General terms of operating lease of hermes auto geoup limited


LEGAL CONSEQUENCES OF THE TERMINATION OF THE CONTRACT



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13. LEGAL CONSEQUENCES OF THE TERMINATION OF THE CONTRACT

13.1. In the event of cancellation, respectively, any early termination of the contract due to the customer, HERMES has the right:

13.1.1. To keep all paid leasing fees and additional payments under the contract (termination always have prospective effect);

13.1.2. To collect from Clients all unpaid lease fees and all additional payments under these General Terms and all lease that are due by the Client and that are payable at the time of termination of the contract;

13.2. In the event of termination of the contract, the Client is also required to recover, if any, all damages to HERMES that arise from such termination, and in particular, claims related to the termination of the contract and the engagement of the Client to return the vehicle. The costs are but not limited to such as court and administrative fees, legal fees, costs of service and maintenance, costs for returning the vehicle, transportation costs and etcetera.

13.3. If the contract is terminated due to any default by the Client, HERMES is entitled, along with the rights under the previous two paragraphs, to receive an additional penalty for breach of contract by the Client, which equals the book value of the leasing object at the time of the termination of the contract.



14. VEHICLE SEIZURE

14.1. In all cases of early termination of the contract, the Client is obliged to return the vehicle in time and voluntarily to HERMES, and if such time is not specified – in the first working day after the termination of the contract. Exception to the rule in the preceding sentence is allowed only where early termination takes place by mutual written agreement between the Client and HERMES, and it explicitly states that the vehicle remains in the possession of the Client after the conclusion of the said agreement. If the Client fails to meet its obligation to return the vehicle on time voluntarily, HERMES confiscates the vehicle.

14.2. HERMES defines the address to return the leased vehicle to, and if such address is not specified, the respective vehicle should be returned to the address of the headquarters of HERMES. If, upon the return of the vehicle to HERMES, the Client has not removed any adjacent accessories and items, such as additional improvements to the vehicle that have been installed in accordance with the general conditions of the leasing contract, and that become an integral part of the vehicle, then the said accessories and/or improvements become property of HERMES without any compensation due. HERMES can undertake restoration of the previous state of the vehicle at the expense of the Client, if such restoration can lead to enhancement of the value of the vehicle.

14.3. The Client is obliged at his own expense to return the vehicle in perfect technical and operational status, taking into account normal operational amortization according to its mileage, along with all necessary and additionally installed accessories. The vehicle can be submitted with the relevant maintenance book, spare keys and keys with respective codes. Otherwise, the Client must pay HERMES for the damages a compensation and to remove at his own expense any damage to the vehicle evaluated by an authorized expert.

14.4. If after termination of the contract, the Client has kept the vehicle in its own possession, then the Client owes to HERMES a compensation that is equal to one monthly leasing installment for every month that started. the time after termination of the contract in which the client is kept car, customer due HERMES compensation equal to one monthly leasing fee for each month commenced.

14.5. If the Client does not return the vehicle after the termination of the lease, HERMES has the right to take all legal measures for recovery of their vehicle. HERMES can immediately declare the car as stolen / deprived of, to the police authorities and to take legal action against the Client, and etcetera. HERMES has the right to search for the vehicle by itself and to confiscate the vehicle when found. The Client shall reimburse all costs incurred due to these measures.

14.6. The Client agrees not to claim to HERMES any payment for damages due to decoding of the alarm system and other blocking systems in the vehicle that have been installed, without the written consent of the Lessor. The Lessor is not responsible for personal belongings that were left in the car at the time of the seizure, respectively for the forfeiture of the leased object.

14.7. Upon seizure of the vehicle, the parties sign a Protocol for the seizure of the vehicle, which should contain a record of the actual mileage and all visible defects in the car. If the Client refuses to sign the said protocol, it is signed by a representative of HERMES and one witness and becomes binding on the parties. involved


15. CHANGES TO GENERAL TERMS

HERMES the right to cmake changes to these GENERAL TERMS. Those changes become obligatory for the Client upon the Client has been notified of them by fax, e-mail are by any other suitable way, and if the Client has not raised any written objections against such changes within three working days upon the a.m. written notification.



16. CURRENCY OF THE CONTRACT

Unless otherwise agreed by the parties, they negotiate leasing fee in euros. Parties shall make all payments under the contract in Bulgarian levs at the Bulgarian National Bank exchange rate on the date of payment.



