Terms and conditions

1. Terms and general conditions

1.1. In order to be able to rent a car, THE CUSTOMER must have a national or international driving license, valid for at least 2 years and present the identity document and a credit card, valid and issued in his name.

1.2. THE CLIENT is directly responsible for obtaining and holding all necessary documents, including, but not limited to the driver’s license, from which the right to travel on public roads in Romania, TOP WAGEN being exonerated of any liability in this respect.

THE CUSTOMER expressly assumes full responsibility for the rental of a vehicle and its driving on the territory of Romania by expressly stating that he has all the necessary documents in his possession, including an international driving license, in cases where the possession of such a license is mandatory according to the law.

The cases in which the law provides for the obligation to hold an international driving license for driving a vehicle on the territory of Romania (according to Article 83 of 2 of GEO 195/2002), Are: (i) where the applicant holds a national permit issued by a non-EU Member State; (ii) where the applicant holds a national permit issued by a State which is not a Member of the Vienna Convention on Road traffic; Or (iii) where the applicant holds a national permit issued by a State with which Romania does not have a Treaty on mutual recognition of motor licenses.

THE CUSTOMER will obtain the right to use the car on the basis of the national driving license from which the date of obtaining the right to drive will be shown.

1.3. In order to rent and drive a car under standard conditions, the minimum mandatory age is 23 years. Also, both the main driver and the additional drivers must have a valid driving license, with a minimum of 24 months old.

2. Vehicle payment/ reservation

2.1. The fees are established and stated in euro/day and include: VAT, RCA insurance (motor liability insurance), Rovigniette, national road assistance, car oil and maintenance, suitable tires, depending on the season (Tires suitable for the winter season from 01 November to 31 March and tires suitable for the summer season from 01 April to 31 October), 24h/24h technical support.

2.2. The fee does not include: Fuel cost, road taxes, any fines received for violation of road traffic rules and national legislation in force, bridge crossing fees, airport parking fees, etc. the payment of these amounts is the responsibility of THE CUSTOMER.

2.3. Full payment can be made in advance, by bank transfer and through the website www.topwagen.ro or at the time of signing the lease agreement by debit/credit cards (visa, MASTERCARD), in RON (for Romania) calculated at the exchange rate of sale of Banca Transilvania + 1% from the day of payment.

Cancellation policy for a confirmed and prepaid booking

A booking paid in advance, by bank transfer or with a card (visa, MASTERCARD) on this website may be canceled under the following conditions:

a) If the date and time of pick-up of the car is more than 24h from the date of cancellation, the entire amount paid in advance (within maximum 5-7 working days), MINUS 20 euros, will be refunded to the customer’s account. The EUR 20 represents bank fees + rental logistics costs.

b) If the date and time of pick-up of the machine is less than 24 hours from the date of cancellation, the amount paid in advance shall NOT be returned. The client will receive a voucher credit for the entire amount that he will be able to use on a future booking.

* If THE CUSTOMER wishes to cancel his reservation and wishes to keep the amount paid in advance for a subsequent booking, this can be done by issuing a voucher credit.

All cancellations of reservations paid in advance by bank transfer will be announced in writing at the email address contact@topwagen.ro

2.4. The car reservation is considered safe only after THE CUSTOMER has accepted the rental offer and after THE CUSTOMER has received the “booking confirmation” and the unique booking code by e-mail.

2.5. The reservation will be confirmed for a class/category of car and not for a specific car. Top Wagen CANNOT guarantee a particular brand, model, engine or color of the car.

2.6. If at the time of delivery Top Wagen does not have available a car of the class for which it confirmed its reservation, then it will deliver a car of the class immediately above the class of the originally booked car, at no additional cost.

3. Delivery/returning of the vehicle

3.1. The rented car will be handed over with a copy of the original of the registration to prevent any missuse.
Top Wagen SRL undertakes to make available to any state institutions, upon request, the original registration, within 48 hours.3.2 The car is delivered in good working condition, clean and hygienic, without defects and without damage to the body or interior, other than those highlighted in the vehicle delivery / return Sheet.

3.2. The CUSTOMER acknowledges and verifies the condition of the car before signing the Rental Agreement, and any complaints regarding its condition will be made mandatory on delivery and will be recorded in the Car delivery / return Sheet, THE CUSTOMER being directly and fully liable for any damages not mentioned. No complaints/objections to the condition of the vehicle are accepted after delivery.

