GENERAL CONDITIONS FOR VEHICLE RENTAL
- To sign the lease agreement and issue the vehicle, you need two documents confirming the Tenant's identity or, in the case of companies, an excerpt from the National Court Register / excerpt from the business register (dated no later than 2 months) and two identity documents of the person / persons authorized / authorized to represent the legal person.
- Only the Lessee or a person indicated by him and entered in the lease contract as a driver can be a car driver.
- The driver must be at least 18 years old and have a category B driving license.
- The Lessee is obliged to present two documents confirming the driver's identity, including his driving license. If the driver is a person other than the Lessee, these documents may be presented in the form of photocopies.
- The Lessee is responsible for the actions of others driving the vehicle in the same way as for their own actions.
- The Lessee receives a technically sound vehicle without any defects or any damage, fully cleaned and ready for use (all comments regarding technical condition, internal appearance, external appearance and noticed damages are included in the vehicle delivery and return report).
- The Lessee undertakes to use the vehicle in accordance with its intended purpose, properties and manufacturer's instructions, as well as drive in accordance with traffic regulations. The Lessee may not use the vehicle for other purposes that go beyond the provisions of the lease agreement, and in particular for purposes not related to ordinary use, use of the vehicle, including participation in car events, car tests, driving lessons, transport of flammable loads, materials poisonous and dangerous, help in committing illegal activities, even if they are not punishable by imprisonment.
- The Lessee undertakes to take care of the vehicle and maintain it in good condition, in particular taking into account the vehicle's properties, its external as well as internal appearance as well as the requirements determined by law. Good condition of the vehicle means a condition that is not inferior to its condition as of the day of issue, including its wear and tear resulting from proper use. The Lessee will be obliged to pay a contractual penalty in the amount specified in the Lessor's price list for cleaning the interior of the vehicle.
- Observe any irregularities related to the technical operation of the vehicle. The Lessee is obliged to regularly check the vehicle, i.e. check the oil level, washer fluid, coolant and brake fluid on a daily basis, as well as check the lighting and make sure that it meets all the conditions necessary for safe driving. In the event of a control lamp on the dashboard or a message, the Lessee is obliged to notify the Lessor under the telephone number +48 885 750 550.
- The Lessee has no right to give the car to a third party under any legal title, including free use or subletting.
- Smoking / e-cigarettes is not allowed in the car. In case of violation of the ban, the Lessee is obliged to pay the Lessor a contractual penalty of PLN 500.
- Driving under the influence of alcohol, drugs, psychotropic substances or other similar means is strictly prohibited.
- The vehicle may only carry the number of persons that is provided for in the vehicle's registration certificate. It is not allowed to carry loads above the permissible load, inflammable and dirty loads, animals, and it is not allowed to tow other cars and trailers, use the vehicle to start other vehicles, sticking the Vehicle with any materials.
- The Lessee is obliged to properly secure the vehicle against theft and burglary and other similar threats in the manner normally provided for. In particular, do not leave vehicle documents and keys in the car, and the vehicle must be properly closed.
- The Lessee may not, without the prior written consent of the Lessor change the purpose of the vehicle or make any changes to the vehicle, and in particular install additional equipment, disassemble any parts of the vehicle.
- The rent and the rental period are specified each time in the lease agreement.
- Exceeding the duration of the lease over 1 hour causes the obligation to pay for the next day of the lease.
- Shortening the rental period indicated in the Agreement requires the prior consent of the Lessor. Leaving / returning vehicle keys / documents without the consent of the Lessor does not constitute an early termination of the Agreement. The landlord may make the consent for shortening the rental period conditional on the recalculation of rent rates.
- The rent for renting up to 30 days must be paid before issuing the vehicle.
- The rent for a rent longer than 30 days must be paid as follows: the rent for the first 30 days of the rent must be paid before the vehicle is issued, and the rent for subsequent periods of 30 days must be paid at least 2 days before the start of these periods.
- In the event of extending the rental beyond the deadline specified in the contract, all amounts due will be payable on the day the vehicle is returned.
- The vehicle has civil liability, accident and accident insurance.
- The scope of vehicle insurance does not cover any damage, in particular it does not cover damage in the case of:
- escaping of a driven vehicle from the place of accident,
- making an incorrect statement as to the place, time, circumstances and causes of the damage,
- driving in a state after taking drugs or psychotropic substances, and without a valid driving license,
- theft of the vehicle in the event that the keys and / or vehicle documents are not returned to the landlord and if the vehicle has not been properly secured against theft and burglary.
