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TERMS AND CONDITIONS OF USING PERPETOO

These Terms and Conditions of Use (“General Conditions of Use”, “General Conditions” or “Conditions”) govern your access and use of the applications, websites, content, products and services made available by PERPETOO DRIVE SRL (“PERPETOO”), which is a company identified by the data below.

PLEASE READ THESE CONDITIONS CAREFULLY BEFORE ACCESSING AND USING THE SERVICES TO MAKE SURE THAT YOU UNDERSTAND EACH AND EVERY OF THEM.

YOU SHOULD BE AWARE THAT PERPETOO NEITHER PROVIDES MOTOR VEHICLE RENTAL OR USE SERVICES, NOR DOES IT WORK AS A CARRIER OR AN INSURER, AND THAT ALL THESE RENTAL/USE OR LOGISTICS SERVICES ARE PROVIDED BY THIRD PARTIES AS INDEPENDENT CONTRACTORS.

PERPETOO HAS NO CONTROL OVER THE CONDUCT OF LESSORS, CLIENTS AND OTHER USERS OF SERVICES THAT MAKE AVAILBALE MOTOR VEHICLES FOR USE AND DECLINES ANY LIABILITY IN THIS RESPECT.

The General Conditions cover important information on Users’ rights, civil and tax obligations, as well as their relation with Perpetoo. They also include obligations referring to the compliance with the relevant laws and regulations in force. We inform you that Perpetoo may change or complement these Conditions, so we recommend you to revisit this webpage regularly. When these Conditions are modified, we shall update the Last Changed date below.

If we make material changes to these Conditions, we shall notify you via email using your registration email address and such changes shall be published visibly before being implemented. Your continued use of the Service after such a change will constitute your acceptance of the new Conditions. If you do not agree to any of these Terms or to any future Conditions, you must not use and access (or continue to access) the Service.

These General Conditions are complemented by the provisions of the Rental Agreement and Annex 1 thereto. In case of any inconsistency between the provisions of the Rental Agreement and those of the General Conditions, the provisions of the Rental Agreement shall prevail. The current version was published on 20th of May 2022.

CHAPTER 1 – DEFINITIONS

Unless expressly provided herein or except for any different binding legal provisions, the following terms, when written in capital letters, shall have the following meanings:

CHAPTER 2 – THE PERPETOO SERVICE AND ITS USE

CHAPTER 3 – THE AGREEMENT WITH PERPETOO

CHAPTER 4 – THE APPLICATION

CHAPTER 5 – HIRING A MOTOR VEHICLE

  • by cancelling a booking in the Application in accordance with clauses 5.8, 5.9, 5.10 and 5.12 of these General Conditions;
  • by returning the Motor Vehicle at the end of the rental period;
  • by terminating the Agreement under clause 5.23 below;
  • with the assent of the Lessor and the Driver;
  • both the Driver and the Lessor are entitled to withdraw from the arrangement if the other Party does not come at the place of meeting, the day and at the time agreed for the handover - pick-up and if 30 minutes have passed since the time fixed for the meeting without any announcement having been made.
  • in any other way agreed in the Rental Agreement between the Lessor and the Driver.
  • The Driver does not use the Motor Vehicle as a good Lessor would or according to the purpose determined in the Rental Agreement or in compliance with the specifications of the manufacturer, or the Driver disregards these General Conditions.
  • The Driver assigns the Driver’s rights arising from this Agreement to a third party or sub-leases the Motor Vehicle or encumbers it.
  • he Driver brings changes to the Motor Vehicle, which affect its physical or functional integrity, or uses the Motor Vehicle for activities prohibited by these General Conditions (taxi services, car-sharing, rent-a-car, sports activities and rallies, transportation of people and/or goods beyond the maximum permitted load according to the technical specifications of the manufacturer, transportation of goods which require special transport conditions or authorisation).
  • The Driver does not comply with one or more obligations provided for in Annex 1 of these General Conditions – The insurance policy in case of accident, theft or other damage caused to the Motor Vehicle.
  • The Driver does not perform or performs viciously other obligations under the Rental Agreement.
    • 5.23 In the situations mentioned in clause 5.22 above, the Lessor is entitled to consider the Rental Agreement as being terminated as of full right, without the intervention of a court of law (within the meaning of Article 1553 of the Civil Code), based on a notice given to the Driver and sent by any communication means.
    • 5.24 The Rental Agreement is terminated as of full right, without the intervention of a court of law being necessary, in case that the Driver does not perform or performs inadequately any other obligations which are incumbent on him/her (except for those stipulated in clause 5.22) after the Driver has been warned through a notice sent by any communication means (fax, email, SMS, telephone, etc.) that any new failure to perform those obligations would lead to the termination as of right of the Agreement or in any other ways provided for by the Rental Agreement.
    • 5.25 The termination of the Rental Agreement shall have no effect on the obligations already due between the Contracting Parties.
    • 5.26 The provisions of the clauses above do not exclude the liability of the Party at fault for causing the termination of the Rental Agreement, the Party at fault being required to pay damages according to the Civil Code.
    • 5.27 Returning the Motor Vehicle to the Lessor. On the expiry of the term agreed in the Rental Agreement, the Driver has the obligation to return the Motor Vehicle to the Lessor or to the attorney of the Lessor at the time and place agreed with the Lessor and in the same condition as when picked-up. The Driver is liable for any damage caused to the Motor Vehicle during the hire, i.e. from the time the Driver takes possession of the Motor Vehicle until the Driver returns it. ATTENTION! The Driver is solely liable for any offences or violations of the law, during the hire, committed as a result of using the Motor Vehicle. The Driver is solely liable for any offences or violations of the traffic law, throughout the rental period, committed as a result of using the Motor Vehicle.
    • 5.28 The Driver has no obligation to clean the Motor Vehicle at the end of the rental period, except when the traces of dirt are quite marked (in the interior – mud or sand, on the exterior – marked traces of mud on the car body due to circulation on muddy roads). If traces of dirt are pronounced and thus the Vehicle is not returned washed, the Driver must pay the Lessor the equivalent of a car wash according to the agreement between the two Users. If it is not resolved in this way, then the Driver agrees to withdraw from the excess/warranty the amount of 45 RON that will be transferred to the Lessor by Perpetoo.
    • 5.29 At the return of the Motor Vehicle, the Driver and the Lessor or the attorney of the Lessor inspect the condition of the Motor Vehicle and then fill in Annex 1 (of the Rental Agreement available for the Parties in the Application). Both the Lessor and the Driver should keep a copy of Annex 1 for at least one year. In case of damage, the Lessor of the Motor Vehicle shall indicate such damage in Annex 1 and upload in the Application pictures capturing the exterior of the Motor Vehicle and pictures capturing the interior of the Motor Vehicle in case of any faults occurred during the rental period. The Lessor has 48 hours from the occurrence of the event or from the return of the vehicle (whichever is earlier) to report the damage to the Insurer (valid only for Motor Vehicles that benefit from insurance during the rental period offered by the Perpetoo Partner Insurer). After this period, the Insurer can no longer process the claim and the insurance can no longer cover that damage. ATTENTION! The Parties accept that the Motor Vehicle will be affected by normal wear, which is not covered by risk insurance and is totally assumed by the Lessor.
    • 5.30 Changing/Extending the rental period
      • 5.30.1 A Driver who wants to extend a booking which hasn’t begun yet must do so only through the Application. Before requesting an extension of the rental period, the Driver undertakes to check the availability calendar of the Motor Vehicle in the Application. An extension of the rental period must be requested using the Application and must be accepted by the Lessor of the Motor Vehicle. The additional payment must be made through the Application, based on the prices mentioned in the Application. The daily/hourly rental rate to use in calculation for the additional period will remain the same as for the initial reservation.
      • 5.30.2 A Driver who wants to extend a booking which has already begun must do so only through the Application. Before requesting an extension of the rental period, the Driver undertakes to check the availability calendar of the Motor Vehicle in the Application. An extension of the rental period must be requested using the Application and must be approved by the Lessor of the Motor Vehicle. The payment shall be made through the Application. The daily/hourly rental rate to use in calculation for the additional period will remain the same as for the initial reservation. Retaining a Motor Vehicle more than the initial rental period without validating the extension of the booking through the Application is a violation of both these General Conditions and the insurance conditions (for Motor Vehicles that benefit from insurance during the rental period offered by the Perpetoo Partner Insurer) and it may lead to the removal from the Application of both the Driver and the Lessor. The extension of the rental period shall be confirmed once the Lessor has agreed to it, the payment has been made through the Application (for Motor Vehicles benefiting from insurance during the rental period offered by the Perpetoo Partner Insurer) and a new Insurance Certificate has been issued for the requested time extension.
