General Terms and Conditions of Vehicle Rental
Definitions
Lessor: Smart Cars Sp. z o. o. Ul. Marszałka Józefa Piłsudskiego 1 Lok. 17. 37-200 Przeworsk
Nip: 9910540962
Renter: a private person or company specified in the rental agreement, who by his signature declares that he accepts the following rental conditions and personal responsibility for the Vehicle entrusted to him for use under the conditions specified in the agreement.
Vehicle: the car which is the subject of the lease indicated in the Agreement
Agreement: Vehicle rental agreement concluded by the Parties
Parties: Lessee or Lessor
Driver: a person named in the Contract by the Lessee, authorized to use the Vehicle for the duration of the Contract.
I. General Information
1. Each lessor declares that he is over 20 years of age and a driving license over 1 year old.
2. The Lessee is obliged to present two documents: a driving license accepted in the territory of the Republic of Poland, an identity card or a passport.
3. The rented Vehicle may not be used:
a) for the transport of people or goods in the form of subletting or for profit,
b) for starting or towing other Vehicles, trailers or other items,
c) in races, rallies or competitions,
d) when the Lessee or other Driver is under the influence of alcohol, hallucinogenic drugs, drugs, barbiturates or other substances that impair his awareness and ability to react.
4. A third party, not indicated in the Agreement, may not use the Vehicle without the consent of the Lessor.
5. An additional driver may also be added during the term of the Agreement after prior consent of the Lessor. Consent to drive the Vehicle by a person not originally mentioned in the contract can be obtained by e-mail by sending a scanned ID card / passport and driving license to the e-mail address [email protected]
6. The Agreement clearly specifies the type and brand of the Vehicle and the exact cost that the Lessee will have to pay for the rental.
7. The rental period is strictly defined in the Agreement, and extending the rental by 1 hour will result in a fee being charged in accordance with point 12.
8. The Lessor reserves the right to immediately collect the Vehicle at the expense of the Lessee in the event of using the Vehicle contrary to the contract or delay in payment, without returning the deposit.
9. The Lessee receives the Vehicle with full fuel and is obliged to return the Vehicle with a full tank of fuel, refueling at the nearest petrol station from the Vehicle return point. Otherwise, the Lessee bears the costs of the missing fuel and the additional fee for the refueling service mentioned in the additional fees.
10. If the Lessee fails to contact the property within 12 hours from the date and time of the end of the lease and the Vehicle is not returned, the Lessor has the right to treat this as an appropriation and report the matter to the Police. The fee for starting the misappropriation notification procedure is specified in Additional Fees.
11. The rental period may be extended only with the consent of the Lessee, after prior contact with the Lessee by e-mail or telephone, at least 24 hours before the expiry of the lease period provided for in the Agreement, provided that the Lessee makes advance payment for the additional rental period.
12. If the Vehicle is not returned within the period specified in the Agreement or within the period agreed in accordance with the provisions of point 11 above, the Lessee is obliged to pay the Lessor remuneration for the non-contractual use of the Vehicle in the amount of PLN 1,200. for each started day and bears full financial responsibility in the event of damage and breakdown of the Vehicle.
13. The Lessee is absolutely obliged to comply with the road traffic regulations in force in a given country. Ignorance of the regulations does not exempt the tenant from civil and criminal liability.
14. The Lessee receives the Vehicle in working order, in a condition enabling its proper operation and undertakes to use it with due care and return it in the same condition.
15. The cost of purchasing windscreen washer fluid, replacing light bulbs, repairing tires and other consumables shall be borne entirely by the Lessee.
16. The Lessee receives a clean vehicle. Upon return, the Lessee is obliged to return the Vehicle clean inside and out.
17. The Lessee or the Driver is obliged to:
a) Securing the Vehicle against theft (locking the Vehicle each time and switching on all anti-theft devices; careful protection of documents and keys outside the Vehicle),
b) Performing the daily maintenance of the Vehicle at their own expense, in particular checking and refilling engine oil, coolant, brake fluid, washer fluid, checking the condition of the tires, correct tire pressure, operation of lights,
c) The use of a type of fuel in the Vehicles in accordance with the engine specification, given in the registration certificate.