- In the event of damage arising during the rental period, which will not be repaired by the vehicle insurer, the Lessee shall be liable for their repair.
- The Lessee undertakes to bear all costs related to the use of the vehicle and its operation, in particular the costs of fuel, lubricants and process fluids, fees and other burdens related to the possession and use of the vehicle, as well as parking costs, criminal fines, proceedings in petty offenses, criminal and civil, related to the possession and use of the vehicle by the Lessee and other costs arising in connection with the use of the Vehicle by the Lessee, including repairs for which the Lessee is responsible.
- The vehicle is handed over to the Tenant with a full fuel tank and clean inside and outside, and so it must be returned, i.e. refueled and clean. Otherwise, the Lessee will be obliged to pay the Lessor a contractual penalty which is the product of liters of fuel needed to refuel the full tank of fuel of the vehicle and the amount resulting from the Price List per liter of fuel, and in the case of giving a dirty car a contractual penalty in the amount indicated in the Price List. The price list is attached as Annex 1 to these Terms.
- If the Renter fails to return the vehicle within the time limit specified in the contract, the Renter will be obliged to pay the Lessor a contractual penalty of three times the daily rate specified in the contract for each day started until the vehicle is returned. Notwithstanding this, the Lessor (a person acting on his behalf) is entitled to the activities specified in point 9.3.
- In the case of payment in the form of a bank transfer, the date of payment is the date of receipt of funds on the Lessor's bank account.
- The Lessee is obliged to pay the rent and other fees, contractual penalties by credit card / payment by bank transfer, to the Landlord's bank account or in cash, unless another method of payment results from the contract.
- The Lessor has the right to terminate the vehicle lease agreement immediately (in the form of a telephone conversation, e-mail or sms) if:
- The Lessee violates important provisions contained in the contract or general insurance conditions, and in particular when the Lessee uses the vehicle in a manner contrary to the contract or intended use of the vehicle, neglects the vehicle to such an extent that it is exposed to damage or loss, makes it available to unauthorized persons, crosses the Polish border .
- The tenant is delayed in paying the rent or any other amounts due under the contract.
- In the cases described in point 5.1, the Lessee is obliged to give the Lessor the vehicle immediately, and the Lessor (a person acting on his behalf) is entitled to the activities specified in point 9.3.
- The Tenant's delay with picking up the vehicle does not affect the Lessee's obligation to pay the contractual obligations.
- The Lessee will pay the Lessor a contractual penalty for withdrawal, termination or termination without notice for reasons attributable to the Lessee in the amount of three times the daily rent rate, except when the reason for termination of the lease is a delay in payment by the Lessee.
- The Lessor may in the event of theft, destruction, damage or failure to return the car on time by the previous Lessee or another random event preventing the release of the Vehicle to the Lessee, withdraw from the contract within 2 weeks from the date of the circumstances justifying the withdrawal. In the case referred to in the previous sentence, the Lessor undertakes to inform the Lessee immediately after becoming aware of the event justifying withdrawal from the contract.
- The Lessee, each time and regardless of the vehicle's insurance against civil liability and AC and compensation obtained in this respect, is obliged to pay a contractual penalty (the so-called vehicle downtime fee) in the amount indicated in the Price List in the event of any damage to the vehicle arising from the time of receipt the vehicle by the Lessee to return it to the Lessor, its damage, destruction or loss, which makes it impossible to rent the vehicle.
- Notwithstanding the liability referred to in point 6.1, the Lessee bears full liability for damages (including lost profits) of the Lessor in connection with damage to the vehicle, arising in the period from the receipt of the vehicle by the Lessee to its return to the Lessor, which are not covered by insurance or which were not fully covered by the insurer for reasons other than the fault of the Lessor's failure to cooperate with the insurer during the liquidation process.
- The Lessee also bears full responsibility for mechanical defects of the vehicle arising from his fault and not subject to warranty repair, in accordance with the rules provided for in these conditions, in particular caused by refueling with the wrong fuel.
- The Lessee is obliged to cover any damage to the Lessor arising from the use of the vehicle by the Lessee contrary to the contract, in particular in cases related to excessive wear and loss of the vehicle, damage to tires, wipers, interior of the vehicle, vehicle equipment, in cases of damage caused by cigarette butts cigarettes, damage caused by smuggling using a vehicle.
- If the insurer refuses to pay compensation due to the Lessee's fault, in particular due to the driver's failure to submit a written statement as to the place, time, circumstances and reasons for the damage, and / or failure to submit any documents required by the insurer, the Lessee is obliged to pay compensation covering the damage to the Lessor in full.
