**GENERAL RENTAL CONDITIONS:**
1. **GENERAL PROVISIONS:**
These General Rental Conditions (hereinafter referred to as: GRC) define the rights and obligations of the parties to the agreement, the subject of which is the lease by GB Rent sp. z o.o., based in Poznań (61-044), at ul. Mogileńska 50, registered in the National Court Register maintained by the District Court - Poznań Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register under the number KRS 0000422694, with NIP number: 7822550049, REGON: 302128189 (hereinafter referred to as: Lessor) for a specified period to the client (hereinafter referred to as: Lessee) specified in the vehicle rental agreement (hereinafter referred to as: Rental Agreement).
The GRC apply to all Vehicle Rental Agreements unless the Rental Agreement provides otherwise.
In the event of a conflict between the GRC and the Rental Agreement, the terms of the Rental Agreement shall prevail.
Whenever the GRC refers to:
Lessee – this means the party to the vehicle rental agreement concluded with the Lessor within the framework of the Vehicle Rental conducted by the Lessor, other than the Lessor or a person who has made a Vehicle Reservation through the website www.gbrent.pl or otherwise;
User – this means the Lessee and any other natural person designated by the Lessee in the rental agreement as an authorized driver;
Documentary form – this means the documentary form within the meaning of the provisions of the Civil Code (art. 772 - 773 of the Civil Code), including in particular documents in writing, SMS, email, or a recorded telephone conversation;
Additional fees – this means the list of fees from 5 sec. 4 item 1) GRC.
Other costs – this means the list of costs from 5 sec. 4 item 2) GRC.
Business Day – a day other than Saturday, Sunday, and a public holiday;
Reservation – the Lessee's declaration of intent made using the Reservation Form, by phone, electronically (via email), or at the branch where the Lessor conducts business, aimed directly at concluding an Agreement with the Lessor;
Estimate – an independent calculation of vehicle repair costs based on the manufacturer's standards, taking into account in particular the costs of parts subject to repair or replacement and the labor costs required to carry out the repairs.
2. **LESSEE AND PERSONS AUTHORIZED TO DRIVE THE VEHICLE**
The Lessee of the vehicle may be a natural person, a legal entity, or an organizational unit without legal personality, to which the law grants legal capacity (an imperfect legal entity).
The Lessee of the vehicle being a natural person must meet the following requirements on the day of concluding the Rental Agreement:
- is at least 21 years old,
- has held a driving license for at least one year, and in particular, has not been deprived of the right to drive by the competent authority, and is not subject to proceedings that could lead to the deprivation of the right to drive,
- holds a valid ID card or other valid document confirming identity (e.g., passport),
- holds a valid document confirming the right to drive (e.g., driving license).
The Lessee being a natural person is required to present to the Lessor for the purpose of concluding the Rental Agreement and releasing the vehicle:
- an ID card or other valid document confirming identity (e.g., passport),
- a document confirming the right to drive (e.g., driving license),
- a certificate of entry in the CEIDG – in the case of concluding the agreement as an entrepreneur,
- in the case where the person signing the agreement on behalf of the Lessee acts as an attorney/authorized person – proof of authorization to conclude the Rental Agreement (e.g., power of attorney), except in cases where the authorization is evident from the document mentioned in item 3) above.
The Lessee being a legal entity or an imperfect legal entity is required to present to the Lessor for the purpose of concluding the Rental Agreement and releasing the vehicle:
- information corresponding to the current extract from the Register of Entrepreneurs of the National Court Register or another appropriate register, showing the current data on the representation of the Lessee,
- in the case where the person signing the agreement on behalf of the Lessee acts as an attorney/authorized person – proof of authorization to conclude the Rental Agreement (e.g., power of attorney), granted in accordance with the representation rules resulting from the Register of Entrepreneurs of the National Court Register or another appropriate register, showing the current data on the representation of the Lessee, except in cases where the authorization is evident from the document mentioned in item 1) above.