3.3. The CUSTOMER undertakes to return the car together with all documents, keys, accessories and equipment in good condition (in the condition in which he took them), at the place and date agreed in the Rental Agreement.

3.4. At a delay of more than three hours from the time specified for the return of the car in the Rental Agreement, THE LESSOR reserves the right to inform the Police about the theft of the car, unless THE CUSTOMER notifies top WAGEN of his wish to extend the rental period.

3.5. In case of returning the car in excessively dirty condition, at night and / or in unfavorable weather conditions, when identifying possible damage is impossible, the car check will be done within a maximum of two working days, After THE LESSOR had all the conditions to inspect the car. The customer assumes responsibility for any damages caused during the rental period until the return sheet is issued.

3.6. Delivery and return of the car will be carried out during the TOP WAGEN working hours (00:00 – 23:59). If the delivery or return takes place outside these hours or during days qualified as legal holidays, a fee of 10 euros will be charged for any action of delivery or return outside of business hours, Respectively 25 euro for delivery or return during days qualified as legal holidays.

Returning the car to a city other than the one from which it was delivered is possible only with the written consent of top WAGEN and depending on availability of dislocation. For this service, a discount fee called “one way Rent” is applied depending on the city where the car is intended to be returned. The rates of this service are shown below:

  • Bacău: 40€
  • Botosani: 30€
  • Piaţra Neamţ: 33€
  • Paşcani: 20€
  • Suceava: 40€
  • Vaslui: 25€

3.7. If the vehicle shows damage on return it is mandatory to present the following documents:

  • amicable finding on the spot or a report issued by the Police and the repair authorization (in case of accident or damage with the identified third party, whether you are responsible or not);
  • copy of the driving license;
  • copy of identity documents;
  • copy of the RCA insurance;
  • copy of the third party involved car registration.

Otherwise, complementary insurance and additional protection services, if concluded, are inapplicable and you will be liable for all damages attributable to you, in particular those suffered by the vehicle, within the market value of the vehicle, plus the costs and costs related to its transport and immobilization, but also damages that cover the damage that may have caused to a third party.

4. Use of the vehicle

4.1. THE CLIENT assumes full liability (financial, civil and criminal) for non-compliance with the conditions stipulated in the rental agreement.

4.2. THE CUSTOMER undertakes to drive the car in compliance with all legal provisions regarding driving a car on public roads and accepts that the car will not be used:

a) in contravention of traffic, customs, legal rules, etc.;
b) for the carriage of passengers or any kind of goods for remuneration or for the purpose of pushing or towing any other vehicle, trailer or other object;
c) while the driver of the car is under the influence of alcohol, drugs or any other prohibited substances;
d) in any kind of race, test, contest, off-road, as a school car or hunting activities or in any illegal activity;
e) on roads marked as closed to public traffic, loaded above the maximum permissible load or above the maximum number of passengers, specified in the car registration;
f) in any kind of illegal activity;
g) in flooded areas or when crossing watercourses;
h) other than according to the instructions and recommendations of the car manufacturer that THE CUSTOMER receives when it is delivered.

4.3. The car will be used EXCLUSIVELY on the territory of Romania!

4.4. The car may be driven only by the signatory of the lease agreement or only by a person specified in the lease agreement and authorized by top WAGEN.

4.5. THE CUSTOMER will not leave in any circumstances the doors, windows, luggage compartment or car open and will not leave the car keys or documents in the car under any circumstances.

4.6. In case of failure or any other damage, the repair of the machine must be done by an authorized service designated by THE LESSOR, only with the knowledge, consent and on the basis of the LESSOR’s instructions.

4.7. THE CUSTOMER may under no conditions sell, rent or guarantee by car.

4.8. In case of accident/incident or malfunction, THE CUSTOMER has at his disposal THE telephone number for NON-stop technical assistance 0040 755 156 757 undertakes to inform THE LESSOR without delay, who will assist him and provide the necessary instructions.