18. There is a total ban on smoking tobacco products, electronic cigarettes and drinking alcohol in the Vehicle.
19. In the case of returning a dirty Vehicle, the cleanliness of which does not allow for a thorough inspection, fees for any damage may be collected from the Lessee after the Vehicle has been washed by the Lessor.
20. The Lessor reserves the right to disclose the data of the Lessee or the Driver to authorized bodies (eg Police, Municipal Internship, GITD).
21. In the case of a long-term contract, additional terms and payment schedule are included in the annex to the contract.
22. The Lessee agrees to place a GPS locator in the vehicle.
II. Departure outside the Republic of Poland
1. Departure with the Vehicle outside the territory of the Republic of Poland requires the prior consent of the Lessor in the Agreement and (if necessary) additional insurance, the cost of which is entirely borne by the Lessee. Travel to endangered or war zones and to Russia, Belarus, Ukraine, Turkey, Serbia, Montenegro, Bosnia and Herzegovina, Albania and Moldova is prohibited.
2. The landlord provides additional equipment in accordance with Polish regulations. In the event of a trip abroad, the Lessee is obliged to retrofit the Vehicle in accordance with the regulations in force in a given country.
3. The permit to travel abroad is divided into three zones:
Slovakia, Czech Republic, Germany, Lithuania
France, Austria, Belgium, Hungary, Slovenia, Latvia, Estonia, Switzerland
Croatia, Greece, Bulgaria, Romania, Spain, Portugal, Italy, Norway, Sweden, Denmark
III. Charges
1. The Lessee is obliged to pay all fees related to the rental of the Vehicle before the rental with a payment card issued in the Lessee's name and surname - Visa or Mastercard. A credit card is required for Class D, Premium, VAN and BUS vehicles.
2. At the time of rental, the employee collects the fee for the rental of the Vehicle and pre-authorizes the amount of the returnable deposit as part of the security for the rental.
3. Pre-authorization of the deposit amount is unblocked on the customer's account within 7-14 days, depending on the internal regulations of the owner of the payment card (BANK).
4. In the event of the shortening of the lease term resulting from the contract, the funds shall not be returned.
5. The Lessee agrees to charge the payment card in the event of the Lessee's breach of the Lease Agreement.
6. The return of the deposit does not mean that the Lessor waives his claims against the Lessee.
7. If the lease is extended with the Lessor's consent, the rate is calculated on the basis of the arithmetic average of the fee under the Agreement.
8. All amounts included in this Agreement are given in the Polish currency (PLN) expressed in gross value including VAT.
IV. Insurance
1. The Lessor declares that the Vehicle has third party liability and accident insurance valid on the territory of the Republic of Poland and countries to which the travel restrictions specified in this Rental Agreement do not apply.
2. According to the third party liability insurance policy, insurance is only available to those persons who use the Vehicle with the consent of the Lessor.
V. Failure
1. The Lessor, in the event of immobilization of the rented Vehicle, will, if possible, provide the Lessee with a replacement Vehicle, maximum of segment B, for the repair period. For a waiting period longer than 24 hours for a replacement Vehicle, the Lessee shall not pay the rent for the Vehicle.
2. The replacement vehicle is not available for:
a) loss of the registration certificate and / or the insurance policy and / or the Vehicle keys,
b) damage to the Vehicle due to the fault of the Lessee or a person not entitled to drive
By vehicle,
c) immobilization of the rented Vehicle outside the territory of Poland,
d) acts of vandalism.
VI. Deductible for damage or theft
Collision Damage Waiver, i.e. limitation of liability due to collision damage (CDW), Theft Protection, i.e. limitation of liability due to theft (TP)
By accepting the CDW and / or TP, the Lessee accepts the obligation to pay an additional fee in accordance with the applicable rate on the date of signing the Lease Agreement. Otherwise, in the event of damage, loss or theft of the Vehicle or its parts or equipment, the Lessee shall assume responsibility in accordance with the own share in the damage specified in the contract. CDW and TP do not exclude the lessee's liability in the event of gross negligence or willful breach of the Terms, legal regulations or insurance conditions. Damage to tires, windows, and the interior of the Vehicle (damage to the Vehicle's equipment, destruction or staining of the upholstery and damage caused by cigarette butts), also missing elements and equipment of the Vehicle, such as e.g. (radio antenna, hubcaps, fire extinguisher, spare wheel, etc.) are not subject to limitations. liability of the Vehicle Lessee.