The vehicle subject to the Rental Agreement may only be driven by:
- the Lessee being a natural person,
- the person indicated in Annex No. 2 to the Rental Agreement (hereinafter referred to as: User), who meets the requirements specified in item 2 above.
In the event of intending to authorize another person to use the vehicle, the Lessee is required to approach the Lessor, under the terms provided for in § 1 sec. 4 of the Rental Agreement, to obtain consent in this regard, submitting the relevant documents mentioned in item 3 above.
From the moment the vehicle is handed over to the Lessee under the concluded Rental Agreement, the Lessee is responsible for the vehicle and the actions and omissions of the User, particularly for the User's compliance with the terms of the Rental Agreement and the GRC. In the event of the Rental Agreement being concluded by more than one Lessee, their liability is joint and several. The Lessee is required to inform the User of the provisions of the GRC and the Rental Agreement regarding the Lessee's obligations and the rules of conduct in the event of an accident or vehicle breakdown.
The provisions of these GRC and the Rental Agreement relating to the Lessee apply accordingly to the User of the vehicle.
If the Lessee being a natural person or the User is found not to meet the requirements specified in item 2 above, the Lessor is entitled to refuse to conclude the Rental Agreement or terminate it with immediate effect.
3. **CONCLUSION OF THE RENTAL AGREEMENT. DURATION OF THE RENTAL AGREEMENT. VEHICLE HANDOVER.**
The Lessor and the Lessee conclude the Rental Agreement and fill out and sign the vehicle handover protocol in written form under the pain of nullity. Written form for the Lessor and the Lessee also means signing documents (including the agreement, protocol) on a tablet or another similar mobile device with a biometric layer and appropriate software installed. The documents mentioned in the first sentence, together with the GRC document, constitute the content of the Rental Agreement.
By signing the documents mentioned in sec. 1 above, the Lessee declares that they have read their content.
The rental period begins on the date specified in the Rental Agreement or the date of vehicle handover indicated in the handover protocol. In the case of different dates, the rental period begins on the earlier date.
The vehicle subject to the lease is handed over to the Lessee in a technically functional condition, clean, without visible damage, with a complete set of documents necessary for its use, one set of keys (and/or remote), and filled with fuel, which the parties are obliged to confirm by signing the handover protocol. The Lessee is obliged to report any remarks or reservations about the vehicle's condition to the Lessor as soon as possible after noticing them.
4. **LESSEE'S OBLIGATIONS**
The Lessee is obliged to pay the Lessor rent, additional fees, other costs, and other dues in the amount and under the terms specified in the Rental Agreement and these GRC.
The Lessee agrees to use the vehicle provided under the Rental Agreement with due diligence and return it in the condition it was handed over, with all received documents, keys (and/or remote), and equipment, considering normal wear and tear.
The Lessee agrees to use the vehicle in the manner specified in the Rental Agreement and appropriate to the vehicle's properties and purpose, according to the instructions and guidelines of the Lessor, and also agrees to:
- comply with the law in force in the country and the specific area where the vehicle is used, especially traffic regulations and local laws,
- have the necessary documents required by traffic control in the country and the specific area where the vehicle is used (including a valid and recognized driving license in the relevant country, vehicle registration certificate, insurance policy, or proof of payment, rental certificate),
- secure the vehicle and its equipment against theft (locking the car, activating all anti-theft devices, not leaving the registration certificate in the vehicle, carefully storing vehicle registration documents). If the vehicle is not in use, the Lessee agrees to leave it in a guarded parking lot or fenced property; the Lessee bears the full cost of parking and storage; it is forbidden to leave documents, keys, or the radio panel and satellite navigation in the vehicle if it has such equipment;
- perform the vehicle's routine maintenance at their own expense (checking and refilling oils, fluids, tire pressure, checking, and possibly replacing bulbs), especially using the appropriate fuel type for the given engine type as specified in the vehicle's registration certificate and technical documentation,
- keep the vehicle clean,
- pay fines and other monetary penalties, tolls, and other fees for using road infrastructure, parking fees, and additional fees for not paying the above-mentioned fees, as well as any private and public charges arising from the use of the vehicle, unless the Lessee proves that they or the User are not responsible for the obligation to pay such amounts. The Lessee is obliged to reimburse the Lessor for the amounts the Lessor paid on behalf of the Lessee for the Lessee's obligations mentioned in the previous sentence and to reimburse any costs incurred by the Lessor for
providing information to the relevant authorities regarding the person responsible for paying the amounts mentioned in the previous sentence if they arise from the use of the vehicle in a manner contrary to the Rental Agreement or the GRC, or in violation of applicable laws.