5. Insurances/responsabilities

5.1. The car is insured for damages caused to third parties during the period mentioned in the rental agreement.
By signing the lease agreement, THE CUSTOMER accepts the terms and conditions of the collision damage waiver (CDW) covered by sections 4 and 6 and which reduces, regardless of the part to blame for the insured event, Financial responsibility of the client at a minimum amount mandatory for the theft or damage of the rented car. The minimum mandatory amount is the insurance franchise (excess) / road event which is the equivalent of the security covered by Section 6 below

5.2. Personal insurance of THE CUSTOMER, passengers, baggage or any goods is not subject to the rental agreement nor is it covered by the car insurance. THE LESSOR is not responsible for any damage or damage to the above.

5.3. If, as a result of the use of the car, claims are raised against THE LESSOR, THE CLIENT shall exempt THE LESSOR from any liability. THE LESSOR is not liable for any damages or losses of THE CLIENT and for any damages or damages caused by THE CLIENT’s fault.

5.4. In case of accident, total or partial theft or destruction of the car during the period when the car is in use BY THE CUSTOMER (regardless of whether the event occurs solely or jointly by the customer or not), the act confirmed by the competent authorities, THE CLIENT is liable with the amount withheld as a guarantee, except in cases where the damages caused in the event of accident, total or partial theft or destruction are not covered by the insurance policies, being expressly excluded and mentioned as such in the rental agreement.

5.5. The guarantee will not be returned, or will be refunded only partially in the cases expressly provided for in Articles 6.4 and 4.6 of the Rental Agreement.

5.6. The guarantee may constitute an insurance franchise for situations where the insured risks arise from THE FAULT OF THE CUSTOMER. THE CUSTOMER is fully responsible and must pay all damages, costs and/or losses if the driver is under the influence of alcohol or drugs, If any of the conditions of this contract has not been met, as well as if they do not present the necessary documents issued by the Police (in case of theft, accident or any other incident).

5.7. In case of criminal offense, the CLIENT is civil, criminal and financial liable. In case of theft, if THE CLIENT does not hand over the keys and documents of the car, as well as the proof of theft (the record of findings) issued by the police, THE CLIENT is fully responsible: Financial, civil and criminal, all insurance losing its validity in this situation.

5.8. Failure to comply with the obligations referred to in the above paragraph shall terminate the effect of the insurance and the liability for the damage incurred shall rest entirely with THE CLIENT, including the income not realized during the period of immobilization of the rented car.

TOP WAGEN shall not be liable except for the wrongful acts committed with guilt by exercising the service made available TO THE CUSTOMER, except in situations where the damage was caused by THE CUSTOMER, with intent or serious fault, when the damage was caused by THE CUSTOMER’s health or the act of a third party.

Damages caused by mere imprudence or negligence shall exempt top WAGEN from liability to the fullest extent possible and THE CUSTOMER understands to be solely responsible for damages caused directly or indirectly, partially or totally by his behavior, waiving any claim of any kind from TOP WAGEN.

6. The Deposit/ “RISK 0” Service

6.1. When drawing up the Rental Agreement, the CLIENT must block a Guarantee on a credit card in his name in the amount between 500€ and 1500€.

6.2. The amount blocked as a guarantee is determined according to the class (category) of the booked car, highlighted in the Booking voucher (confirmation) and in the Rental Agreement, THE CUSTOMER knowing the value of the guarantee before the conclusion of the Rental Agreement.

6.3. The warranty will be fully returned TO THE CUSTOMER if:

a) the car is returned without damage, other than those highlighted in the vehicle delivery / return Sheet, under the “delivery” section;
b) the car is not returned excessively dirty (details in Article 8.3);
c) the car was returned with the same amount of fuel with which it was delivered, highlighted in the rental agreement or in the delivery / return of the car;
d) accessories (e.g. GPS, child seat, snow chains, etc.) handed over with the car at the time of delivery, to be returned in working order, without damage or defects, other than those highlighted in the delivery / return of the car in the “delivery” section;

