General Terms and Conditions (GTC) – EVOCARO
1. General provisions
1.1. The rental agreement defines the rights and obligations of the parties: the Lessor and the Client. Any matters not regulated in the agreement are governed by these General Terms and Conditions (GTC).
1.2. In the case of the same vehicle being rented by multiple persons, their liability to the Lessor is joint and several.
1.3. If the vehicle is replaced during the rental period, unless otherwise agreed, the newly delivered vehicle becomes the new rental subject under the existing terms.
1.4. If the Lessor is unable to provide the selected vehicle, they may provide a vehicle of the same or higher class, which the Lessee accepts. In such a case, the Lessee incurs no additional costs. If the Lessee accepts a lower class vehicle, the price difference will be refunded. Any usage-related costs (e.g., fuel) remain the User’s responsibility.
1.5. A Lessee who is a sole trader must declare at the time of booking or contract signing that the agreement is made in the course of their business activity.
1.6. If the User’s authority to represent the Client is not confirmed, and/or the Client refuses to pay amounts due, the User acknowledges full responsibility for all amounts due under the rental agreement (including rent), as per Article 103 of the Civil Code.
2. Definitions
Lessor: The party renting out the vehicle – EVOCARO Sp. z o.o., ul. Hubska 52/14, 50-502 Wrocław, NIP: 8992848529.
Client (also: Lessee): The party renting and using the vehicle.
Consumer: A natural person who, under Article 221 of the Civil Code, enters into a rental agreement unrelated to their business or professional activity.
User: The Client or another person authorized by the Client to enter into the rental agreement and operate the vehicle, as listed in the contract, possessing a valid driver’s license.
Vehicle: Also referred to as ‘car’ – the subject of the rental agreement.
Rental Agreement: A contract between the Lessee and the Lessor, outlining vehicle details, rental rates, and applicable attachments including Handover Protocols.
Attachments: Integral parts of the rental agreement: vehicle handover/return protocol, personal data processing notice, damage compensation authorization (for insurance-based rentals).
Handover/Return Protocol: Describes the technical condition and equipment status of the vehicle at handover or return.
GTC: These General Terms and Conditions, governing rental issues not regulated in the agreement. Appendix 1 (Fee and Penalty Schedule) is an integral part of the GTC.
Ordering Party: A third party initiating rental agreements between the Client and the Lessor, e.g. insurers, assistance services, fleet operators.
Form of Agreement: Signing or accepting the agreement, annex, GTC, and attachments may be done in writing or in documentary form (including emails, SMS, or recorded phone calls) via electronic devices, such as the Lessor’s tablet.
Deposit: A security amount to cover any claims by the Lessor, specified in the agreement (depending on vehicle class), secured on a credit card. Pre-authorization on a payment card is available for classes A, B, and C with prior approval and incurs an extra charge.
3. Use and Restrictions
3.1. The User receives a vehicle in working condition (any remarks regarding technical condition or visible damage are noted in the handover/return protocol).
3.2. The User agrees to use the vehicle according to its intended purpose, manufacturer instructions (available in the user manual inside the vehicle or from the Lessor), and road traffic regulations. Use for racing, transporting hazardous materials, or unlawful activity is prohibited.
3.3. The User is responsible for maintaining the vehicle in good condition, both externally and internally, accounting for normal wear and tear.
3.4. The User must regularly check oil levels, washer fluid, coolant, brake fluid, and lights to ensure safe operation. Any warning lights must be immediately reported to the Lessor.
3.5. The User may not lend or sublease the car to third parties. Only designated Users listed in the agreement may use the vehicle.
3.6. Smoking, use of drugs, alcohol, transporting animals, and towing are strictly prohibited. Violations will incur contractual penalties per the Fee Schedule.
3.7. Driving under the influence of alcohol or any intoxicating substance is strictly forbidden.
3.8. The number of passengers may not exceed the limit specified in the vehicle registration. Transporting flammable or dirty cargo and towing are not allowed.
3.9. The User must secure the vehicle properly, especially against theft, including locking the car and not leaving documents or keys inside.
3.10. The User may not modify or add any equipment to the vehicle without prior written consent from the Lessor.
4. Rental Fees, Insurance, and Costs
4.1. The daily rental rate (rental fee) is specified in the rental agreement and is payable in advance unless stated otherwise in point 1(1) of the GTC.