Using the vehicle in a manner inconsistent with its intended use or in violation of laws is prohibited, especially:
- participating in competitions and races with the vehicle,
- using the vehicle on unpaved roads or areas,
- transporting corrosive, dirty, sharp-edged materials, or others that may cause corrosion, damage, or dirt to any car elements,
- driving the vehicle under the influence of alcohol, drugs, or other intoxicants,
- towing other vehicles with the rented vehicle,
- exceeding the vehicle's allowable load capacity,
- carrying more passengers than permitted,
- bringing prohibited goods into or taking them out of the customs area of the Community using the vehicle,
- smoking tobacco products or electronic cigarettes in the vehicle,
- consuming alcohol,
- taking drugs,
- making any modifications or changes to the vehicle without the Lessor's consent,
- transporting animals in the vehicle,
- leaving the Republic of Poland with the vehicle without written consent from the Lessor, especially entering the following countries: Russia, Ukraine, Belarus, Moldova, Serbia, Bosnia and Herzegovina, and other non-EU countries,
- removing or covering up markings on the vehicle, including the Lessor's company markings, unless the Lessor gives written consent,
under penalty of additional fees in the amount specified in § 5 sec. 4 GRC.
Subject to § 3 sec. 3 of the Rental Agreement, the Lessee is not authorized to perform maintenance, repairs, and improvements to the rented vehicle, including installing additional equipment.
In the event of a breakdown or defect in the vehicle, the Lessee is obliged to immediately notify the Lessor by electronic means at the Lessor's email address indicated in the Rental Agreement and by phone at the number indicated in the Rental Agreement to obtain their position. If the breakdown or defect may pose a threat to safety or could lead to vehicle damage, further driving is prohibited. If it is impossible to restore the vehicle to technical efficiency, the Lessor is obliged to provide the Lessee with another vehicle. The Lessor is not responsible for the Lessee's damage resulting from a defect or breakdown of the vehicle.
In the event of vehicle damage, the Lessee is obliged each time to immediately report the vehicle damage to the Lessor by electronic means at the Lessor's email address indicated in the Rental Agreement and by phone at the number indicated in the Rental Agreement, especially if the vehicle is involved in a road incident, including any collision. The Lessee is obliged to:
- immediately notify the Lessor of the location and course of the event,
- call the police to the scene and obtain binding information essential for reporting the damage,
- obtain a relevant statement from the event participants, in the case of fault on the part of another participant, obtain the necessary data for reporting the damage (including the insurance company's name, policy number),
- secure the vehicle,
- provide all collected information to the Lessor.
The obligations listed in sec. 7 items a), b), and e) above also apply in the event of vehicle theft. Additionally, the Lessee is obliged to immediately, no later than within 24 hours from the discovery of the theft, return the vehicle keys and documents to the Lessor.
The Lessee acknowledges that failure to comply with the obligations listed in sec. 7 and 8 above may result in the inability to report the damage and the insurer's refusal to pay the Lessor compensation, which entails liability as mentioned in these GRC.
Each reported/identified vehicle damage in the Handover Protocol will result in the Lessee being charged a contractual penalty under the terms described in § 6 sec. 2-9 of these GRC.
