Before using or obtaining any materials, pieces of information or services through the online site BRENT.RO, please read carefully the General terms and conditions (GTC). The GTC set out forward will be applied to all services rendered by AUTOROTATION S.R.L. and contracted through the online site BRENT.RO, as well as to all the interactions between the administrator and the client/visitor and can be modified at any time by the administrator.
ONLINE SHOP ADMINISTRATOR INFORMATION
BRENT.RO is an online shop, which is the property of AUTOROTATION S.R.L., with the headquarters in Cluj-Napoca, no. 39A, Bună Ziua street, bl. E6C, 1st entrance, 2nd floor, ap. 9, Cluj county, registered at the Official Registry of Commerce, attached to the laws of Cluj’s law court, under no. J12/4358/2016, having as unique registration code 36837178, bank account IBAN RO44BTRLRONCRT0376959101 opened at Transilvania Bank, mobile phone 0721 715 333, e-mail firstname.lastname@example.org, named admistrator or provider.
According to the GTC, the following terms are defined as it follows:
provider/administrator – the commercial enterprise AUTOROTATION S.R.L.;
beneficiary/client – any individual or legal person who makes a reservation through the online site BRENT.RO, according to the procedure established by the GTC; visitor – any individual or legal person who accesses the online site without making a reservation.
reservation – an electronic document, compiled by the client and sent to the administrator, through which the client indicates that he firmly intends to rent one or more vehicles from those that belong to the provider, destined to being rented and being paid for them.
agreement/contract – reservation confirmed by the provider according to the GTC.
offer – the rental proposal addressed to the client, presented through the online site BRENT.RO;
specifications – any mention made by the client throughout the reservation.
The administrator provides you with the access to the online shop BRENT.RO and with its use, on condition of completely and unconditionally accepting the GTC by the visitor/client. Through accessing, using, obtaining and buying any product, content, data, materials, pieces of information or services through our online shop, the visitor/client agrees on respecting the GTC and understands that he cannot claim not knowing them.
The access of the visitor to the online shop BRENT.RO
RIGHTS OF INTELLECTUAL PROPERTY
The visitor understand the right of intellectual property and will not download/use the content of the site BRENT.RO, images, descriptions, graphical elements, without the written agreement of the administrator because they are the property of the administrator (or of a provider of the administrator), being defended by the copyright law and by the laws related to the intellectual and industrial property.
The violation of the right of intellectual property by the visitor/client generates his civil, criminal or such other liability and consequently provides the administrator with the possibility of initiating any judicial or extrajudicial endeavour. In this case, the administrator could claim the coverage of the suffered material and moral prejudice by the visitor/client.
CONCLUSION OF THE AGREEMENT. VALIDITY
Through the online site BRENT.RO, the administrator provides any individual or legal person – visitor or client – with the vehicles that he owns, which he aims to rent. More precisely, through the online site, the visitor/client has the possibility of being informed with regard to the vehicles from the administrator’s offer, to their technical specifications, to their disponibility for a certain period of time, to the rental price, to the aspects related to security and compensation, to CASCO insurance, to the delivery-receipt procedures of the vehicle, as well as to any other relevant information.
The individual or legal person who wants to rent one or more vehicles from the administrator’s offer, becoming a client, could express this intention on the online site, by selecting the vehicle/ vehicles, by mentioning the period when he wants to rent and by confirming the fact that he accepts the rental conditions, which he reads in advance.
The manifestation of the client’s intention to contract is a necessay and a cumpulsory step which will lead to the conclusion of the vehicle’s rental agreement. The manifestation of the intention to rent the vehicle by the client does not give rise to any other obligation of the administrator than to contact the client and to establish a meeting when details of the rent are discussed and the actual agreement is concluded. Corelatively, the manifestation of the client’s intention to rent a motor vehicle from the offer of the administrator provides him with the right of being contacted by the administrator for concluding the contract and, at the same time, with the right of having priority with regard to the period mentioned by him in the reservation.