4.2. The vehicle is insured with third-party liability (OC), and may also include collision damage (AC) and personal accident insurance (NNW).
4.3. The insurance does not cover damages in the following situations (also see section 4.4):
- a) fleeing the scene of an accident,
- b) providing false information about the time, place, or cause of damage,
- c) driving under the influence of alcohol, drugs, or without a valid driver’s license,
- d) driving the vehicle outside Poland without the Lessor’s consent,
- e) failure to fulfill insurer-required obligations resulting in a denial of claim,
- f) exceeding speed or load limits or violating traffic laws,
- g) participation in races, rallies, or shows,
- h) using false documents or identity to rent the vehicle.
4.4. The insurance does not cover theft if keys or documents are not returned, or if the vehicle was not properly secured. In such cases, liability is determined under section 7.2 or 7.3 depending on consumer status.
4.5. The User is responsible for all operating costs such as fuel, oils, fluids, tolls, parking, fines, and other usage-related expenses, unless otherwise stated.
4.6. The vehicle is provided with a full tank and clean inside and out. It must be returned in the same condition, or the Lessee will incur a contractual cleaning fee (see Appendix 1).
4.7. If the vehicle is not returned on time (except in case of extension as per 4.8), the Lessee will be charged a contractual penalty per day, as detailed in Appendix 1. The Lessor may also take actions described in point 10.3.
4.8. Rental extensions require the Lessor’s consent and advance payment via bank transfer or card. Failure to comply entitles the Lessor to take action per point 10.3.
4.9. The agreement is for a fixed term. Early return does not reduce the fee, unless the Lessee is a consumer and the vehicle cannot be re-rented during the remaining period.
5. Deposit and Payment Terms
5.1. The deposit is a security amount for any claims by the Lessor, specified in the agreement and based on the vehicle class. If the Lessee purchases the Damage Waiver (DW) for the entire rental period, the deposit is reduced by 50%.
5.2. The deposit is secured on a credit card. For vehicle classes A, B, and C, pre-authorization on a payment card is possible upon prior approval and involves an additional fee. For Family, Premium, Premium SUV, Luxury, and Large Van classes, two cards are required – one of which must be a credit card.
5.3. The deposit is released from the Lessee’s payment card immediately after the vehicle is returned and the rental agreement is properly fulfilled. Actual release time depends on the Lessee’s bank. If not released within 14 days, the Lessee should contact their card issuer.
5.4. The Lessee must pay the rental fee, additional services (e.g., child seat), and other charges in advance via credit card or bank transfer. In the case of a bank transfer, the payment date is the date the funds are credited to the Lessor’s account.
5.5. The payment card operator is the entity specified on the Lessor’s website.
5.6. The Lessor is authorized to charge the Lessee’s payment card for any required information provided to authorities, leasing companies, etc., related to violations (e.g., speed camera), unpaid parking fees, fines, and any other costs incurred during the limitation period (up to 5 years). Complaints are handled as outlined in section 14.
6. Withdrawal from the contract and termination
6.1. The Lessor has the right to immediately terminate the vehicle rental agreement (by phone call or in documented form: sent SMS and/or email) if the Lessee or User violates essential provisions of the rental agreement, GTC, or general insurance terms, particularly when the Lessee or User uses the vehicle contrary to the agreement or its intended purpose, neglects the vehicle to the extent that it is endangered, allows unauthorized individuals to use the vehicle, or fails to comply with the terms specified in section 11 (International travel). In such cases, the Lessee or User must immediately return the vehicle to the Lessor.
6.2. In case of the Lessee’s delay in payment of the rental fee, deposit, or any other amounts due under the rental agreement or general conditions, the Lessor may immediately terminate the rental agreement (by phone call and/or sent SMS and/or email). In such cases, the Lessee or User must immediately return the vehicle to the Lessor.
6.3. In cases described in sections 6.1 and 6.2, the Lessor or an authorized person/entity has the right to take actions specified in section 10.3.
6.4. If the Lessee or User delays in collecting the vehicle, the Lessor may, at its discretion, either demand a contractual penalty equal to the daily rental rate for each day of delay or withdraw from the agreement within two weeks from the day the circumstances justifying the withdrawal arose.
