply with his/her liabilities. MSI Premium Cars will invoice the Customer for the effective value of the fine to which is added a management tax of 50 €/fine.
3.12. The fuel supply by the Customer of the car rented from MSI Premium Cars, with another fuel than the one indicated by the manufacturer (mentioned on the registration certificate and on the delivery-reception chart) shall entail the Customer’s liability to pay a service tax of 50€, the cost of transportation with the platform, the cost corresponding to the days of immobilization in service, the repair cost according to the repair estimation note, as well as the corresponding resupply (including to the Customers who chose for SCDW/SCDW+).
3.13. The rentals outside Romania shall require the written approval of MSI Premium Cars and they shall be submitted to certain special conditions. There is a limit of kilometers of 250 km /day (km driven both in the country and abroad), exceeding that limit the customer will be charged with a tax of 0.50€/km. To obtain the documents necessary to the transit abroad there will be a tax of 50 €
(exception: a tax of 100€ shall be collected for Turkey). The corresponding price to travel abroad shall be of 15€/day higher than the price list.
3.14. The guarantee deposit for cross border is of at least 1000 € and maximum of 10000 €.
3.15. Traveling abroad shall be permitted only on the territory of the European Union and of the Economic European Area. If this obligation is not complied with, in case of a damage or theft, the Customer shall be liable for the entire value of the car.
3.16. In case of malfunctions and/or road events, occurred abroad, the Customer is liable, according to the contract signed upon the delivery of the car, for returning the car on the Romanian territory, bearing the entire costs.
3.17. MSI Premium Cars rents a series of accessories together with the car, consisting in GPS, child seat, snow chains, Wi-Fi router according to the following prices:
- GPS, 5 €/day;
- Child seat, 3 €/day;
- Snow chains, 3 €/day;
- Wi-Fi router, 5 €/day.
3.18. In case of loss or deterioration of the keys, original documents or car accessories, in case of loss of the parking chip or the loss of the plates by the Customer, MSI Premium Cars shall collect from the Customer the counter value of the damaged/lost objects at the price mentioned on the purchase invoice of each accessory, or at the value of the fine the Customer must pay, to which shall be added a management tax of 50 €.
3.19. MSI Premium Cars cannot be held responsible for any possible objects forgotten in the Vehicle by the Customer and which remain unidentified upon the delivery of the Vehicle.
3.20. Smoking in the cars of MSI Premium Cars is strictly forbidden. In case of not complying with this obligation, a tax of 50 € will be collected, to which shall be added the counter value of the services for the car wash.
4. GUARANTEE FOR DAMAGES AND TAXES FOR ITS REDUCTION
4.1. The RCA insurance policy is concluded for the vehicle, according to the laws.
4.2. The Customer shall have to choose one of the following guarantees and taxes for its reduction: Collision Damage Waiver (CDW), Theft Protection (TP), included in the price, to which Super Collision Damage Waiver (SCDW) or Super Cover Plus (SCDW +) can be added.
4.2.1. Collision Damage Waiver (CDW) is a franchise for failure (liability), also called Guarantee for damages (referred to in Public Prices), which can vary between 1000 € and 5000 € according to the class of the vehicle mentioned in the Contract signed by the parties. The mandatory guarantee shall be submitted upon signing the Contract, it will be blocked by MSI Premium Cars on a credit card and will be returned to the Customer upon the return of the vehicle (except for the cases provided for in point 4.4.).
4.2.2. Theft protection (TP) is a protection against theft which is meant to limit the liability of the driver for the costs generated by the theft and robbery attempt of the rented vehicle, within the limit of the guarantee corresponding to the class established in the rental contract. The protection against theft shall not cover the personal items of the driver, these could be covered according to traveling policies.
4.2.3. Super Collision Damage Waiver (SCDW) is a discount tax of the guarantee referred to in point 4.2.1., which daily price can be found in the Rental Contract. By the payment of SCDW tax, the Customer’s liability in case of damage and/or theft for the rented vehicle is reduced from the value of the Guarantee mentioned above, to the value of 600 € for the classes A, B, E, F, N, O, P including, 1500 € for classes G, H, I, M, Q, R including and 3000€ for classes K, L, S, T, U to cover any possible additional costs, the exceptions being mentioned in Chapter 5 of this Contract.