The manifestation of the client’s intention fulfils through the reservation request.
The rental agreement is concluded in a written form, in duplicate (one for each party) during the meeting between the administrator/provider and the client/beneficiary, after establishing all the aspects related to the rental. On occasion of the meeting, if the client modifies one of the pieces of information mentioned in the reservation, more exactly, the vehicle that he wants to rent and the period, the rental agreement will be concluded only if the administrator can satisfy the modified reservation, without affecting other reservations or agreements. The risk of modifying the reservation belongs to the client.
The administrator can refuse to conclude a rental agreement with a client, although he made a reservation, without having to justify his refusal.
One of the conditions that must be fulfilled for concluding the agreement is related to the client. In particular, the client as an individual who rents the vehicle - the property of the administrator - must be a person who is 21 years old, who has a valid driving licence, who has been driving for at least 3 years, who does not have a criminal record with regard to offences to the driving law and who declares explicitly that he is the unique person who will drive the rented car. If the motor vehicle can be also driven by other persons, the client-individual must indicate those persons and declare expressly that they fulfil the previously reminded conditions. If the client is a legal person, the conditions must be fulfilled by the individual who will be indicated as the one who will drive the rented car.
In case of driving licences which are not written in Latin characters (which contain Arabic, Chinese, Japanese, Cyrillic characters etc.), the client is obliged to present an international driving licence.
When concluding the agreement, the client will present his valid ID card/Passport and the driving licence for each person who is indicated as the one who will drive the vehicle.
TERM OF THE AGREEMENT
The rental agreement is concluded according to the period mentioned by the client in his reservation and taking into account the administrator’s possibility of honouring the request of the client. The term of the agreement is established expressly by mentioning the days when the client rents the motor vehicle.
The minimal period of renting the motor vehicle is of 4 hours.
The term of the rental agreement can be extended, but the cliend has to express his intention in a clear and unambiguous manner and to let the administrator know it with at least 24 hours before the expiry of the initial term. In the case when the rental was for a period of 1 day, the extension is possible only if the client lets the administrator know his intention of extention in the moment of receiving the car.
PRICES. COSTS. INVOICING. WAYS OF PAYMENT
The prices associated with the services of renting provided by the administrator are displayed on the online site BRENT.RO. The rental prices are extablished according to the rental period (according to the number of days) and are expressed in euros/day + VAT. The prices are indicated in the content of the online site BRENT.RO for each motor vehicle, the Administrator being responsible for displaying the correct prices in the online shop, but if a wrong price is displayed by mistake, the administrator will bring this aspect to discussion during his telephone conversation with the client.
The price is paid on the basis of the invoice issued by the administrator after signing the rental agreement and before delivering the vehicle. If the price is not paid according to the stipulations from the agreement, until the moment when the administrator has to deliver the vehicle in order to respect the rental period, the agreement is automatically cancelled for not paying the price, without any formality (without notification, without delay, without the intervention of the law court), the administrator having the right to claim damage-interests of an amount equivalent to half of the rental agreement’s price. Through non-payment is understood the situation when, in the case of bank payment, the sum associated with the agreement’s price does not appear in the balance of the owner’s bank account.
The payment of the agreement will be made under the conditions established through the agreement’s specifications; concretely, either cash, or through bank transfer, so as to be received until the delivery of the motorvehicle.
When signing the rental agreement the Client will pay an advance of 50% of the total amount of the agreement.
In case of cancelling the reservation the already made payment in advance will be returned on condition of paying a cancellation tax of 100 euros + VAT. The cancellation can be made only via email.
Besides the rental services’ price, the client is obliged to pay the equivalent of the vehicle’s delivery service in other place than Cluj-Napoca, 50 euros + VAT for any other place in Cluj county or 200 euros for any other place in Romania.
The client is responsible for the fines and for the sanctions received while the vehicle was in his property.
The client is obliged to contact the owner with at least 3 hours before the delivery of the rented vehicle.