6.4. The total amount representing the Deposit or a part of it shall not be reimbursed if:

a) The vehicle has faults or damage: Scratches or damage to the paint, bodywork or interior (upholstery, dashboard, etc.), bent, cracked or scratched wheels, defective tires, All cracks and scratches on the windshield or other types of glass (headlights, mirrors, rear lights), missing or broken parts or any other damage and defects other than those highlighted in the vehicle delivery/return Sheet, under the “delivery” section. The quantification of damages will be done by reference to the international online service EUROTAX, and top WAGEN has the obligation to make available to THE CLIENT, in electronic form, by e-mail, at the address mentioned in this contract, an extract of the EUROTAX report, prior to the moment of the claim of the guarantee amount. The customer declares that he agrees with this impartial method of quantifying damages.
b) THE CUSTOMER does not return the keys, documents and any other accessories received with the car when it is taken over;
c) The return of the car is not made at the time and place established between the parties (except when THE CUSTOMER notifies THE LESSOR and THE LESSOR gives his written consent to the change of the date and place of return of the car);
d) Upon returning the car, Its technical condition does not correspond to that at the time the CUSTOMER takes over or if the gearbox or engine is in damage due to improper use, either visible and recognized by THE CUSTOMER, Be ascertained by the authorized service evaluation within 48 working hours from the moment of return of the car, THE CUSTOMER has the right to be informed by e-mail, at the e-mail address provided in this contract, about the time and place of the assessment, in which he has the right to participate;
e) THE CUSTOMER has not complied with the above conditions or other obligations imposed upon him by signing the lease agreement, as a result of which the car was damaged;
f) If the rented car is returned with damages other than those highlighted in the Auto delivery / return Sheet, In the “delivery” section, the customer has the obligation to submit upon returning the car the record of the finding, Annex 2 (for the insurance company), as well as the Repair authorization (all with the signature of the police officer and the stamp of the police station). Otherwise, the entire guarantee will be charged.

6.5. The risk 0 service can be purchased at the rate mentioned in the rental agreement, calculated according to the number of rental days and the class of the car reserved, with a value between 8 and 100 euro / day, and represents an optional commitment of THE CUSTOMER by which he:

a) Reduces its financial responsibility to 0 in case of damage by its own fault or by the fault of an unknown author!
b) Benefits of non-stop roadside assistance on the territory of Romania.

6.6. The risk 0 service DOES NOT COVER situations where THE CLIENT:

a) has driven under the influence of alcohol, drugs or any other substances prohibited by law;
b) did not stop the car IMMEDIATELY after an accident / incident causing additional damage / damage to it;
c) in case of accident, did not notify the police or other competent bodies and did not obtain the report of the finding;
d) has not announced within 4 hours TOP WAGEN about the road event produced and has not completed the declaration on the return of the car on its own responsibility regarding the circumstances of the accident / incident;
e) used the car for illegal / illegal purposes, such as smuggling, illegal transport of goods or goods, theft, etc.;
f) drove the vehicle with the load exceeded, used the car to push or tow other vehicles, trailers or other objects or transported persons over the maximum capacity of the car, contrary to the registration certificate;
g) drove the car on unmarked roads on the Official Map of Romania, unpaved or injured (forest), on roads closed to public traffic, in flooded areas or when crossing water courses, resulting in damage / damage to the rented car;
h) used the car in contests, races or car tests resulting in damage / damage to the rented car;
i) has used the car inappropriately (contrary to the manufacturer’s specifications) or destructively, which has resulted in damage to the engine, gearbox, wheels, tires or interior space of the car;
j) in case of theft of the car, when it does not hand over to TOP WAGEN the keys and documents of the car, when it does not hand over the proof of theft (the minutes) drawn up by the competent police bodies and the affidavit regarding the circumstances of the event;
k) drove outside the borders and territory of Romania, without the PRIOR written consent of THE LESSOR;
l) allowed, with his will or without his will, the driving of the car by a person not authorized by TOP WAGEN through the rental contract, demonstrated by the official documents drawn up by the competent authorities as a result of an accident / incident;
m) has supplied the car with fuel other than that indicated by the manufacturer (noted in the registration certificate) and highlighted on the outer and inner side of the tank cover, which entails the obligation OF THE CUSTOMER to fully bear the cost of towing, repair, refueling, the period of time the car is immobilized in the service due to the damage caused and the administration fee (representing administrative costs such as human resources, time, fuel, taxes, etc. for the management and resolution of the case);

If THE CUSTOMER has purchased the RISC 0 Service and caused a damage / damage to the original rented car, upon receiving a replacement car will have to pay the value or difference of the RISC 0 Service, as the case may be, for the new car received, at the tariff mentioned in the contract, Otherwise, TOP WAGEN will block a Standard Warranty for the class (category) of the booked car.