If the Lessee receives a replacement car, it is not subject to waiver of the deductible and the Lessee bears full financial responsibility for its damage.
VII. Accidents, damage, theft.
1. In the event of an accident (related to or without damage to the Vehicle), theft or damage to the Vehicle in any other way, the Lessee or another person driving the Vehicle is obliged to call the Police to the scene, and the Lessee should request the Police to issue a prepared report.
2. Each accident, damage, loss or theft of the Vehicle must be immediately reported to the Lessor by e-mail ([email protected]) or by phone (+48 576 799 290). In any case, the Lessee cannot accept claims of third parties.
3. The Lessee is obliged to assist the Lessor and / or his insurance companies in all claims or court cases in connection with an accident or damage, in particular by:
a) providing a completed and confirmed form of accident or collision report
b) providing full details of participants and witnesses of the accident and a detailed description of the event
c) not leaving the Vehicle unattended or unsecured
d) in a situation where the accident or damage was caused by a third party - taking all necessary steps to identify the perpetrator and securing evidence that may contribute to the determination of the perpetrator's liability.
4. In the event of the Lessee's breach of any of the above-mentioned provisions, the Lessee shall be fully financially responsible for the damage caused to the Lessor or a third party, even in the event of acceptance of CDW and / or TP and payment of a fee on this account.
VIII. Lessor's responsibility
The Lessor is not responsible for the items transported, lost, left in the Vehicle or for any fees (fines) charged to the Lessee in connection with the use of the Vehicle during the rental period. The Lessor is not liable to third parties for any claims for damages resulting from damage caused by the Lessee or the person driving the Vehicle during the rental period.
IX. Additional fees
1. The Lessee is fully liable for damages to the rented Vehicle in the event of:
a) willful act or gross negligence,
b) damage to the interior of the Vehicle, tires, rims, wipers, antennas, leaving permanent stains
c) driving the Vehicle under the influence of alcohol, drugs or other intoxicants, and without a valid driving license,
d) failure to return the registration certificate or keys after the theft of the Vehicle,
e) fleeing the scene of the accident,
f) entry of the Vehicle abroad without the Lessor's consent, and all costs related to its import in the event of damage or failure.
g) refusal to pay compensation by the insurer due to the fault of the Lessee,
h) lack of a detailed description of the circumstances of the damage or failure to provide the required documents
2. Each day of the Vehicle's stoppage in connection with the above-mentioned activities - PLN 800.
3. Making the Vehicle available to an unauthorized person - PLN 800
4. No key - PLN 5500.
5. Lack of Vehicle documents (not applicable to theft of the Vehicle) - PLN 1000.
6. No registration plate, registration stickers on the glass (for each) - PLN 1000.
7. Smoking in the Vehicle - PLN 1500.
8. Breaking the ban on transporting animals, removing hair - PLN 2000.
9. Return of a dirty Vehicle - PLN 250.
10. Return of the Vehicle with stains on the seats, upholstery, in the trunk - PLN 3500.
11. Return of the Vehicle with a noticeable unpleasant smell - PLN 1500.
12. Damage to a tire or alloy rim - PLN 3000 per item
13. Refueling the Vehicle with the wrong fuel - PLN 2500.
14. Dismantling a part of the Vehicle or making modifications without the Lessor's consent - PLN 5500. + cost of replenishing the missing part in the ASO service. - PLN 4000
15. Each time the speed exceeds 180 km / h - PLN 500.
16. Missing element from the list of standard equipment (for each) - PLN 800.
17. Damage or failure to return each of the selected elements of additional equipment (GPS, car seat, chains, rails and roof box) is obliged to cover the total cost of the missing equipment.
18. Administrative Fee for starting the Vehicle misappropriation procedure - PLN 2900.
19. Vehicle refueling service PLN 200. + fuel cost.
20. In the case of departure or attempting to leave Poland without consent - PLN 3500
21. Provision of written information at the request of law enforcement and / or administration authorities about the user of the Vehicle who was subject to an offense and / or crime - PLN 350.
22. Administrative fee for making a payment for a ticket or other fee resulting from the use of the car by the customer - PLN 500 + the actual cost of the ticket or fee.