The rental of a motor vehicle from those provided by the administrator implies also the lodging of a security which consists of 300 euros + VAT, which will be paid to the administrator and which will be returned after the reception of the motor vehicle by the administrator from the client.
The security is repaid integrally if the motor vehicle is delivered to the administrator in the condition in which it was previously delivered to the client. If there are damages, prejudices etc. of the motor vehicle, the administrator will record them in the delivery-receipt report and he will retain the amount for reconditioning from the security, paying back only the difference. This security is repaid in maximum 7 working days from the return of the vehicle to the Owner. This period provides the Owner with the necessary time for the proper evaluation of the impairment in question.
The motor vehicle can be rented with the following accessories: wirelles router, child motor vehicle seat, Salsung tablets, refrigerating box, Smailo navigation system, roof luggage rack and bicycle carrier.
In case of damaging the accessories presented at 8.3. point, the owner will record the damage in the delivery-receipt report and he will retain the amount for reconditioning or for replacing them from the security.
The cost of the missing fuel will be also retained from the security.
All the vehicles provided by the administrator for rent have a CASCO insurance, on the basis of a concluded and valid optional insurance policy. In case of a road event which emerges when the vehicle is rented by the client and which is optionally insured through CASCO, the client is obliged to pay an amount of 300 euros + VAT when returning the motor vehicle, this amount representing the equivalent of the franchise associated with the optional insurance CASCO.
DELIVERY-RECEIPT PROCEDURE OF THE VEHICLE
The vehicle is delivered to the client on the basis of the present rental agreement and of the delivery-receipt report, in running order, without hidden aspects which could impede its proper use. The vehicle is delivered clean and washed.
In the delivery-receipt report the condition of the motor vehicle will be indicated, each party making the necessary claims. The existence of any impairment, of scratches or of such others will be expressly mentioned in the delivery-receipt report, otherwise by signing the delivery-receipt report their lack will be attested.
The delivery of the vehicle to the Client will be realised only ofter conlcuding and signing the present agreement, the delivery-receipt report, after the Owner examined the conditions established through the present rental agreement, including those related to the driver, after the Client provided the Owner with the documents of the driver, after the Client paid the amount of the agreement and after the Client paid the amount of the security.
The delivery-receipt report is concluded in duplicate, one for each party.
In the delivery-receipt report the date of delivery will be mentioned. If it is not mentioned, it will be considered that the delivery hour is 12:00 midnight of that day. Moreover, the date, the place and the hour of the vehicle’s delivery to the owner at the end of the agreement’s term will be indicated.
The delivery of the car is realised by giving a key of the motor vehicle together with its documents (registration certificate, civil liability insurance RCA, road tax) to the person indicated to be the driver.
The return of the vehicle is realised in the same conditions as those of delivery to the client.
The delivery-receipt report, from the moment of returning the vehicle, should mention if the delivery was realised according to the term, if there is any impairment or damage, if the security is paid back integrally or not (in this case, the amount of money retained from the security has to be indicated).
If the client wants to return the motor vehicle before the end of the agreement’s term, he will have to inform the administrator with at least 24 hours before and he will have to establish with him the aspects regarding the return of the vehicle to the administrator. In this case, the administrator has the right of not paying back any difference from the price of the agreement.
OBLIGATIONS OF THE CLIENT
To read, to accept and to respect the GTC of the administrator when he starts to use the online site and to make reservations.
To provide real, correct and actual information about him when he is requested, otherwise there is the possibility of refusing the collaboration.
OBLIGATIONS OF THE ADMINISTRATOR
To contact the clients after receiving the reservation, via email or via phone, and to agree with them on the aspects of their meeting for discussing and concluding the rental agreement.
To use the personal data collected from the clients/users according to the section ”Confidentiality”, a constitutive part of GTC.
