General Terms and Conditions of Vehicle Rental
Advance Auto Group Ltd.
Advance Auto Group Ltd. in its capacity of Lessor, rents a car (vehicle) to the Lessee against payment of rental fees under the following General Terms and Conditions:
I. Submission and acceptance
1.1. The minimum rental term is 24 hours and the vehicle is rented to the Lessee in good condition with all mandatory equipment and documents required by the Traffic Police authorities, as recorded in the Bilaterally signed Acceptance Protocol (hereinafter referred to as BAP) which is an integral part of the Rental Agreement and which terms and conditions also cover the vehicle return. The Lessee is obliged to return the vehicle with all received documents and accessories within the agreed time and place in the same condition as originally submitted according to BAP.
1.2. In case of any foreseen or unforeseen failure of the Lessee to comply with the deadline for returning the vehicle, they are obliged to notify the Lessor not later than the agreed return hour. For a delay longer than 120 minutes the Lessee owes a penalty in the amount of the daily vehicle rental price according to the agreed rental rate in the Rental Agreement.
1.3. Failure of the Lessee to comply with the obligation to return the vehicle for more than two days without informing the Lessor shall be deemed to be misappropriation within the meaning of the Criminal Code and the Lessor shall notify the competent authorities, retaining all rights under this Rental Agreement.
1.4. In arising the hypothesis of the clause 1.3. above the Lessor is entitled to keep the guarantee deposit paid by the Lessee upon signing the Rental Agreement.
II. Rent-a-car through the Lessor's online platform
2.1. The lessee makes reservations through the online platform of Advance Auto Group Ltd. at https://yesrentacar.bg.
2.2. Online reservations are made in the following few steps:
2.2.1. Step 1 - The lessee chooses the vehicle type, the place and date of rental, as well as the place and date of the car rental return;
2.2.2. Step 2 - On a voluntary base, the lessee may choose any of the additional options, provided by the Lessor, regarding the use of the vehicle;
2.2.3. Step 3 - The Lessee provides data for identifying, processing, verifying on side of the Lessor, as well as contacting the Lessee. All necessary data in accordance with Regulations.
2.2.4. Upon completing above steps, the Lessor should accept the General Terms and confirm the reservation by clicking the "Confirm" button.
III. Cancellation
3.1. Cancellation of reservation is made by sending the appropriate notification to the e-mail indicated by the Lessor - reservations@yesrentacar.bg
3.2. Reservation can be refused by the Lessee three days prior to the date they have chosen to rent the car, in which case the amount paid by the Lessee shall be refunded in full.
3.3. Where reservation has been cancelled two days prior to date the Lesser has chosen, funding is 50 % of the amount.
3.4. Where reservation has been cancelled one day prior to the chosen date, the Lessor shall not be liable to a refund of the amount they have paid.
IV. Damage, Losses, Thefts and Others
4.1. In case of any damage, loss or theft of the car or its parts, including, but not limited to, fire or broken glass, the Lessee undertakes to pay the Lessor compensation in the amount of EUR 300.00 for each damaged part, including the costs of replacement car rental, return costs, lost benefits and rental expenses.
4.2. Lessee’s liability may be limited through payment and acceptance of additional charges "Super Collision Damage Waiver" (SCDW) and "Super Theft Protection Waiver" (STPW), certified and determined upon signing the Rental Agreement and they are not subject to refund. Upon payment of the above charges the liability of the Lessee is reduced to the amount of the charges excluding the cases covered by clause 7.5. of these General Terms and Conditions. The Super insurances do not cover, respectively can not secure the Lessor, the following cases: loss of car keys, vehicle documents, damage, loss or theft of the vehicle registration plate, loss or damage of car wipers, glasses and chassis (vehicles transmission, drive and other parts that are in or attached to the chassis) damage of the vehicle as a result of its careless exploitation by the Lessee, respectively by a related to them person, damage of tires, wheel rims, tire covers (when not caused by fire or road accident documented in a Police Report), damages as a result of using the vehicle while not considering the prohibitions covered by clause 7.5. The acceptance of the Super insurances does not exempt the Lessee from their obligation to receive and provide Advance Auto Group Ltd. with a Police Report in the event of theft or damage as described in detail in clause 7.1.3. Otherwise the Lessee shall pay compensation in the amount of 300,00 EUR for each damaged part.
4.3. Liability for damage caused by third parties, if caused guiltily by the Lessee, is covered by the Third Party Liability insurance up to its limit, except in the cases referred to in clauses 7.1, 7.2, 7.3 and 7.4 of these General Terms and Conditions. Only in case of a respected regression claim by the insurer within the meaning of article 19 of the Ordinance on Compulsory Insurance this responsibility is born by the Lessee.