    • 5.31 Changing/Reducing the rental period
      • 5.31.1A Driver who wants to reduce the rental period for a booking which hasn’t begun yet must do so only through the Application. The reduction of the rental period must be requested using the Application and must be accepted by the Lessor of the Motor Vehicle. The payment for the cancelled rental period shall be paid back in accordance with the conditions for cancelling a booking by the Driver (clauses 5.8-5.9).
      • 5.31.2 A Driver who wants to reduce the rental period for a booking which has already begun must do so only through the Application. The reduction of the period of use must be requested using the Application and must be accepted by the Lessor of the Motor Vehicle. The payment for the cancelled rental period shall be paid back in accordance with the conditions for cancelling a booking by the Driver (clauses 5.8-5.9).
    • 5.32 Late return of the Motor Vehicle. In case that Driver does not return the Motor Vehicle the day and at the time agreed and indicated in the booking in the Application, the Rental Agreement and in Annex 1, the Driver shall be liable as follows:
      • 5.32.1For Motor Vehicles booked with payment per hour:
        • 5.32.1.1 If the Driver communicates that he/she is going to be late and the lateness will not be more than 1 hour, Perpetoo advises the Users to show understanding.
        • 5.32.1.2 If the Driver communicates that he/she is going to be late and the Motor Vehicle is returned later than 1 hour after the time of return agreed between the Lessor and the Driver, the Driver shall pay a late return penalty equivalent to the double of the amount paid for 1 hour of hire, for every hour of lateness. The penalty shall be paid through the Application or in other way determined in the Rental Agreement. ATTENTION! In this situation, for Motor Vehicles that benefit from insurance during the rental period offered by the Perpetoo Partner Insurer, the travel is no longer under the scope of the insurance and is the full responsibility of the Driver in case of damage.
        • 5.32.1.3 If the Driver does not communicate to the Lessor that he/she is going to be late, in case of being late more than 2 hours, the Lessor of the Motor Vehicle has the obligation to announce the non-return of the Motor Vehicle to the Insurer (for Motor Vehicles benefiting from insurance during the rental period offered by the Perpetoo Partner Insurer) and to Perpetoo.
      • 5.32.2For Motor Vehicles booked with payment per day:
        • 5.32.2.1 If the Driver communicates to the Lessor that he/she is going to be late and the Motor Vehicle is returned no later than 1 hour after the time of return agreed between the Lessor and the Driver, Perpetoo recommends to the Users to show understanding.
        • 5.32.2.2 If the Driver communicates to the Lessor that he/she is going to be late and the Motor Vehicle is returned later than 1 hour and within maximum 24 hours after the time of return agreed between the Lessor and the Driver, the latter shall pay a late return penalty equivalent to the double of the mount paid for 1 day of hire. The penalty shall be paid through the Application or in other way determined in the Rental Agreement.ATTENTION! In this case, for Motor Vehicles benefiting from insurance during the rental period offered by the Perpetoo Partner Insurer, the additional period of time which is not covered by insurance and any resulting damage shall be the responsibility of the Driver.
        • 5.32.2.3 If the Driver does not communicate to the Lessor that he/she is going to be late, in case of being late more than 2 hours, the Lessor of the Motor Vehicle has the obligation to announce the non-return of the Motor Vehicle to the Insurer (for Motor Vehicles benefiting from insurance during the rental period offered by the Perpetoo Partner Insurer) and to Perpetoo.
        • 5.32.2.4 If the Driver does not communicate to the Lessor that he/she is going to be late, in case of being late more than 24 hours, the Lessor of the Motor Vehicle has the obligation to announce the competent authorities, the Insurer (for Motor Vehicles benefiting from insurance during the rental period offered by the Perpetoo Partner Insurer) and Perpetoo. In this situation, Perpetoo Drive SRL reserves a right to take any necessary measures to protect the interests of the Application and of the Lessor of the Motor Vehicle.
        • 5.32.3 Any late return of a Motor Vehicle for more than 5 days, entitles the Lessor to file a criminal complaint against the Driver with the competent authorities for breach of trust/theft.
        • 5.33 Use of a Motor Vehicle by a third party. The Driver has no right to make the Motor Vehicle available for third parties, not even free of charge.
        • 5.34 Deterioration of a Motor Vehicle. ATTENTION! In case that Driver is not able to return the Motor Vehicle in the same condition as when picked-up, including any deteriorations in its interior or on its exterior, the Driver is required to pay the real costs which are necessary to remove/repair the damage, unless such costs are covered by the insurance (for Motor Vehicles benefiting from insurance during the rental period offered by the Perpetoo Partner Insurer).
        • 5.35 The fuel tank. ATTENTION! In case that the Driver returns a Motor Vehicle with a quantity of fuel less than the level of fuel at the time of picking-up the Motor Vehicle from the la Lessor, indicated in Annex 1 of the Rental Agreement, the Driver is required to pay to the Lessor the equivalent ammount for fuel. If it is not resolved in this way, then the Driver agrees to withhold from the excess/warranty the value for fuel supply that will be transferred to the Lessor by Perpetoo.
        • 5.36 In case that the Driver drives a Motor Vehicle for more kilometres than the maximum mileage specified in the booking paid through the Application, the Driver has the obligation to calculate together with the Lessor and pay through the Application for any additional kilometre beyond the limit specified in the Application, based on the price per additional km, which is fixed and visible in the profile of each car in the Application.
        • 5.37 Annex 1. Annex 1 of the Rental Agreement must be signed by both the Lessor and the Driver, at the time when the Motor Vehicle is picked-up and also when it is returned. The Driver is responsible for taking pictures and uploading them in the Application in case of finding any visible damage to the Motor Vehicle when the Driver takes possession of it. The Lessor is responsible for taking pictures and uploading them in the Application in case of finding any visible damage, not existing initially, to the Motor Vehicle, when the Lessor takes possession of it. Also, the Lessor will upload in the Application a copy of Annex 1 and will put an end to the lease. ATTENTION! This phase is important and obligatory for ensuring payment to the Lessor from Perpetoo.
        • 5.38 Handing over the Motor Vehicle without a Rental Agreement. In case that the Motor Vehicle is handed over to the Driver by the Lessor without having a Rental Agreement, its use shall no longer be governed by these General Conditions or by the Rental Agreement. In this case, the use of the Motor Vehicle is not covered by the insurance made through the Application (for Motor Vehicles benefiting from insurance during the rental period offered by the Perpetoo Partner Insurer) and all nuisances resulting from this are the exclusive responsibility of the Users. Perpetoo reserves a right to remove the accounts of the Users involved without notice.