According to the requests of the modified and completed Law no. 677/2001 for protecting people with regard to the use of personal data and to their free circulation and to the Law no. 506/2004 regarding the use of personal data and of private life protection in the area of electronic communication, the administrator has the obligation to safely manage the provided personal data about you, about a member of your family or about another person and only for the specified purposes. The purpose of collecting data is to honour the reservations, advertisement-marketing-advertising and the realisation of statistics necessary for developing the provided services.
By completing the personal data in the reservation form the client accepts to unconditionally include his data in the data base of the administrator and agrees expressly and unambiguously on storing, using and processing his data by the administrator without any territorial or temporal limit. The registered pieces of information can be also transmitted to the administrator’s providers or to the correspondence companies.
The administrator collects personal data (first name and last name, email, phone number, address and other data for the invoice) only if they are willingly provided. The refusal of providing them determines the impossibility of processing the reservations made online on BRENT.RO.
According to the Law no. 677/2001, you have the right to access your data, to intervene on them, the right of not being liable to an individual decision and the right to address the law court. Furthermore, you have the right to oppose the process of personal data which regards you and to request their erasal. For exercising these rights, you can address a written, dated and signed request at the company’s headquarters. In addition, the right to address the law court is recognized.
If some of your data are not exact, please inform us as soon as possible.
Cookies are text folders, controlled by the web browser, which in the standard version is set to accept them. When accessing the site BRENT.RO, it will request the web browser to stick cookies in the memory of the PC. The information from cookies leads to memorizing some settings/actions between two distinct sessions, enhancing the charging speed of the pages during the next visits. There are situations when the IP address which accesses the site or that of the particular site can be memorized, if it is the case. BRENT.RO can be also used within certain limits without accepting the cookies. These pieces of information are necessary for providing the visitors/clients with qualitative services and will not be sold, alienated or rented to a third party.
LODGING. LINKS. BROWSERS
BRENT.RO is lodged on servers belonging to specialized companies, on the basis of an agreement concluded between them and AUTOROTATION S.R.L. as a beneficiary. BRENT.RO can contain links to other sites, which can be accessed by visitors/clients on their own account. AUTOROTATION S.R.L. is not responsible for the errors that can emerge on the site or on those related to the use of a browser, irrescpective of their cause; and it is not responsible for the nature, the content or any other aspects related to the sites accessed through the links present on BRENT.RO, the responsibility with regard to them being of their owners.
BRENT.RO provides visitors/clients with the possibility of leaving commentaries related to it and the products, which will be published after a previous approval. The administrator of the site has the right, but not the obligation, of not publishing the inadequate commentaries on the site, through them understanding, without limit, the comments with an illegal, obsecene, defamatory, impending content, which affect the rights of a person, which violates the rights of intellectual property, which have an advertising content, which contain viruses, which have a spam character. AUTOROTATION S.R.L. is not responsible and cannot be held responsible, through this understanding also the obligation to provide compensations for any prejudice produced by the published commentaries.
If the visitor/ client provides, through commentaries, information that does not concern the products commercialized by AUTOROTATION S.R.L. or their process of selling/buying/delivery/return, he assumes the responsibility that their disclosure does not violate the rights of third persons, otherwise being the direct and the unique responsible for the caused prejudice. By leaving commentaries, the visitor/client agrees explicitly on sending in a free, unlimited and irrvocable manner to AUTOROTATION S.R.L. the right to use, to reproduce, to modify under any form, to retransmit and to share with anybody and through any means the content of the commentaries. The use of the commentaries’ content, in consideration of the previously mentioned right offered by the visitor/client, cannot lead to taking any responsibility and to the engagement of the administrator’s responsibility, the unique responsible being the visitor/client who left the commentary.
AUTOROTATION S.R.L. can notify the visitors/clients of the BRENT.RO site through the weekly newsletter, with regard to the present offers and, at the same time, it can send them congratulations, gift cards or any other messages. In order to send offers and messages through the newsletter it is necessary for the visitor/client to freely and voluntarily subscribe to it, which presupposes the fact that the visitor/client read, understood and accepted the terms and conditions stipulated in the GTC. Through the subscription to the newsletter, the visitor/client agrees explicitly on receiving offers and messages from AUTOROTATION S.R.L. The visitor/client can cancel the subscription at any time, following the instructions indicated in the footer of every email.