7. Accidents/incidents, malfunctions or theft

In case of accident/incident or theft/attempted theft proven by Official document issued by the competent authorities, THE CLIENT has the following obligations, regardless of whether or not he purchased the risk 0 Service:

a) not to abandon the vehicle and comply with the legislation on leaving the scene of the accident.
b) take all possible measures to limit the damage.
c) to inform the Police of the locality where the accident/incident occurred without delay in order to ascertain the accident/incident and to execute the legal procedures.
d) to inform THE LESSOR about any accident/incident, fire, Theft or attempted theft even if the damage is only partial, at the available NON-stop assistance number 0040 755 156 757 within 4 hours of the accident/incident.
e) drawing up the amicable finding document or obtaining the report of the finding from the Police, Annex 2 (for the insurance company), As well as the repair authorization (all signed by the policeman who drew up the report of the finding and the stamp of the police station).
f) to hand over to THE LESSOR the keys and documents of the vehicle as well as the documents mentioned above (point e).
g) to hand over to TOP WAGEN representatives when returning the vehicle the accident/incident statement (Available in the glove box of the vehicle) completed according to the reality regarding the circumstances in which the incident with the rented vehicle took place.

8. Taxes / penalties

8.1. The first hour of delay from the time of return is free of charge. The delay of more than 1 hour is sanctioned with the equivalent of a new rental day, plus the equivalent of additional services, at the rates stipulated in the rental contract.

8.2. The guarantee may constitute an insurance franchise, for situations where the insured risks occur, only in cases where the fault of the incident belongs to THE CUSTOMER and/or are caused by unknown authors, except when THE CUSTOMER pays the risk 0 Service, He is no longer liable for the cases where the fault of the damage/incident belongs to him, under the conditions described in Chapter 6 of the Rental Agreement.

8.3. The rental price and also the guarantee are calculated on the basis of the prices made available TO THE CUSTOMER in the rental agreement and will be paid in advance upon delivery of the car. The payment made at the time of rental may under no circumstances be used to extend the rental period. If THE CLIENT wishes to extend the rental period, he must obtain the WRITTEN approval of THE LESSOR in advance and pay any extension of the lease in advance. If THE CUSTOMER does not pay the invoice on the date of issue, he will pay penalties of 0, 5% of the invoice value for each day of delay.

8.4. If the car is returned before the end of the rental period, the amounts paid in advance are not returned. Because we appreciate our clients, in this case a voucher equivalent to the unused value will be issued that can be used at any time at any of the top WAGEN agencies in Romania.

8.5. Parking fees, road charges, fines or any other charges are fully borne by THE CUSTOMER.

8.6. Fuel is not included in the rental price. THE CUSTOMER will return the car with the same amount of fuel that was delivered, highlighted in the delivery / return of the car, otherwise he will pay the value of the missing fuel plus a fixed refueling fee of 15 €.

8.7. Returning the car in excessively dirty condition is charged with 50€. The term “excessively dirty” means the situation in which the car requires thorough cleaning of its interior, i.e. more than the usual washing procedure. Examples: Stained upholstery, mud tracks on the board, seats or bench seat, perishable debris left in the car, other than in a household bag, etc.

8.8. SMOKING IS STRICTLY FORBIDDEN in all cars rented from TOP WAGEN. If the car is returned with evidence that there was smoke inside it, THE CUSTOMER will pay a penalty of 124 euros to top WAGEN.

If the car caught fire or even partial burns inside due to smoking, THE CUSTOMER is FULLY RESPONSIBLE for the damage caused, even if he purchased the risk 0 Service. THE CUSTOMER will pay all the damages caused to the car, highlighted in the repair estimate issued by an authorized service, the administration fee (representing the administrative costs such as human resource, time, fuel, taxes, etc. for the management and solving of the case) and the immobilization period. Car insurance DOES NOT COVER the damage caused by smoking!