        CHAPTER 6 – RIGHTS AND OBLIGATIONS OF THE LESSOR AND OF THE DRIVER

          • 6.1 General rights and obligations of the Driver and of the Lessor
            • 6.1.1 The binding effect of the instructions in the Application. The Driver and the Lessor must always follow the instructions and act as specified in the Application.
            • 6.1.2 Provision of real data. The Driver/Lessor confirms that all the data and statements which the Driver/Lessor has provided are true, particularly with regard to their personal data and contact details and the conditions for them to have the capacity of Driver/Lessor. If there is any change in respect of the personal data or if the personal data are inaccurate, then the Driver/Lessor shall immediately update such data in the Application or shall immediately inform Perpetoo thereof via email or by phone.
            • 6.1.3 Exclusive offers and recommendations. Eligible Users may benefit from exclusive offers negotiated by Perpetoo with its Partners. The recommendation programme allows Users to get additional advantages by recommending the Perpetoo services to their friends at the moment when the friends concerned sign up for the Application and use it for the first time.
          • 6.2 The Driver’s rights and obligations
            • 6.2.1 Access of third parties is forbidden. The Driver is forbidden to provide the Service or to make it available for any third party. The Driver must not give his/her access information or any other access to his/her user account to third parties and is required to take all reasonable measures to conceal such data. The Driver shall be fully responsible for any unauthorised use of these access data or of his/her user account and for any damage caused in this way to Perpetoo, the Lessor or any third party. If such passwords are lost or stolen or the right to use those passwords were infringed on in other way, the User shall have the obligation to inform immediately Perpetoo of this situation, and Perpetoo shall modify the access data.
            • 6.2.2 Compliance with the laws in force.  The Driver is required to comply with the legal provisions in force in Romania and with the EU laws. The Driver is fully responsible for any possible damage which could result from the transmission of data and information through the Application (example: those for rating the Lessors in the Application). Any possible damage caused in this way to the Lessor, Perpetoo or any third party shall be fully covered by the Driver.
            • 6.2.3 Contractual sanctions.  All contractual sanctions or penalties which are incumbent on the Driver under these General Conditions or under the Rental Agreement shall be paid by the Driver to the Lessor through the Application and the online payment partner service of Netopia Financial Services SRL (netopia-payments.com). No contractual penalty shall be paid directly to the Lessor. The Driver has taken note of and agrees that the contractual sanctions or penalties shall be paid automatically (through direct debit). If this is not possible, Perpetoo shall inform the Driver about how the Driver should pay a contractual penalty. The payment of contractual penalties is without prejudice to the right of the aggrieved person to compensation for fully covering the damage.
            • 6.2.4 Liability for any kind of offences (including traffic offences).  The Driver has taken note of and agrees that he/she is solely liable for any mistakes and illegal actions which he/she commits while using the Motor Vehicle. The Driver undertakes to take responsibility for his/her own committed actions and/or omissions made while using the Motor Vehicle, as well as to pay off all fines or any other amounts owed for the inappropriate use of the Motor Vehicle or non-compliance in any other way with the specific legislation and the obligations under this Agreement. In case of an illegal action for which the Driver is responsible, the Driver has taken note of and agrees that the Lessor is entitled to provide information about the Driver to the authorities investigating the action committed. In case of a sanction for an infraction committed by the Driver, the Lessor is entitled to ask (even through Perpetoo) that the Driver pays or reimburses the Lessor for the fine paid and all costs borne in connection with it. If this does not happen, the Driver has acknowledged and agrees that Perpetoo has the right to transfer to the Lessor, from the excess/warranty stopped at the time of booking, the due value.
            • 6.2.5 The Driver has the obligation to inform the Lessor within 1 hour from the occurrence of an event, as well as to inform the competent bodies immediately after the occurrence of the event, about any event which caused the partial or total destruction or disappearance of the Motor Vehicle and to respond affirmatively to any requests from the Lessor and to any public or private institutions (Insurer, etc.) in order to repair the damage suffered by the Lessor, to ensure the right of recourse of the Lessor against the person to blame, using his/her best endeavours to that end and to assign his/her rights owed in the incident to the Lessor. These obligations are corroborated with the obligations detailed in Annex 1 – The insurance policy in case of accident, theft or other damage caused to the Motor Vehicle (for Motor Vehicles benefiting from insurance during the rental period offered by the Perpetoo Partner Insurer). ATTENTION! Damages brought to the Vehicle by a Driver under the influence of alcoholic beverages or substances are not covered by the Insurer and are the direct responsibility of the Driver. The Driver commits himself to bear the payment of all the damages of the Motor Vehicle due to the Lessor and accepts that Perpetoo will realize direct debit from his bank card to recover the damage in favor of the Lessor. The excess/warranty will be retained by Perpetoo and transferred to the Lessor in the amount necessary for the settlement of damages. If the settlement of the damage requires a sum of money lower than the value of the retained warranty, then Perpetoo will refund the difference to the Driver.
            • 6.2.6 Prohibited activities. The Driver has taken note of and agrees not to:
            • a) use the Motor Vehicle for the following activities: taxi services, car-sharing, rent-a-car, sports activities and rallies, transportation of people and/or goods beyond the maximum permitted load according to the technical specifications of the manufacturer, transportation of goods which require special transport conditions or authorisation, any other commercial activities;
            • b) use the Motor Vehicle for transportation of travellers in exchange for a compensation;
            • c) allow other driver to drive the Motor Vehicle during the rental period;
            • d) bring changes to the Motor Vehicle without the prior, express and written approval of the Lessor;
            • e) encumber the Motor Vehicle and use it as pledge irrespective of the purpose and especially for securing one’s own obligations or others’ obligations to third parties.
              • 6.2.7 Expenses in connection with the Motor Vehicle. The Driver has the obligation to cover any expenses in connection with the fuel, parking tickets, any indemnity under these General Conditions and the Rental Agreement.
              • 6.2.8 Automatic debit. The Driver has been informed of and agrees that Perpetoo executes, through the online payment partner service Netopia Financial Services SRL (netopia-payments.com), the automatic debit from the Driver’s bank account in those situations when, after the rental period has ended, the Driver does not willingly make, within 3 days, the payment in the Application of any differences which must be paid for the extension of the rental period or for a larger number of kilometres than initially agreed, traffic/parking fines, other charges (bridge, highways, translation of documents in case of damages etc.), or any other compensation which the Driver may owe to the Lessor or to Perpetoo under the Rental Agreement, its Annex 1 and these General Conditions.
        • 6.3 The Lessor’s rights and obligations
          • 6.3.1  The notice, if the Motor Vehicle is not returned. The Lessor has the obligation to inform Perpetoo, not later than 1 hour, in case that a Motor Vehicle is not returned within the agreed term and according to clause 5.32 of these General Conditions. In case of failure to fulfil this obligation, the Insurer (for Motor Vehicles benefiting from insurance during the rental period offered by the Perpetoo Partner Insurer) will no longer pay the compensation or the compensation will be limited. At the same time, the Lessor shall inform without any delay the police and shall cooperate as necessary in the course of any criminal procedure.
          • 6.3.2 Compliance with the relevant legislation. The Lessor has taken note of and agrees that, besides the obligations included in these General Conditions, the Agreement, the Rental Agreement and its Annex 1, the Lessor must also fulfil the obligations incumbent on the Lessor under the specific legislation in the area, including without being limited to fiscal regulations concerning the payment of tax for the income from the lease of the Motor Vehicle, in the area of rental services according to Law 38/2003, etc.
          • 6.3.3 The Lessor is aware of and accepts that the income earned from leasing the Motor Vehicle through the Application is subject to tax. It is the Lessor’s responsibility to check any tax obligations and give all the statements required by the tax authorities.
          • 6.3.4 The authorisation to receive the Price for Use and any amounts owed by the Driver to the Lessor. By concluding the Agreement and according to these General Conditions, the Lessor authorises Perpetoo to receive the Price for Use from the Driver and any other amounts which must be paid by the Driver in case of an extension of the rental period or a larger number of kilometres than initially agreed, traffic/parking fines, other charges (bridge, highways, excesses, car wash, fuel and translation of documents in case of damages etc.), or any other compensation which the Driver may owe to the Lessor or to Perpetoo under the Rental Agreement, its Annex 1 and these General Conditions.
          • 6.3.5 The Lessor understands and accepts that the Lessor may not ask other price than indicated in his offer in the Application. The Lessor acknowledges and agrees that Perpetoo does not intervene in the Price for Use which has been chosen and which is entirely at the decision and within the responsibility of the Lessor. Perpetoo can make competitive recommendations so that the Lessor may make the best decision on the Price for Use to ask.
          • 6.3.6 The Lessor agrees that the Lessor is fully responsible for the listed Motor Vehicle. Consequently, the Lessor declares and warrants that no Motor Vehicle which the Lessor has listed violates any of the rules in force or the agreements with third parties. Perpetoo cannot be held liable for violation of any agreement concluded between the Lessor of a Motor Vehicle and a third party, and also not for any failure by the Lessor of the Motor Vehicle to fulfil his/her obligations to third parties or for any other violation of applicable laws, rules and regulations. ATTENTION! For the Vehicles that benefit from the insurance during the rental period offered by the Perpetoo Partner Insurer, the Lessor agrees that he is fully responsible for the correctness of the data (from the Vehicle registration certificate) that he fill in the Application. Otherwise, the Certificate of Insurance issued for the reservation will not be valid.
          • 6.3.7 For the Vehicles that benefit from the insurance during the rental period offered by the Perpetoo Partner Insurer, the Lessor agrees that it is fully responsible for starting the process in order to open the damage file within a maximum of 30 days from the damage report. Otherwise, Perpetoo reserves the right to return the excess/warranty in full to the Driver.
          • 6.3.8 The Lessor knows and agrees that it is the Lessor’s obligation to comply independently with all tax obligations and pay all duties and charges owed to the state and to other parties as a result of the income made by using the Application. Perpetoo is not responsible for calculating and executing tax obligations, and the payment of duties and charges is fully the Lessor’s responsibility.