The administrator does not encourage SPAM (defined as the process of delivering unsolicited electronic messages, most times with a commercial character of advertising weird products and services, practiced in the e-marketing industry and by the owners of porn sites). Consequently, all the messages and offers sent to visitors/clients through the newsletter are sent in consideration of their explicit request and if the subscription’s cancellation was not fulfilled.
The offers and the messages sent to the visitor/client via the newsletter respect the Electronic Commerce Law regarding the commercial communication as it is mentioned in the Romanian legislation and not only. Resending the newsletter by the visitor/client to other persons is done on his own responsibility and it is assumed that the visitor/client made known the stipulations of the GTC to whom he sent the newsletter, and the latter one understood and accepted them. Resending is allowed if the structure and the content of the newsletter are not modified, otherwise the visitor/client can be held responsible for the caused prejudice, irrespective of its nature. AUTOROTATION S.R.L. is not responsible and cannot be held responsible for the actions of its visitors/clients. The use of the newsletter is realised under the same conditions under which BRENT.RO is used.
The administrator has all the rights on the newsletter’s content. AUTOROTATION S.R.L. can restrict the access to the newsletter without a previous notification for any visitor/client who does not respect the stipulations from the GTC or if there is any suspicion that he does not respect these stipulations.
APPLICABLE LAW. LITIGATIONS
THE GENERAL TERMS AND CONDITIONS OF SELLING (GTC) are subject to the Romanian legislation. If a litigation case emerges between the administrator of the site and a visitor/client, the latter one will inform the administrator, according to the conditions established in the GTC, and will attempt to solve the problem in a friendly manner. If a friendly resolution is not possible, the visitor/client can address the competent law court. In this case the territorial competence belongs to the law court to which the administrator’s headquarters are attached.
The notification which have to be sent between the administrator, on the one hand, and the visitor/client, on the other hand, will be considered sent only if they are delivered via email to their addresses and if in the section ”Subject” the structure ”Notification regarding ...” is present. The notifications, which will be sent to the administrator, under the previously mentioned conditions, will be sent to the email address: email@example.com. The notifications which will be sent by the administrator to visitors/clients will be sent to their email addresses, indicated by them when completing the forms from the site BRENT.RO.
The notifications sent to the administrator of the site have to mandatorily include the following pieces of information: the identification data of the visitor/client (last name, first name, residence address, personal identification number, phone number, email etc.), the contractual report regarding the sent notification (if it is the case); the particular situation which is signaled through the notification; the arguments/reasons of the notification; the requests addressed to the administrator; the solutions for solving the problem. The notifications addressed to the administrator will receive an answer in maximum 30 calendar days, which will be sent via email to the address indicated in the notification.
The responsibility of the parties is cancelled in case of events of force majeure, defined by the law and accepted by the parties as an unforeseeable event, above their will, which totally or partially influence the fulfillment of the assumed obligations.
Through force majeure is understood any unforeseeable and unavoidable event, emerging after the conclusion of an agreement, which impedes the total or partial execution of the agreement, cancelling the responsibility of the party who invokes it under the law’s conditions. In the direction of this provision, examples of force majeure events are: war, revolution, earthquake, floods, embargo, general strikes etc. The party who invokes the major force is obliged to inform the other party with regard to the event in maximum 7 calendar days and to take immediately all the possible measures in order to reduce the consequences. If the circumstances which oblige the suspension of executing the present agreement extend with more than 60 calendar days, any party can request the termination. Under the conditions of the previous paragraph, the agreement is cancelled without claiming any damage-interest. The other party has to be informed with regard to the end of the force majeure case in maximum 7 calendar days.