4.2.4. Super Cover Plus (SCDW+) is a reduction tax of the guarantee referred to in point. 4.2.1. which daily price can be found in the Rental Contract. By the payment of SCDW+ tax, the Customer’s liability in case of damage and/or theft for the rented vehicle is reduced from the value of the Guarantee mentioned above, to the value of 200 € for the classes A, B, E, F, N, O, P including, 500 € for classes G, H, I, M, Q, R including and 1000 € for classes K, L, S, T, U to cover any possible additional costs, the exceptions being mentioned in Chapter 5 of this Contract..
4.3. If one of the users referred to in the Contract is between 18 and 25 years old, or over 65 years old, there is a double guarantee. In this case, the guarantee shall not be reduced by paying the tax SCDW or SCDW+.
4.4. In case of choosing CDW/SCDW+ the Guarantee (franchise) for damages is to be invoiced by MSI Premium Cars to the Customer under the following conditions:
- damages (accidents) caused to the rented vehicle, observed by the competent authorities of the Police, as being due to the fault of the Customer or with unknown author (including the case in which the car is found damaged or vandalized in the parking lot).
- the theft of the rented vehicle;
- as well as in case of any other exclusion from the insurance policies and of the damage chart, part of the terms and conditions.
.4.5. If in the past, a customer of MSI Premium Cars SRL had one or many damages with the car, the warranty will be multiplied by the number of damages plus one.
5. EXCLUSIONS FROM THE PAYMENT OF THE TAXES FOR THE REDUCTION OF THE GUARANTEE
Irrespective of the tax paid for the reduction of the guarantee chosen by the Customer, he shall become responsible and is liable for the repairing and the payment of collateral damages under the following situations:
- Failure to comply with the obligations provided for in Chapter 2;
- Missing fuel, in the amount of 20 €, representing the supply tax + the corresponding fiscal receipt;
- The loss of the car’s documents / key / accessories 150 € (article 3.18);
- Damage of the hub (excessive dirt, staining of the seats or their damage);
- Deterioration/loss of the accessories offered for rent (GPS, child seat, etc.);
- Damage of the inferior part of the vehicle (representing the elements under the car: shield, exhaust pipe, oil sump etc.);
- Wrong fuel supply of the vehicle;
- Deterioration of the rims or tires;
- Partial or total deterioration caused as a result of smoking inside the car and/or during its location nearby flammable environments
6. PAYMENT OF THE SERVICES
6.1. The Customer shall pay in full, upon signing the Contract, the rental (of the car and of the accessories he rents), the tax for the reduction of the guarantee (if he chose one) and the possible taxes established through the minutes.
6.2. The invoicing in RON shall be made at BCR exchange rate from the signing day of the Contract.
6.3. The payment of the rent shall be made by credit card, debit card (Visa, MasterCard or American Express) or in cash, without accepting the pre-pay, Diners Club cards.
6.4. The prices do not include: the costs of the fuel, the road taxes except for the road vignette for Romania which is included in the rental price, the fines received for the breach of the traffic rules on public roads and of the national laws in force or costs resulting after the actions of the Local Authorities related to the Vehicle which is the subject matter of this Contract, during the rental period. The entire payment of such amounts shall be borne by the Customer.
6.5. The Customer shall pay the total of the remained liabilities, according to the Contract, upon the handing over of the vehicle, under the payment document issued by MSI Premium Cars.
6.6. Any amount unpaid by the Customer to MSI Premium Cars at the end of the Contract, as well as any other amounts subsequently occurred (cost of extension of the rental period of time, fines, penalties, taxes etc.) or costs for repairing the vehicle as a result of the damages caused during the contractual period, according to the provisions of article 2.11., can be collected by MSI Premium Cars from the credit card of the Customer, based on a prior written notice. Any amount received in the absence of the Customer, with the latter’s consent by signing these conditions, shall be completed by MSI Premium Cars sending an e-mail which includes the receipts corresponding to the payment.