        CHAPTER 7 – THE RENTAL PRICE

          • 7.1 The Rental Price consists in a fee for using the Motor Vehicle, calculated per day or per hour, with a specified maximum mileage included in the price displayed.
          • 7.2 For the use by day, the Rental Price of a Motor Vehicle is set freely by the Lessor of the Motor Vehicle. There is the possibility to set differentiated rates depending on the number of rental days.
          • 7.3 For the use by hour, the Rental Price of a Motor Vehicle is set automatically by the Application depending on the Rental Price per day set by the Lessor of the Motor Vehicle.
          • 7.4 Perpetoo reserves a right to make recommendations to the Lessor on the choice of a competitive price. Perpetoo reserves a right to make automatically offers and promotional discounts to support the Lessors or the Drivers.
          • 7.5 The Rental Price may be supplemented by additional costs, in which situation the Driver asks for and the Lessor may make available additional equipment, such as, but without being limited to child seat, suspended box etc.
          • 7.6 The insurance premium. Once the Rental Price has been paid, Perpetoo also collects the insurance premiums for the booked Motor Vehicle to cover the insured risk throughout the insured period according to the insurance conditions. The insurance, which guarantees the risk cover of the Motor Vehicle during its use, is made available by the Insurer through Perpetoo. The details referring to the insurance of the booked Motor Vehicle may be seen in the Application and in Annex 1 of these General Conditions - The insurance policy in case of accident, theft or other damage caused to the Motor Vehicle. ATTENTION! It only applies to Motor Vehicles that will benefit from insurance from the Perpetoo Insurance Partner, exclusively during the Perpetoo rental period.
          • 7.7 The excess/warranty. Once the Rental Price has been paid, Perpetoo also collects the amount of the excess/warranty for the booked Motor Vehicle. This amount shall be repaid to the Driver at the end of the booked period under the terms of the insurance and these General Conditions. If no damage is found at the end of the hire, the entire amount of the excess/warranty shall be paid back by Perpetoo to the Driver. In case of damage more than the amount of excess, the excess/warranty shall be transferred by Perpetoo to the Lessor, and the Insurer shall compensate for the rest of the sum. In case of damage less than the amount of excess, the excess/warranty shall be distributed by Perpetoo, based on the supporting documents of the repair workshop homologated by RAR, to the Lessor and the Driver. ATTENTION! When the excess / warranty is returned by Perpetoo, the amount is sent to the card issuing bank, following which the bank will allocate the amount to the Driver's account, within a period established by it. The allocation of the amount can take between 48 hours and 30 days, depending on the bank issuing the card. The term is not controlled or influenced by the Perpetoo Application.

        CHAPTER 8 – PAYMENTS, RIGHTS AND OBLIGATIONS OF PERPETOO

          • 8.1 Payment methods. Perpetoo and the Lessor agree that all payments made by the Driver (including contractual penalties, the insurance premium or the excess/warranty) under this Rental Agreement and these General Conditions shall be paid directly to Perpetoo. However, Perpetoo is not the final receiver of these amounts. Perpetoo shall pay to the Lessor, without undue delay, the Rental Price of the Motor Vehicle minus the Remuneration owed to Perpetoo, within maximum 5 days after the end of the rental period, the return of the Motor Vehicle and the upload in the Application, by the Lessor, of a copy of Annex 1 of the Rental Agreement, signed both by the Lessor and the Driver. The contractual penalties and the compensations for damages shall be paid without delay at the time when they are credited in the Perpetoo account.
          • 8.2 Remuneration. For the intermediation made based on the Agreement, Perpetoo is entitled to Remuneration from the Lessor, calculated by applying to the Rental Price set by the Lessor a percentage set by the Parties and accepted by the Lessor in its user account in the category Special Conditions for Renting Motor Vehicles through the Perpetoo Application. The Remuneration shall be withheld by Perpetoo from the Rental Price. The details referring to the Remuneration shall be available for every Lessor in their user account in the Perpetoo Application, under the name Special Conditions for Renting Motor Vehicles through the Perpetoo Application, as part of the unnamed Agreement between Perpetoo Drive SRL and the Lessor.
          • 8.3 The due date of the Remuneration. The Remuneration for Perpetoo is due immediately after the payment of the Rental Price by the Driver.
          • 8.4 Restricting/suspending the provision of the Service. Perpetoo reserves a right to restrict or suspend the right to the provision of the Service without prior notice, including by making the entire Application inaccessible or cancelling a user account, especially if Perpetoo suspects that the Lessor/Driver acts illegally or that these General Conditions have been violated or in other cases which give the right for Perpetoo to withdraw from the Agreement.
          • 8.5 Moreover, Perpetoo is entitled to restrict or to interrupt the provision of the Service for a period necessary for the maintenance or repair of the equipment, the Application or any other product, which is necessary for the provision of the Service.
          • 8.6 Changes to the Application. Perpetoo reserves a right to change the features of the Application at any moment, including by making it inaccessible, with no compensation and no prior notice. Perpetoo shall inform the Users about these changes by publishing them in the Application or by any other means which are considered appropriate by Perpetoo. The User is not required to download the updated Application, but in this case Perpetoo cannot guarantee the functionality of the Service.
          • 8.7 Marketing communications. The Application may also include marketing communications which promote products or services from various entities, a fact of which the Driver/Lessor has taken note and expresses their agreement thereto through these General Conditions. Perpetoo may inform the Driver/Lessor about its new services throughout the term of the Agreement, based on this consent, which may be withdrawn by the Driver/Lessor at any time in accordance with the applicable law.
          • 8.8 Assignment of rights and obligations. Perpetoo has the right to assign at any time any rights or obligations arising from these General Conditions or from the entire Agreement to a third party, without the consent of the Driver/Lessor.
          • 8.9 Monitoring the Application. Perpetoo is entitled to use technical means to monitor the Application, so as to keep it secure and react to any possible threats. No specific user data are saved this way, except for the data provided during registration and in accordance with these General Conditions and Annex 3 - Privacy Policy.