6.5. The Lessee shall pay the Lessor a contractual penalty for withdrawal from the agreement by the Lessee or termination by the Lessor due to reasons attributable to the Lessee or User, in particular in situations described in sections 6.1, 6.2, and failure to meet the conditions of section 2.2, in the amount of PLN 200.
6.6. The Lessor may withdraw from the agreement within two weeks from the occurrence of events justifying such action, such as theft, destruction, damage, or failure to return the vehicle on time by the Lessee or User, or another force majeure event. In such cases, the Lessor agrees to inform the Lessee or User immediately after learning of the event justifying the withdrawal.
7. Liability and compensation rules
7.1. The Lessee is always liable for damage – so-called own contribution – in the amount specified in the current Price List of the Lessor, in case of:
damage to the vehicle or any other damage, destruction (excluding total loss) or loss of the vehicle, or theft. This amount is non-refundable. The own contribution is intended to cover the resulting damage, including loss of revenue due to vehicle downtime or its loss, depreciation of the vehicle resulting from the incident, covering the deductible under the insurance policy, transport costs, and administrative costs related to handling the damage.
This provision does not apply to Lessees who are consumers under Article 221 of the Civil Code or to natural persons entering into a contract directly related to their business activity, but not of a professional nature, to whom section 7.3 applies.
7.2. In addition to the liability described in 7.1, the Lessee bears full liability for damage (including lost profits) to the rental object not covered by the insurance (including those mentioned in sections 4.3, 4.4), or not fully covered by the insurer, especially where the damage was caused by unauthorized drivers, prohibited use, improper handling, or intentional or negligent acts of the Lessee, including driving under the influence of alcohol, drugs, or use of the vehicle contrary to its intended purpose, such as participation in sports events or illegal transport. This section does not apply to Lessees defined in section 7.3.
7.3. A Lessee who is a consumer or a natural person entering into a contract directly related to their business activity, but not of a professional nature, is liable (contractually) in accordance with the Civil Code for damages resulting from failure to fulfill or improper fulfillment of the contract, specifically for returning the vehicle in a deteriorated condition. Subject to the GTC, including sections 4.3 and 4.4, compensation for such damage (where applicable) will be in the form of contractual penalties/charges defined in the GTC or the current Price List of the Lessor. In case of vehicle damage, destruction, loss, or theft, the own contribution aims to cover all related costs (see 7.1). If the actual cost of damage is lower than the charged fees, the Lessor will promptly refund the difference. The Lessee also bears tort liability under the Civil Code for damages caused intentionally or negligently, including situations described in 4.3 and 4.4, use of the vehicle by unauthorized persons, driving under the influence, or use of the vehicle contrary to its purpose.
7.4. The Lessee is fully liable for mechanical failures of the vehicle caused by their fault, not covered under warranty, especially damage due to incorrect refueling (e.g., petrol instead of diesel), as specified in the current Price List.
7.5. The Lessee is obliged to compensate all losses of the Lessor and repair all damage resulting from improper use of the rental object, including excessive wear, interior damage, or damage caused by smoking, smuggling, or unauthorized use. The Lessee also covers lost revenue based on the daily rental rate for each day of unavailability. This does not apply to consumers as defined in section 7.3. If the insurer refuses to pay due to missing statements or required documents, the Lessee covers the full cost of repair.
7.6. The Lessee is responsible for all damage caused by themselves, the User, or other passengers to third parties during the rental period, not covered or excluded by insurance. This does not apply to consumers as defined in section 7.3.
7.7. The Lessor is not responsible for traffic violations or any resulting penalties incurred by the Lessee or User. The Lessee is obliged to settle all such charges and provide necessary explanations.
7.8. The Lessor is not liable for movable property left or transported in the rented vehicle.
7.9. The Lessee may reduce or waive the own contribution by purchasing the Partial Liability Waiver (CZO) or Full Liability Waiver (ZO) service from the Lessor. The cost depends on the vehicle class and is listed in the Price List. Purchasing CZO or ZO does not release the Lessee from liability in situations specified in 4.3 and 4.4.