6.7. In case of delay of payment, over the deadline referred to in the Contract, penalties shall be collected in the amount of 1% of the amount due per each day of delay.
6.8. In case of unilateral termination to the contract by the Customer, before the established contractual term, the counter value of the services shall not be reimbursed. As a commercial gesture to its Customer, MSI Premium Cars will provide him the counter value of the remained services by a 12-month valid voucher, which the Customer may use upon renting a new vehicle from MSI Premium Cars network.
6.9. The guarantee provided for in article 4 shall be returned by the end of the contractual term, within maximum 30 days from the date of signing the delivery chart by MSI Premium Cars and by the Customer. MSI Premium Cars shall not be liable for the delays in the return of the guarantee caused by external factors such as delays of the bank institutions, etc.
7. PROCEDURE IN CASE OF DAMAGES:
7.1. The Customer has the obligation to immediately inform MSI Premium Cars on any newly-discovered damage to the rented vehicle.
7.2. If the damage has an unknown author, the Customer is liable to obtain, before the return of the car, the Repair Authorization from the Police Authorities.
7.3. If the accident occurred due to the Customer’s fault, and 2 cars were involved, he shall have the following obligations:
7.3.1. The completion of the amiable ascertainment form if the two drivers acknowledge the fault;
7.3.2. The Minutes + the Repair Authorization obtained from the Police Authorities if the two drivers do not agree upon amiably.
7.4. If the accident did not occur due to the Customer’s fault and 2 cars were involved, he shall have the following obligations:
7.4.1. The completion of the amiable ascertainment form if the 2 drivers acknowledge the fault, an RCA copy of the driver at fault, a copy of the registration certificate of the guilty driver, copy of the Identity Card of the guilty driver, copy of the Driving license of the guilty driver;
7.4.2. If the two drivers do not agree upon amiably, the following will be necessary: the copy of the RCA of the guilty driver, the Minutes and the Repair Authorization obtained from the Police Authorities.
7.5. If more than 2 cars were involved in the accident, or body injuries resulted from the accident, the Customer shall contact the Police Authorities for obtaining the Minutes and the Repair Authorization.
7.6. In case of an accident in which an animal was hit, the customer is liable to inform the Police Authorities as soon as the accident occurred.
7.7. In all the previously mentioned cases, the Customer shall be liable to verify the correct completion both of the Amiable Ascertainment form and of the Repair Authorization and of the Minutes issued by the Police Authorities.
7.8. In case of failure to comply with the procedure in case of damage, the Customer shall be liable for the entire value of the repairs, the immobilization costs and the costs generated by the lack of use of the car.
8. EXTENSION, CESSATION AND TERMINATION OF THE CONTRACT
8.1. The terms of extension, cessation or anticipated termination of the Contract cannot be established without the consent of MSI Premium Cars.
8.2. The intention of the Customer to extend the Contract shall be notified to MSI Premium Cars, at least 24 hours before the expiration of the Contract. The price agreed shall be paid under the same conditions in which the initial contract was signed, within maximum 24 hours from the beginning of the term of extension. The contract may be extended under the written agreement of both parties.
8.3. The contract shall cease by right at the end of the rental term.
8.4. The contract can be terminated before the fulfillment of the term with the consent of the parties or as an effect of the termination.
8.5. If MSI Premium Cars terminates the Contract it shall inform the Customer by phone, by facsimile or by electronic mail,
8.6. Both in case of cessation of the Contract before the term and in case of termination, the Customer shall have the obligation to hand over the vehicle within 12 hours from the time of termination.
9. FINAL PROVISIONS
9.1. The Customer shall be put in default by right for all the obligations assumed under the Contract and not complied with as such on deadlines.
9.2. Any dispute arising from or related to this Contract shall be solved amiably first and only in case of failure, the parties will address to the competent law courts in Bucharest.
9.3. For any dispute, this hereby Contract shall constitute a piece of evidence