8.9. Other fees or penalties: Loss of keys = 250 €; loss of documents = 200 €; loss of accessories = 70 €; refusal to complete the accident/incident statement (including in case of purchase of the risk 0 Service) = 150 €. If the car is not returned on the date and location set out in the rental agreement, THE LESSEE (THE CLIENT) will bear the full costs of recovering the car. A penalty fee of €1500 will be added to the recovery costs; €250 + the value of the trip for the situation when the car was supplied with a different type of fuel than the one indicated on the tank flap. The value of the trip is determined according to the location where the car is at that time.


TOP WAGEN reserves the right to subsequently charge from THE CUSTOMER’s bank card: Penalties, taxes, damages to the car, lack of fuel, fines, The period of time – the car is immobilized in service due to the damage caused (calculate the number of fixed days multiplied by the rates presented on the website www.topwagen.ro in the table in section 2.1 PAYMENT / BOOKING OF THE CAR ) plus a fixed administration fee of 85 € (representing administrative costs such as human resource, time, fuel, Taxes and fees, etc. for the management and resolution of the case). By signing the lease contract, THE CUSTOMER has acknowledged all the terms and conditions of the contract and agrees that subsequently TOP WAGEN SA can cash on its bank card within 1 year of signing the lease agreement, all the amounts stipulated in the lease agreement, but only in situations where these amounts are due in strict accordance with the contractual clauses.

9. Jurisdiction / validity

9.1. Any dispute that appears during the performance of the Rental Agreement and cannot be solved amiably, shall be solved by the competent courts.

9.2. The CLIENT consents that the Rental Agreement is governed by the legislation in force in Romania and any legal action shall take place in Romania. The CLIENT consents that any additions or amendments to this terms and conditions are null and void if not convened in writing and signed by both parties.

10. Force majeure and fortuitous case

10.1. The cases of force majeure shall be notified by the affected Party to the other Party within 3 business days from the occurrence. It shall be considered force majeure cases those unpredictable and unavoidable events irrespective of the fault of the Party that invokes it and which makes the obligations of this Party impossible to execute, for example: natural disasters, war, revolutions, embargo, public authority’s acts, etc. Proof of the force majeure case shall be made with the certificate of force majeure issued by the competent authorities.

10.2. If the force majeure continues for more than 20 business days, any of the Parties is entitled to request termination of the Agreement without the possibility for the other party to object, renouncing on the execution of the Agreement. In any case neither of the Parties have the right to claim compensation, but they have the obligation to execute all their obligations until the date when the force majeure case occurs.

10.3. “Fortuitous case” means a circumstance which has the origin in the activity area of the CLIENT or a circumstance of external origin which has no extraordinary character and may be predicted and prevented with the care and diligence of the most capable person.

11. Data protection

11.1. TOP WAGEN SRL (“TOP WAGEN”) will process the personal data provided by THE CLIENT before or during the course of the rental contract, in accordance with the applicable legislation in the field of personal data protection.

11.2. The categories of data we process. The categories of data that TOP WAGEN processes in relation to THE CUSTOMER differ depending on the stage of the rental contract, but these will include: Contact information (name, surname, home address, email address, phone number), identification information (identity card, passport, nationality, date of birth, driving license), information on the bank account, credit/debit card held.

11.3. We will process this personal data transmitted by THE CUSTOMER as an operator, for the purpose of concluding and performing the contract, invoicing the services offered by TOP WAGEN and their payment, but also for the settlement of requests, Complaints or for the fulfillment of the legal obligations of TOP WAGEN and for the sending of an email questionnaire in which TOP WAGEN requests THE CLIENT to evaluate the services offered. More details on how TO process PERSONAL data provided by THE CUSTOMER, the applicable purposes and legal grounds can be found in our privacy policy available on our website www.topwagen.ro

11.4. As an operator, we will take all technical security measures to protect the personal data provided by THE CUSTOMER against unauthorized access, destruction or loss. However, we mention that these data will be made available to the competent public authorities, when this will be mandatory according to the law.

11.5. THE CLIENT shall be obliged to ensure that the personal data transmitted are accurate, up-to-date and strictly limited to what was requested by TOP WAGEN for the conclusion and performance OF THE CONTRACT.

11.6. THE CLIENT benefits from the right of access, the right to data portability, intervention on data for their rectification or completion, the right not to be subject to an individual decision and the right to appeal to justice. At the same time, IN certain situations, THE CUSTOMER has the right to object to the processing of personal data concerning him and to request their deletion, or to request the restriction of processing.