8. Procedure in the event of accidents or other emergencies
8.1. Any event that may result in an insurer’s obligation to pay compensation—such as road accidents, burglary, vehicle theft, vehicle or equipment damage including vandalism—must be reported by the Lessee or User immediately to the Lessor at the number provided in the rental agreement (available 24/7, including holidays), along with a written report and a sketch of the incident, no later than the time of vehicle return.
8.2. The Lessee or User must immediately call the appropriate authorities (especially the Police) in the event of any road accident or collision involving the vehicle, and must report any fire, theft, or other damage, regardless of fault.
8.3. The Lessee or User must take all necessary actions required by traffic regulations to ensure road safety at the scene of the accident.
8.4. If the incident was caused by a third party whose identity can be determined, the User must obtain a statement from the perpetrator and the Police confirming the perpetrator’s fault, including all necessary data required by the insurance company, such as name, registration number and brand of the vehicle, policy number, and insurer’s name. If the perpetrator is unknown, the Lessee or User must promptly notify the Police in accordance with 8.1.
8.5. The User must immediately notify the Lessor if the vehicle becomes unfit for travel, sustains any damage, or if the registration certificate is electronically flagged by the Police.
8.6. The User must follow the Lessor’s instructions. Further actions depend on the type of damage. Failure to follow the Lessor’s instructions or insurance terms will result in full liability for any resulting losses or damages.
8.7. In case of damage, the Lessee or User must take all available measures to minimize damage and protect the vehicle from further harm.
9. Repairs
9.1. Any maintenance services, repairs, or other interventions related to the vehicle may only be performed by the User with prior notification to and explicit approval from the Lessor.
9.2. The User is required to report to an authorized service center at the time and place specified by the Lessor in the event of a malfunction that could lead to further damage, pose a traffic safety risk, or result in inadequate protection against theft. This obligation also applies to mandatory…
9.3. Any repairs due to failure or negligence on the part of the Lessee or User shall be at the Lessee’s expense.
10. Handover and return of the vehicle
10.1. The User agrees to return the vehicle in good condition (as per section 3.3), with full equipment and documentation. Pickup and return dates and times are stated in the rental agreement. If the Lessor agrees (according to these terms) to extend the rental period, the actual rental duration will be confirmed in the return protocol. All…
10.2. In the event of a late return, the User must pay the contractual penalty specified in section 4.7. Additionally, the Lessor may exercise the rights outlined in section 10.3.
10.3. In the cases described in sections 6.1, 6.2, 10.2, or if the vehicle is not returned on time or after the rental contract has expired, or as per sections 4.7 and 4.8, the Lessor or an authorized person/entity has the right to immobilize, open, tow, or retrieve the vehicle to the Lessor’s premises, regardless of the …
10.4. Due to reasons justified by the rental agreement, the rights described in section 10.3 and the related authorizations granted by the Lessee or User to the Lessor or their authorized representative are irrevocable.
10.5. If the vehicle is returned without a complete set of keys, both license plates, the registration certificate, fire extinguisher, or any other items listed in the Protocol, the Lessee must pay contractual penalties or fees specified in the current Price List for each missing part.
11. International travel
11.1. Traveling outside Poland with the rented vehicle requires prior written or documented consent from the Lessor and the purchase of additional insurance valid outside the Republic of Poland, at the expense of the Lessee or User. Foreign travel is permitted only within EU countries, Switzerland, and Norway. Failure to comply will result in a contractual penalty specified in Annex 1 of the GTC and may lead to immediate termination of the rental agreement as per section 6.1 and enforcement actions under section 10.3.
12. Governing law, jurisdiction, and other provisions
12.1. Any changes, termination, withdrawal, or notifications arising from or related to the contract must be made in writing or documented form, unless otherwise stated in these GTC.
12.2. Unless otherwise specified, all notifications under or related to the agreement shall be considered effective:
- a) on the day of delivery, if delivered in person or by messenger,
- b) on the day of delivery or 14 days from the date of sending, if sent by registered mail,
- c) on the day of sending, if sent via email or SMS.
This does not apply to Lessees who are consumers under Article 221 of the Civil Code or individuals entering into a contract directly related to their business activity but not of a professional nature.