- The Lessee is responsible for all damages caused by himself, the driver and other passengers of the car to third parties during the use of the rented vehicle, not covered by the obtained compensation from vehicle insurance or not covered by insurance.
- The Lessee is responsible for the violation by him or the person to whom the vehicle has passed, traffic regulations and obliged to return to the Lessor all fees, fines and penalties paid by him to the Lessor.
- The Lessee is obliged to return to the Lessor the fees he paid for the use of public roads, parking lots and fines if the obligation to pay them resulted from the use of the vehicle by the Lessee.
- The Lessor is not responsible for any movable property left and transported by the Lessee and third parties in the vehicle.
- All events that may result in the insurer's obligation to pay compensation, in particular traffic damages, burglary, vehicle theft, damage to the vehicle, including equipment as a result of acts of vandalism, the Lessee is obliged to notify the Lessor immediately under the number +48 885 750 550 daily 24h on 24 hours (also on public holidays), as well as present a detailed written report and sketch of the event at the latest by the time the vehicle is returned.
- The Lessee is obliged to immediately call the appropriate authorities (in particular the Police) for any road accident or collision arising in connection with the use of the vehicle and immediately inform the relevant authorities (in particular the Police) about a fire, theft or other damage, regardless of whose side lies with the fault.
- The Lessee is obliged to take appropriate measures provided for by road traffic regulations to ensure traffic safety at the place of accident.
- In the event of the event referred to above, the perpetrator of which is a third party, whose data can be determined, the Lessee will provide the Lessor, if it is in their possession, with the perpetrator's statement and other documents indicating the culprit's guilt and containing all other data required by the insurer, in which the vehicle is insured under the insurance contract, including: his name, PESEL, address, registration number and make of his vehicle, the number of his insurance policy and the name of the insurer who issued such policy.
- The Lessee is obliged to immediately inform the Lessor if the vehicle is unable to continue the journey or has been damaged in any way.
- The Lessee is obliged to follow the instructions of the Lessor. Further proceedings depend on the type of damage. In the event of the Lessee's failure to comply with the contract, the General Terms and Conditions of Insurance, the Lessor's instructions, the Lessee shall be fully liable for any damage to the Lessor arising from this title, in particular if as a result of non-compliance the insurer refuses or reduces the compensation paid.
- In the event of damage, the Lessee is obliged to use all means at his disposal to reduce the damage and to protect the vehicle at risk from further damage.
- If necessary, all servicing, repairs and other activities related to the vehicle, the Lessee can perform only with the prior notification of the Lessor and only with his consent expressed under pain of nullity by email or in writing, and only at authorized service stations of the given vehicle brand, unless in a specific case, the Lessor indicated another repair point, or agreed to repair at an unauthorized station.
- The Lessee is obliged to appear in an authorized car service at the time and place designated by the Lessor in the event of a failure, which, if not removed, may result, in particular, in subsequent defects, creating a threat in traffic or the lack of proper protection of the vehicle against theft. This obligation also applies to appear for the purpose of warranty inspection of the vehicle, if it falls over the period of use of the car. In the event of the Lessee's failure to comply with the obligations set out in the previous sentence, he will be required to pay a contractual penalty of PLN 800 for each failure to comply with the above.
- Removal of a fault caused by the Lessee is at the Lessee's cost and risk.
- The Lessee undertakes to return the vehicle in good condition (in accordance with item 2.3.), With complete equipment and documents. Dates and times of transfer and return of the car are specified in the lease agreement. All costs of returning the vehicle are borne by the Lessee.
- In the event of a delay in returning the vehicle, he is obliged to pay the Lessor a contractual penalty referred to in point 3.12. Notwithstanding the above, the Landlord or a person acting on his behalf will inform the Police about the misappropriation of a car and may exercise the rights specified in point 9.3.
- In cases of no return of the car in the cases indicated in the contract or despite the expiry, termination of the lease or withdrawal from it, the Lessor (a person acting on his behalf) is entitled to immobilize the vehicle or open it and tow the vehicle to the Lessor's seat, regardless of where the car is located at the expense and risk of the Lessee.
- Both the pickup and return of the vehicle by the Lessee will be confirmed by a protocol signed by both Parties, which is an integral element of the lease agreement.
- Signing the report does not release the Lessee from liability for damages that could not be detected when returning the vehicle.
- In the event of returning the vehicle without a set of keys, both license plates and registration certificate, fire extinguisher and / or other equipment indicated in the Handover Protocol, the Lessee is obliged to pay the contractual penalty indicated in the Price List for the lack of each of the elements listed. In the absence of more than one element, penalties are added together.