4.4. If the navigation system is stolen or lost, the Lessee must pay a fine of EUR 200.00.
4.5. In case the documents, keys, registration plates of the rented car are stolen or lost, the Lessee must pay a fine of EUR 300.00.
4.6. In case the parking ticket and/or the parking card for parking at the public car parks at Sofia, Plovdiv, Varna, Burgas airports is lost, the Lessee must pay a fine of EUR 100.00.
4.7. In case of a car accident an administration charge of EUR 50.00 is payable regardless of whose fault the incident occurred.
V.Prices and payment methods
5.1. By signing the Rental Agreement upon receiving the vehicle the Lessee undertakes the obligation to pay the final amount of the Rental Agreement which represents the sum of the amounts specified in detail in this Rental Agreement by means of payment approved by the Lessor (vouchers, credit cards, debit cards, bank transfer, cash).
5.1.1. Online payments are made by credit/debit card through a licensed banking institution - Unicredit Bulbank AD.
5.2. The Lessee undertakes the obligation to pay the Lessor:
5.2.1. The daily rent and CDW, TPW, and, if accepted, SCDW and STPW charges to limit liability for damage and/or vehicle theft and any additional services mentioned in the Rental Agreement;
5.2.2. All additional charges for one-way rentals (rent with return of the vehicle in an office location other than the rental office location), if any. When the vehicle is returned in a location other than the one previously agreed, a drop charge fee determined by the Lessor is charged;
5.2.3. All fees and fines for improper parking and non-observance of the Road Traffic Act relating to the vehicle and the relevant rental period, as well as an administrative fee in the amount of EUR 30,00;
5.2.4. Lessor's expenses, including officially incurred costs permitted by law, for collecting the amounts owed by the Lessee;
5.2.5. The cost of the missing liters of fuel calculated at EUR 3.60 per liter.
5.2.6. Applicable fees and VAT.
5.3. The tenant undertakes to pay a security deposit in the amount of 300.00 euros upon signing the contract. After returning the car in а good condition, in accordance with the BAP, the deposit is refunded within 14 to 30 days from the date of return of the car. If small losses or damages are certified in BAP and if the vehicle is returned without fuel or it is less than the one stipulated in the BAP, the relevant amount is deducted from the deposit and the balance, if any, is restored.
5.3.1. The guarantee deposit can be paid through a procedure for purchase and cancellation of a purchase by debit card and credit card. After returning the car in good condition, according to the BAP, the deposit is refunded by canceling the purchase.
VI.Responsibilities of the Lessor
6.1. The Lessor is liable for damage resulting from a technical failure of the rented vehicle, as determined by an independent vehicle expertise.
6.2. The Lessor undertakes to provide the Lessee with a replacement vehicle for the period for which the Rental Agreement of the defective vehicle is concluded.
6.3. In case of a Lessee’s failure to fulfill this Rental Agreement the Lessor has the right to take all legal actions to discontinue the use of the property by the Lessee.
VII.Obligations and Responsibilities of the Lessee
7.1. The Lessee is obliged:
7.1.1. To use the vehicle as intended, to handle it with the care of a good owner and keep it in a clean state;
7.1.2. In case of an accident, damage or failure to take all necessary measures to rescue, limit and/or decrease damage to the rented vehicle;
7.1.3. In case of a theft, accident or damage to a vehicle, except minor incidents, to comply with the requirements of the Road Traffic Act and the regulations for its implementation concerning the obligatory receipt of a Police Report and other documents. Within twelve hours of the damage/theft occurrence the Lessee shall notify the Lessor about that by communicating all related facts, circumstances and data, as well as to provide full assistance to the Lessor and the insurance company in clarifying the incident and the damage caused.
7.2. The Lessee undertakes the obligation to observe the interests of the Lessor and the insurance company in case of a road accident or theft by:
7.2.1. Providing names and addresses of participants and witnesses;
7.2.2. Not transferring responsibility or guilt and not making payments to people involved in the road accident;
7.2.3. Not leaving the vehicle without the necessary precautions in respect to their safety;
7.2.4. Notifying the nearest Advance Auto Group Ltd. office by phone, even in case of a minor road accident, and filling in all the necessary documents of the Lessor within 12 hours;
7.2.5. Notifying the police immediately, if it is necessary to determine the guilt of another participant in the accident or a person is injured;
7.2.6. Making sure that when there is nobody in the vehicle it is locked and that the car keys and documents are kept by the Lessee.