The Lessee is entitled to a replacement vehicle only in case of a long-term rental agreement (in relation to short-term rental agreements, no replacement vehicle is provided) for the period and under the conditions described below:
- in the case of damage covered by the third party's liability insurance (damage without the Lessee's fault) – a replacement vehicle is provided for the repair period, but not longer than the period indicated by the insurer, confirmed by a payment guarantee from the insurer,
- in the case of damage covered by comprehensive insurance (damage caused by the Lessee) – a replacement vehicle is provided for the repair period, but not longer than 5 calendar days, unless the parties agree otherwise,
- in the case of vehicle breakdown – a replacement vehicle is provided for the repair period, but not longer than 5 calendar days, unless the parties agree otherwise,
- in the case of a vehicle defect covered by warranty – a replacement vehicle is provided for the repair period, but not longer than 5 calendar days, unless the parties agree otherwise,
- in the case of periodic service, technical inspection, tire replacement – a replacement vehicle is provided for the service period, but not longer than 24 hours.
The Lessee is not entitled to sublet or lend the vehicle to a third party. Breach of the prohibition mentioned in the previous sentence entails the obligation to pay an additional fee in the amount specified in § 5 sec. 4 item 1) GRC.
In the case where the Lessee is an entrepreneur, the Lessor or another authorized person has the right to inspect the use and condition of the vehicle during the Lessee's working hours, and the Lessee is obliged to allow the inspection.
The Lessor is not liable for any damage suffered by the Lessee or third parties, as well as for the loss of the vehicle or its elements if the damage/loss of the vehicle resulted from the Lessee's failure to comply with the obligations specified in this chapter, other provisions of the GRC, or the terms of the Rental Agreement.
The Lessee is responsible for all violations of the law involving the vehicle, including those resulting in charges against the vehicle owner during the rental period. If the competent authority requests the Lessor to provide the data of the vehicle user at the time of the law violation involving the vehicle, the Lessor will provide this entity with the Lessee's data and the data of the persons indicated in Annex No. 2 to the Rental Agreement, to which the Lessee unconditionally agrees. In such cases, the Lessee is obliged to reimburse the Lessor for the charge handling costs calculated according to the rules specified in 5 sec. 4 GRC. If the Lessor receives a letter from the competent authority indicating the obligation to pay the amounts mentioned in this point, the Lessor will immediately request in writing, by phone, or electronically the Lessee to settle these amounts. The request will include an invoice covering the charge handling costs.
5. **FEES**
For using the vehicle based on the terms of the concluded Rental Agreement, the Lessee is obliged to bear the following costs:
- rental fee – in the amount and within the deadlines indicated on the invoice,
- advance payment towards the rent resulting from the Rental Agreement if requested by the Lessor – on the day of concluding the Rental Agreement,
- refundable deposit if requested by the Lessor – on the day of concluding the Rental Agreement,
- related to the use of the vehicle during the rental period, especially the costs of fuel, lubricants, and technological fluids, tolls, and other burdens according to the content of § 4 sec. 3 item 4 GRC,
- additional fees and other costs related to the Rental Agreement.
Rental fee
The Lessee is obliged to pay the rental fee in the amount and within the deadlines indicated on the invoice, no later than within 14 days from the invoice date.
The rental fee is charged from the start of the rental period in accordance with § 3 sec. 3 GRC.
Delay in returning the vehicle exceeding 1 hour from the agreed time will result in charging the rent for each subsequent day, unless the Lessee is not at fault for the delay. The invoice for the period of unauthorized use will be issued no later than by the end of the month in which the vehicle was returned by the Lessee/recovered by the Lessor. Such calculated delay fee does not exclude the Lessor's right to charge a one-time contractual penalty as referred to in § 7 sec. 6 GRC.
The rental fee paid by the Lessee under the terms of the vehicle rental agreement includes third-party liability and comprehensive insurance.
Refundable deposit
At the latest when the vehicle is handed over, the Lessor may require the Lessee to pay a refundable deposit in a specified amount to secure potential claims of the Lessor for rental fees, additional fees, and/or other costs referred to in § 5 sec. 4 GRC, and/or contractual penalties related to vehicle damage or immediate termination of the Agreement due to the Lessee's fault, and other compensation claims referred to in § 6 GRC.