- If the Lessor cannot provide the reserved vehicle, the Lessor has the right to provide the Renter with a vehicle of the same size or larger. In this situation, the Lessee does not bear any additional costs, except for the costs associated with the operation of a larger car, e.g. the cost of fuel.
- If the Lessor cannot provide the reserved vehicle and the Lessee accepts the smaller vehicle, then the difference in the amount of rent will be refunded to the Lessee.
- Traveling by car outside Poland requires the prior consent of the Lessor in writing to be valid and (in the event of such need) additional insurance, the cost of which is fully borne by the Lessee.
- Travel to regions affected or at risk of war, and to Russia, Belarus, Ukraine, Moldova, Macedonia, Bulgaria, Romania, Albania, Serbia and Montenegro are prohibited. In the event of failure to comply with the conditions set out in this point, the Lessee is obliged to pay the Lessor a contractual penalty of PLN 1,000.
- All notices arising from or related to the contract, except as expressly indicated in the contract, will be made under pain of nullity in writing or by email.
- Amendments to the contract require a written form, otherwise they are null and void, except as expressly provided in the contract.
- Changes to the address of the Parties do not constitute a change of contract and do not require the conclusion of additional annexes. The Parties shall notify each other in writing or by email about the above changes. In the event of failure to comply with this obligation, delivery to the last known address shall be deemed effective, unless the Lessee is the consumer.
- The stipulation of contractual penalties in these general conditions shall not affect the right of the Lessor to demand compensation for the damage for which the Lessee is responsible, to the extent that the damage exceeds the amount of the reserved contractual penalty.
- The Lessee is not entitled to transfer the rights or obligations under the Agreement to a third party without the consent of the Lessor expressed in writing under pain of nullity.
- The contract is subject to Polish law, and in matters not covered by this contract, the provisions of the Civil Code apply.
- The competent court for disputes arising from the contract is the court competent for the Lessor.
- The administrator of personal data will be .............. conducting business activity under the name .................. with headquarters in ........... (hereinafter: the Lessor), ul. ... no. ..., email: ................................., tel. ...................
- The purpose of the Tenant's personal data processing is:
- conclusion and implementation of a civil law contract. Legal basis: art. 6 clause 1 lit. b) GDPR,
- financial and accounting settlements and archiving purposes, pursuant to art. 6 para. 1 letter c) GDPR.
- The recipients of processed personal data within the meaning of art. 4 point 9 of the GDPR are banks, an entity providing accounting services to the Lessor, a subcontractor of the Lessor.
- Personal data collected as part of the performance of the contract is stored for a period of 5 years from the end of the year in which the rental ended.
- The person whose data is processed has rights related to the processing of personal data:
- the right to access personal data,
- the right to request correction of personal data,
- the right to request the restriction of personal data processing,
- the right to transfer data processed in an automated manner,
- the right to object to data processing due to a special situation - in cases where the processing of data is based on our legitimate interest.
- the right to delete data in the case of data processed unreasonably.
- The person whose data is processed has the right to lodge a complaint with the Polish supervisory body or supervisory body of another Member State of the European Union, competent for his habitual residence.
- Providing personal data by a person is a condition for concluding a contract. The person whose data is processed is obliged to provide it and the consequence of not providing personal data will be the inability to conclude and perform the contract.
- The data will not be subject to a decision that is based solely on automated processing, including profiling.
- The provisions contained in this point apply only to Tenants who are Consumers within the meaning of the provisions of Art. 221 Of the Civil Code. Other provisions of the OWNP apply to Consumers, unless otherwise provided in point 14.
- The Lessee who is a Consumer is obliged to familiarize himself with the condition of the vehicle both at the time of its issue and return. He should report and include in the Protocol all comments regarding the visible condition of the vehicle, both at its issue and receipt, and this assessment applies only to defects that can be ascertained by the average consumer.
- If the vehicle is not returned within the time limit specified in the Agreement, or within the time limit set in accordance with the OWNP, taking into account the provisions regarding the extension of the Agreement and the unilateral shortening of the rental period by the Lessor, the Lessee who is a Consumer shall be obliged to pay the Lessor remuneration for non-contractual use of the vehicle in the amount of 100 % of the rental rate specified in the Agreement for each commenced day of non-contractual use after the deadline for returning the vehicle.
- The provisions of 14.3 shall not apply if the vehicle was not returned for reasons for which the Lessee who is a Consumer is not responsible.