7.3. The Lessee is not entitled
7.3.1. To use the vehicle for towing another vehicle or trailer, for racing purposes, sporting events, training, testing, transporting large bulk or other cargo,
7.3.2. To drive the vehicle drunk or after using drugs or intoxicating medicines;
7.3.3. То drive the vehicle off the road surface/road marking;
7.3.4. To smoke in the rented vehicle;
7.3.5. To give to a person not authorized by the Lessor to drive the vehicle;
7.3.6. To use the rented vehicle for transportation of goods prohibited by the Customs Act and for any kind of illegal activity;
7.3.7. To drive the vehicle outside the territory of the Republic of Bulgaria, except in cases when they are explicitly authorized by the Lessor for that and have paid in advance all necessary fees and insurances for traveling abroad. For any unauthorized border crossing the Lessee is obliged to pay a fine of EUR 300.00.
7.3.8. To make unauthorized repairs of the vehicle;
7.3.9. To transfer their rights and obligations under this Rental Agreement to a third party unless previously approved by the Lessor and the details of the approved person are recorded in the Rental Agreement.
7.4. The Lessee must have a current driving license valid for more than one year but not less than the term of the Rental Agreement, must be twenty-one years of age and have one year driving experience.
7.5. In case the Lessee fails to comply with the restrictive conditions of these clauses and harmful consequences occur on the vehicle, respectively on its owner and/or partial damage or claims of third parties evolve against the Lessor, the Lessee owes the Lessor compensation at an amount determined further by an expert (specialist), who should be appointed to draw up an independent expert evaluation to verify the occurred damage and its value. The failure to comply with the provisions of clauses 7.1-7.4. as a result of which damages have been occurred eliminates the limited liability provisioned by clause 4.2 and the Lessee owes full compensation.
7.6. In case of careless exploitation by the Lessee, respectively a related to them person, if the vehicle is returned in an extremely dirty condition, the Lessee is obliged to pay a fine of EUR 72.00.
7.7. Smoking in vehicles is strictly forbidden, in case of a breach found by the Lessor, the Lessee is obliged to pay a fine of EUR 150.00.
7.8. By signing the Rental Agreement the Lessee confirms that they have been provided with information according to article 19, paragraph 1 of the Personal Data Protection Act (PDPA), they are aware that the provision of their personal data is voluntary, as well as that they are aware of their rights provided by PDPA and give their unconditional consent their personal data to be collected, processed and transferred to third parties for the purposes of concluding and managing the Rental Agreement in compliance with the requirements of the current Bulgarian legislation.
VIII. Consumer disputes
8.1. Pursuant to the Consumer Protection Act (CPA), in the event of violation of rights, consumers are entitled to complaints, alerts and motions, filed with the control authorities, who protect their rights.
8.1.1. Complaints, alerts and motions are filed in written form on paper or electronically to the Commission for Consumer Protection.
8.1.2. The phone number and contact address of the Commission for Consumer Protection are as follows:
- address: Sofia, 4A Slaveykov Square, fl. 3, 4 and 6
- tel.: 02/933 05 65;
- fax: 02/988 42 18;
- hotline: 0700 111 22;
- web site: https://www.kzp.bg/podavane-na-zhalba.
8.2. Consumer disputes may also be dealt with through the procedures for alternative resolution of national and cross-border disputes, set forth in Chapter 9, Section II of the Consumer Protection Act. Alternative Consumer Dispute Resolution (ADR) is any body, regardless of its name, established and dealing on a regular base with alternative resolution of disputes and is included in the list of authorities recognized as ADR entities on the territory of The Republic of Bulgaria, approved by Order of the Minister of Economy
8.3. The Minister of Economy sets up general and sectoral conciliation committees to the Commission for Consumer Protection, which are alternative dispute resolution bodies and meet the requirements of Section II of the CPA. In the event of dispute, the consumer must bring the dispute directly before the trader and the parties should try to resolve it among themselves. Where the parties have not settled the dispute between themselves, the consumer may bring the matter before the general or sectoral conciliation commissions, depending on the subject matter of the dispute. Referral is done through a written application, submitted to the Commission for Consumer Protection, which administers the activities of the general and sectoral conciliation committees.
IX. Payment disputes
9.1. Pursuant to the Payment Services and Payment Systems Act (PSPSA), any payment service provider, within the meaning of the law, is required, in accordance with their internal regulations, to provide for a procedure of filing claims, disputes and award of benefits concerning the payment services.
9.2. In the event of dispute with the Payment Services Provider, which has not been resolved, the Payment Service User can contact the Conciliation Commission on Payment Disputes at the Commission for Consumer Protection.
9.2.1. Conciliation proceedings begin with the filing of the application with the Commission. The application is filed in writing, as well as by e-mail or online via the website of the Commission for Consumer Protection.
9.2.2. Conciliation proceedings move pursuant to the sequence described in Chapter 10, "Alternative Dispute Resolution" of the PSPSA and any unresolved issue, concerning the activity of the Commission as alternative dispute resolution body, are subject to the provisions of Chapter Nine, Section II of the Consumer Protection Act.