17. JURISDICTION

In the event of a dispute arising out of or in connection with the lease, the dispute shall be submitted to the competent court in Sofia or the Arbitration Court at the Bulgarian Chamber of Commerce - by choice of the plaintiff. In case of referral of the dispute to the AU of BCCI, its rules shall apply.



18. TRANSFER OF RIGHTS

HERMES may assign its rights and obligations under this Agreement to third parties, in which HERMES will not violate the contractual rights of the Client in any way. In this case, the Client cannot terminate the contract if the transfer of rights does not lead to a change in its contractual rights and obligations



19. EFFECTIVENESS OF THE CONTRACT

19.1. By signing this lease contract, of which these terms and conditions for leasing are an integral part, the Client undertakes all obligations arising from the said contract and the General Terms.

19.2. The Leasing contract enters into force with its signature by HERMES.

19.3. A preliminary examination of the customer's solvency and its positive result is a prerequisite for obtaining consent to conclude the contract by HERMES. The Client may not held HERMES responsible in any way for the failure to conclude a leasing contract due to negative results of the examination and HERMES assesses these results entirely at its own discretion.

19.4. HERMES has the right to ask the Client to record the leasing contract at the Central Pledges Register (SPR). The entry in the SPR acts as a guarantee of the right of ownership of HERMES and the execution of the obligations of the Client to HERMES.

19.5. The obligation of the Client under previous article is fulfilled when the Client to provides a notary verified consent to register the contract in the statutory form (application prepared in advance by HERMES). In fact, HERMES does the registering. All costs of registration, costs of the renewal and cancellation of the registration are borne by the Client.

19.6. The application for registration of the contract in the SPR can be done both at the time of conclusion of the lease contract, and at a later stage of the contract, if HERMES considers that there is need for it.

19.7. If at the time of application under the preceding article, the vehicle has not yet been handed over to the Client, then HERMES has the right to refuse delivery of the vehicle until the moment HERMES receives from the Client a notarized consent for registration of the vehicle in the said format.

19.8. If at the time of making the application under the preceding article, the vehicle is already delivered to the Client and the Client has not provided that said notarized consent for registration in the register within two weeks of receipt of the request for registration, then HERMES has all legal right to terminate the lease on the ground of Article 12.2 0.1 (default by Client)

20. OTHER CONDITIONS

20.1. The invalidity of individual provisions of the contract shall not affect the validity of the entire contract. In such cases, the parties will replace the invalid condition with a valid one respectively, i.e. with such that shall correspond to the objectives and purposes of the contract. In case of conflict between the contract and the general conditions of the lease, them contractual terms shall prevail/.

20.2. With present terms, the Client expresses his explicit consent of art. 4 par. 1 p. 2 of the Law on Protection of Personal Data. By this consent, the Client provides HERMES legal right to process Client data that is associated with the lease, at home and abroad. The Client has the right to receive such data three days upon a written request. The purpose of the data processing is to ensure higher quality of customer service and better internal organization of HERMES. For the entire duration of the leasing contract, the Client is obliged to submit HERMES a copy of Client’s 20.3. HERMES has the right to provide information on financial and property status of the Client or co-debtor, as well as data on legal transactions of guarantors, brokers, dealers, insurance companies, legal advisors and organizations for data exchange.

20.4. By signing of the leasing contact, the Client declares that his address designated in the contract for the purpose of correspondence, including telephone, fax and e-mail address are current and binding. The Client also declares that all messages sent to this address will be considered validly delivered to the Client in any case, where dispatch of these notifications can be verified, and that the date of the service should be the date of dispatch. Customer shall notify in writing HERMES of any changes in the address specified in the contract, no later than 10 days from the change of the address. Failing this obligation by the Client applies the preceding sentence about the last known address, and the Client should pay HERMES penalty amounting to 150 BGN.



20.5. The client is entitled and if the Clients complies with the requirements of paragraph 5.10 to request HERMES to make changes in the leasing contract and namely replacing the Lessee with another person. In this case, HERMES has the right in its sole discretion and after evaluating the solvency of the other person, to accept or reject the request of the Client. Nevertheless, the costs of inspection are borne by the Client if they exceed the amount of the fee under paragraph 5.10. If HERMES approves the Client’s request, the replacement shall enter into force after signing a tripartite agreement and only if the substitute person accepts fully and unconditionally all lease arrangements and general conditions to it.






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