- The Lessee who is a Consumer is liable for damages if the basis for this liability was an event for which he is responsible on the general principles set out in the Civil Code.
- The Lessee who is a Consumer will be obliged to pay damages provided for in the OWNP, in particular those described in point 6 as well as other damages and contractual penalties provided for in the OWNP, including for vehicle downtime, its loss or damage, loss of other items issued to the Lessee, only if he is liable for damage under the general principles set out in the Civil Code. The amounts due in the OWNP shall be offset damage suffered by the Lessor.
- If the vehicle is immobilized, the class of another vehicle provided by the Lessor to the Consumer will, as far as possible, be consistent with the class of the rented vehicle. If the vehicle cannot be delivered in a similar class and equipment, the Lessee will receive a lower class car. In this case, the Lessor will be refunded the appropriate part of the rent paid by the Lessee for a higher class car.
- Complaints related to improper performance of the Agreement by the Lessor, including those related to the finding of vehicle defects limiting its suitability for the agreed use or preventing its use, may be submitted, e.g. in writing to the address indicated in the OWNP, or in documentary form via e-mail mail to: firstname.lastname@example.org
- It is recommended to indicate the following data in the complaint:
- first and last name of the claimant;
- determining the subject of the complaint, the advertised period, vehicle registration number;
- information and circumstances regarding the subject of the complaint, in particular the type and date of irregularities;
- Tenant's requests (e.g. reduction of rent for the duration of defects limiting the usefulness of the Vehicle for the agreed use or removal of defects preventing its use or sharing another vehicle);
- contact details of the complainant, to which a response to the complaint may be submitted.
- The landlord considers the complaint within 14 days of receipt of the complaint. Considering a complaint is understood by the Lessee receiving a response to a complaint before the deadline. Failure to reply to the complaint within the aforementioned period shall be deemed to have been considered.
- If the Lessor refuses to accept the complaint or if the Lessee does not agree to settle the complaint in the manner proposed by the Lessor, the Lessee has the opportunity to refer the case to court or to use out-of-court dispute resolution and redress, in particular he may refer to the poviat (municipal) Consumer Ombudsman, or a social organization whose task is to protect consumers.
- Point 5.5 does not apply to Tenants who are Consumers.
- Disputes arising or remaining in connection with the content or performance of the Lease Agreement will be subject to settlement by competent common courts in accordance with applicable law.
- The Price List is an attachment to the OWNP, which is an integral part of this Agreement.
ANNEX NO. 1
PRICE LIST (GROSS AMOUNTS)
1. Crossing the Polish border with a rented vehicle, without permission - 1000 PLN
2. Extending the rental of the vehicle without knowledge- three times the daily rate for each day of renting.
3. Provision of the rented vehicle to a person other than that resulting from the contract - PLN 500.
4. Loss of rented vehicle warranty due to the fault of the tenant or the person driving the vehicle - PLN 3,000.
5. The cost of bodywork and mechanical repairs, spare parts and equipment in the rented vehicle, arising from the negligence or oversight of the renter - according to the valuation of the authorized manufacturer's service + 30%.
6. Refusal to pay compensation OC / AC for damage in a rented vehicle, resulting from the fault of the tenant - fully covered by the Lessee, according to the valuation of the service of the authorized manufacturer.
7. Filling up the wrong fuel in a rented vehicle - 600 PLN.
8. Smoking / e-cigarettes inside the rented vehicle - PLN 500.
9. Towing other vehicles with a rented vehicle - PLN 400.
10. Lack of parts of the rented vehicle equipment not included in the price list - according to the valuation of the authorized manufacturer's service + 15%.
11. Making changes or modifications to the rented vehicle without permission - PLN 500
12. Penalty for failure to appear in the service of the rented vehicle - PLN 800.
13. Lack of license plate (s) of the rented vehicle - PLN 500.
14. Lack of the key / remote control of the rented vehicle - 2000 PLN.
15. Lack of registration certificate, insurance policy, registration sticker on the windscreen of the rented vehicle - PLN 300 / item
16. Lack of first aid kit, warning triangle, fire extinguisher, reflective vest in the rented vehicle - 70 PLN / item
17. Lack of instructions for the rented vehicle - PLN 200.
18. Lack of the original hubcap in the rented vehicle - 80 PLN / item
19. Fee for stopping a rented vehicle - PLN 2000.
20. Cleaning the interior of the rented vehicle - 300 PLN.
21. Washing the rented vehicle from the outside - 50 PLN.
22. Lack of fuel in the rented vehicle according to the price list of the "Orlen" + 20% petrol station.