12.3. The Agreement, annexes, acceptance of the GTC, and any attachments are concluded either in writing (signed by the Lessee or authorized User and the Lessor’s representative) or in documented form (e.g., via email, SMS, recorded phone calls) using electronic devices such as the Lessor’s tablet. If signed in documented form, copies are immediately sent to the email address provided in the contract.
12.4. The stipulation of contractual penalties or fees in the GTC does not affect the Lessor’s right to claim compensation exceeding such penalties.
12.5. The Lessee or User may not assign rights or obligations under the Agreement to third parties without the Lessor’s written consent. The Lessor may assign its rights or obligations without the Lessee’s consent.
12.6. All annexes to the rental agreement and GTC form an integral part of the rental contract.
12.7. The Agreement is governed by Polish law. Any matters not regulated herein shall be governed by the Civil Code.
12.8. Jurisdiction lies with the court competent for the Lessor’s registered office.
13. Storage and processing of personal data
13.1. Providing personal data is voluntary but necessary for the conclusion or performance of contracts, or for taking steps at the request of the data subject prior to entering into such contracts. Failure to provide personal data will result in the inability to conclude and execute the agreement.
13.2. All information regarding the Lessor’s data processing practices, including the data controller, purpose, scope, and retention period, is included in the Information on Personal Data Processing attached to the rental agreement and defined in the Privacy Policy available from the Lessor.
13.3. In order to detect and prevent crimes and protect the Lessor’s property, vehicles are equipped with electronic devices (GPS) to track vehicle routes. This information may be used during and after the rental period in the event of necessity (e.g., unlawful appropriation of the vehicle), in accordance with applicable laws.
14. Complaints
14.1. Complaints may be submitted by mail to the address provided in the rental agreement or via email to: [email protected]. The complaint should include details of the rental agreement, the rented vehicle, and a description of the issue.
14.2. The Lessor will respond to a consumer complaint within 14 days of receipt.
14.3. The Lessee has the option of using out-of-court complaint and redress procedures. The European Commission publishes a list of entities handling such consumer dispute resolutions on the ODR (Online Dispute Resolution) platform available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=PL.
14.4. The Lessor can be contacted by mail at the address provided in the agreement, by phone at +48 573666859, or by email at [email protected].
14.5. In the event of vehicle damage, the client must report it to the rental company to determine further repair procedures and cost responsibility. If damage is discovered after the vehicle is returned, documented and verified (in the presence or absence of the client—in cases of abandonment or scheduled drop-off), the rental company may remotely charge the client’s card to cover repair or vehicle downtime costs.
Appendix No. 1 to the Terms and Conditions – Contractual Penalties
Smoking in the car, transporting animals, towing other vehicles, losing license plates or registration documents, or removing vehicle markings without the Lessor’s consent – PLN 700
Interior cleaning – PLN 300
Exterior washing – PLN 90
Refueling with the wrong fuel – PLN 2,000
Failure to attend service, loss of warranty due to Lessee/User fault – PLN 2,000
Loss of registration plates – PLN 800
Loss of key – PLN 2,000
Loss of registration certificate – PLN 700
Missing first aid kit, warning triangle, fire extinguisher – PLN 100 each
Missing hubcap – PLN 250 each
Traveling abroad without EVOCARO’s consent – PLN 2,000
Lack of fuel – PLN 10 per liter
Missing parts of equipment not listed in the price list – based on manufacturer’s valuation + 20%
Extension of rental without EVOCARO’s consent – 400% of the daily rate per day
Sharing the vehicle with a non-EVOCARO user – PLN 2,000
Charges for Vehicle Downtime (e.g., related to vehicle damage):
Mini and Economy Class – PLN 1,500
Compact and Small Vans – PLN 2,000
Family, SUV, and Minivan Class – PLN 2,500
Premium and Iconic Class – PLN 4,000
Luxury, VAN, and Large Delivery Vehicles – PLN 5,000
Deposits:
Mini and Economy Class – PLN 1,500
Compact and Small Vans – PLN 2,000
Family, SUV, and Minivan Class – PLN 2,500
Premium and Iconic Class – PLN 4,000
Luxury, VAN, and Large Delivery Vehicles – PLN 5,000
Total Loss (penalty does not apply to consumers): PLN 5,000
Other Fees:
Return at a different EVOCARO branch – PLN 499
Return in another EU country – PLN 8/km
Traveling abroad – PLN 500