        CHAPTER 9 – INSURANCE AND LIABILITY

      • ATTENTION! Article 9 applies only to Motor Vehicles that will benefit from insurance from the Perpetoo Insurance Partner, exclusively during the Perpetoo rental period.
          • 9.1 The Perpetoo Service includes the insurance of every Motor Vehicle throughout the term of the Rental Agreement based on which the Motor Vehicle is hired. The insurance shall become effective at the time of handover of the Motor Vehicle by the Lessor to the Driver and is valid for the period booked through the Application.
          • 9.2 The Insurance Certificate. The Insurance Certificate includes, in addition to the insurance of the Motor Vehicle, the general accident insurance for the driver and the people in the car. The degree of insurance is specified in the Insurance Certificate received via email by the User at the time of confirmation of the payment and the booking. The Driver and the Lessor are required to acquaint themselves with the Insurance Certificate and its conditions.
          • 9.3 In case of damages, the Excess shall have been paid by the Driver, according to the insurance conditions, ever since the initial payment for confirming the booking.
          • 9.4 The insurance is obligatory and automatically concluded without any other formalities at the time when the full payment for the booking is made through the payment system available in the Application.
          • 9.5 The insurance made at the time of booking the Motor Vehicle does not cover the Users (the Driver and the Lessor) for damages which did not occur within the rental period according to the booking in the Application (from the day and time of pick-up until the day and time of return, with an accepted safety margin of 1 hour at most) and is valid only in Romania, as specified in Annex 1B, part of these Terms and Conditions.
          • 9.6 The maximum duration of insurance. Only short time hires may be insured. Therefore, no contract of use will exceed 30 consecutive days. In case that the Driver and the Lessor of the Motor Vehicle agree to extend a booking, which has already begun for more than 30 days, they must conclude a new Rental Agreement through the Application. The total duration of a series of successive hires may never exceed 3 months without the Lessor of the Motor Vehicle regaining full use of their Motor Vehicle. Failure to comply with these conditions with regard to the duration of hire shall lead to the automatic loss of insurance cover.
          • 9.7 Exclusion from insurance. In particular, the following events in connection with the use of the Motor Vehicle are excluded from insurance according to the Insurance Certificate received: damage to those components of the Motor Vehicle which were already damaged at the time of making the insurance, mentioned in Annex 1 of the Rental Agreement or which come out from the pictures taken by the Users; damage caused if the Motor Vehicle was driven or acted on, at the time of the accident, by a person who has no valid driving licence for that category of motor vehicles or has their driving licence suspended, annulled or withheld for annulment or suspension, without having a provisory driving authorisation or if such authorisation expired; use under the influence of alcohol or substances; use in conflict with the purpose set by the manufacturer, use on race circuits or in any official or non-official race; a Motor Vehicle which is not operational. ATTENTION! According to the insurance conditions, vehicles older than 7 years are not covered by roadside assistance in case of technical failure. The move with a platform and its payment will be the responsibility of the Lessor. If desired, the Driver may take the Motor Vehicle to a workshop to remedy the temporary technical failure. If desired, the Driver may also pay the amount of the technical failure remedy. In this case he will have to keep all the supporting documents so that he can be refunded by the Lessor the amounts of money paid for the transport and/or the repair of the technical failure. The Lessor will be responsible for the reimbursement to the Driver of the expenses that are not covered by the insurance (eg. the expenses with the platform and / or the workshop).
          • 9.8 The procedure in case of occurrence of an event is presented in Annex 1 of these General Conditions – The insurance policy in case of accident, theft or other damage caused to the Motor Vehicle.
          • 9.9 Driver’s liability. The Driver shall be liable for any damage caused as a result of using the Motor Vehicle, meaning damage which is not covered by the insurance under the Rental Agreement, including the payment of the excess. The Driver is required to cover any harm caused to the aggrieved party and any kind of damage caused by his/her use of the Motor Vehicle.
          • 9.10 Limitation of Perpetoo’s liability:
            • 9.10.1 Perpetoo Drive SRL shall not be liable for any damage caused as a result of a violation of contractual and/or legal obligations by the Driver or by the Lessor or for damage which will be caused if the Motor Vehicle is used contrary to legal regulations and/or these General Conditions.
            • 9.10.2 Perpetoo Drive SRL is not liable for any illegal actions committed by the Driver when using the Motor Vehicle and is also not liable for the conduct of the Lessor/Driver, and Perpetoo Drive SRL cannot be held liable for any kind of damage which might be caused by such actions and conduct. Perpetoo Drive SRL cannot be coerced and has no liability with regard to fines or any other amounts due for inappropriate use of the Motor Vehicle, the theft of the Motor Vehicle or any other harm caused by the Driver/Lessor through their own actions and in connection with the Rental Agreement.
            • 9.10.3 Perpetoo Drive SRL is not responsible for calculating and fulfilling the tax obligations of the Lessor and the payment of any charges in connection with the Rental Price is fully the responsibility of the Lessor.
            • 9.10.4 Perpetoo Drive SRL is not responsible for the compliance of the Lessor/Driver with the legal provisions in force, the Lessor/Driver being required to pay off all damages, fines, charges which might be requested as a result of a violation by the Lessor/Driver of any legal provision in force.
            • 9.10.5 Perpetoo Drive SRL cannot be held liable for the incorrect functioning of the Application, the Service, including the lack of available Motor Vehicles, for the refusal of booking requests by Lessors of the Motor Vehicles or for ratings given between Users.
            • 9.10.6 Perpetoo does not warrant any guarantees with regard to the Application, the Service or the recommendation programme. The User is responsible for his/her choice to use the Service and the Perpetoo Application.
            • 9.10.7 The User agrees that Perpetoo has no obligation to carry out a check of the Motor Vehicles listed by the Lessors, and Perpetoo performs this operation aleatory. Perpetoo reserves a right to check such entries at its own discretion. Perpetoo carries out such checks in order to provide the best conditions for using the Service and the Application.
            • 9.10.8 Perpetoo is not responsible for checking the identity documents of Users or the existence and validity of driving licenses. The Users must check the identity of their co-contractor, the documents of the Motor Vehicle, the driving licence and the means of electronic payment (bank card) of the Driver at the time when the Motor Vehicle is picked up and make sure that they are exactly as those received through the notice in the Application at the time of confirmation of the booking and as recorded in Annex 1 of the Rental Agreement.
            • 9.10.9 Perpetoo is not responsible for checking the information entered by the Users in their lists and ratings. The User is considered the sole author of the content of the User’s lists and ratings, and the full responsibility relies with the User. Perpetoo cannot be held liable for any kind of forgery, inaccurate or erroneous information uploaded by a User in the Application.
            • 9.10.10 In no circumstances can Perpetoo be held liable for direct or indirect damages which may be caused by its website, mobile applications or any part of its Service, for the unavailability of the website, mobile applications or any part of the Perpetoo Service.
          • 9.11 The security of the Application. Users have been informed of and accept that, although Perpetoo Drive SRL has made every effort to ensure the security of the Application, communication via the internet may not be secure, and the transferred data may be pirated or lost. Users have been informed of and accept that, during the use of the Service or of other online services, there may be certain applications by which any third person may get access to their mobile device. Perpetoo Drive SRL shall not be liable for any kind of damage arising from or otherwise connected with this third-party access to Users’ mobile devices. Only the Driver/Lessor shall be responsible for the security of their devices against unauthorised attacks.

        ACHAPTER 10 – DISPUTES AND THE GOVERNING LAW

          • 10.1 In case of any dispute with regard to the interpretation or the performance of these General Conditions, the Agreement, the Rental Agreement and its Annex 1, the parties undertake to look for an amicable solution. If no amicable solution is possible, the dispute shall be settled by the competent courts of law and according to the laws of Romania.
          • 10.2 If requested by a competent authority or by the Users, Perpetoo Drive SRL may assist in solving any possible dispute arisen between the Lessor and the Driver. To that end, the Driver and the Lessor agree that all the data saved in the Application may be used for solving disputes.
          • 10.3 These General Conditions, the Agreement, Rental Agreement and its Annex 1, as well as all relations in connection with them shall be governed by the Romanian law.

        CHAPTER 11 – AMENDMENT OF THE GENERAL CONDITIONS

          • 11.1 Perpetoo reserves a right to amend and update these General Conditions and has the obligation to inform the Users through the Application or by any other appropriate means with regard to any change of these General Conditions at least 5 days before their entry into force. The new version of these General Conditions shall be available in the Application.
          • 11.2 The Users may object to the new version of the General Conditions within 30 days from the amendment notice. After that period, all the amendments shall be considered to have been accepted. If a User does not accept the new General Conditions, the User must immediately stop using the Application and the Service. The amended or updated version of the General Conditions annuls and replaces all previous versions.

        CHAPTER 12 – FINAL CLAUSES

          • 12.1 The up-to-date formulation of these General Conditions is available in the Perpetoo Application.
          • 12.2 If a provision of these General Conditions is held to be invalid, null or unenforceable, such a provision shall be considered as being reworded so as to reflect as much as possible the initial intentions of the Parties in accordance with the governing law. The remaining provisions stay in force and shall produce effects.
          • 12.3 In case of a conflict between the wording of the Annexes of these General Conditions, these General Conditions, the Rental Agreement and its Annex 1, the following documents shall apply in the following order: (i) the provisions in the Annexes to Conditions; (ii) these General Conditions, and (iii) the Rental Agreement and Annex 1 thereto. In case of a conflict between the wording of the General Conditions and the Insurance Certificate, the Insurance Certificate shall prevail over any provisions in these General Conditions.
          • 12.4 The User may contact Perpetoo at the Contact section in the Application. In special situations, the User can do that by phone, at 0753 02 02 82, or by email, at contact@perpetoo.com.
          • 12.5 The User may contact UNIQA Asigurări in the unfortunate event of an accident throughout the hire period at the telephone number 0374 40 04 00 for advice on the damage; in case that the Motor Vehicle is not movable, the road assistance service may be asked by calling 021 20 19 062 or 031 73 09 962. The Service is available 24/7. ATTENTION! It applies only to Motor Vehicles that benefit from insurance from the Perpetoo Insurance Partner, exclusively during the rental period through Perpetoo.
          • 12.6 The Driver and the Lessor declare that they have become acquainted with these General Conditions, understood and confirmed them by concluding the Agreement, and the Rental Agreement and its Annex 1.

              • 12.7 The following are an integral part of these General Conditions:

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