The Lessee will pay the deposit into the Lessor's bank account indicated in the Rental Agreement, in cash at the Lessor's cashier, or using a payment card. The deposit amount paid by the Lessee in cash at the cashier or using a payment card will be immediately transferred by the Lessor to the bank account referred to in the previous sentence.
The Lessor is entitled to cover the Lessee's overdue payments from the deposit for the rental fees, additional fees, and/or other costs referred to in § 5 sec. 4 GRC, and/or contractual penalties related to vehicle damage or immediate termination of the Agreement due to the Lessee's fault, and other compensation claims referred to in § 6 GRC. The above does not exclude the Lessor's ability to claim amounts exceeding the deposit value under the Rental Agreement.
After each settlement of the overdue amounts from the deposit value under the Rental Agreement, the Lessee will receive a notification from the Lessor at the email address indicated in the Rental
Agreement. The notification will indicate the basis for the settlement, e.g., VAT invoice/account note data and the settlement amount.
In the event of the proper performance of the Rental Agreement and the return of the vehicle in accordance with it, the deposit will be refunded to the Lessee within 14 days in the amount corresponding to the nominal value of the paid sum. The deposit refund will occur based on a written or emailed instruction/statement of the Lessee with the request for a deposit refund to the bank account number indicated in the statement. If the deposit was paid by bank transfer, the refund will be made to the bank account from which the deposit was paid.
Additional fees and other costs:
The Lessor charges the Lessee an additional fee for:
**Event Justifying the Additional Fee** | **Net Amount** | **Gross Amount**
--- | --- | ---
Exceeding the upper mileage limit specified in the Rental Agreement | Rate per 1 km 0.19 to 0.49 PLN - specifically indicated in the Rental Agreement | Rate per 1 km 0.23 to 0.60 PLN + VAT - specifically indicated in the Rental Agreement
Increasing the daily mileage limit by 100 km/day depending on the vehicle class | 30.00 PLN/day - 60.00 PLN/day | 36.90 PLN/day - 73.80 PLN/day
Restoring the vehicle to cleanliness at the time of handover (washing and exterior cleaning) | 50.00 PLN | 61.50 PLN
Restoring the vehicle interior to cleanliness at the time of handover (non-permanent stains on seats, upholstery, or trunk) | 250.00 PLN | 307.50 PLN
Giving permission to return the vehicle outside the Lessor's working hours or returning the vehicle outside the Lessor's working hours without the Lessor's consent | 100.00 PLN | 123.00 PLN
Giving permission for the vehicle to travel abroad / each started day of using the vehicle abroad without permission | 200.00 PLN once | 246.00 PLN once
Canceling the rental agreement up to 24 hours before the vehicle handover date | 200.00 PLN | 246.00 PLN
Handling charges related to traffic law violations and other legal/regulation violations - per event (divided by charge amount) | A) 200.00 PLN if the perpetrator is identified B) 200.00 PLN + fine amount when the Lessor incurs costs | A) 246.00 PLN if the perpetrator is identified B) 246.00 PLN + fine amount when the Lessor incurs costs
Giving permission to return the vehicle at a location other than specified in the Rental Agreement | 200.00 PLN + 2.00 PLN per km from the nearest branch | 246.00 PLN + 2.46 PLN per km from the nearest branch
Giving permission for the vehicle to be used by an additional driver | 10.00 PLN per day | 12.30 PLN per day
Damage, loss, or theft of vehicle keys or remote | 2,000.00 PLN | 2,460.00 PLN
Damage, loss, or theft of vehicle documents | 500.00 PLN | 615.00 PLN
Loss or theft of the vehicle's insurance policy | 100.00 PLN | 123.00 PLN
Damage, loss, or theft of a license plate or registration sticker on the vehicle window | 1,000.00 PLN per instance | 1,230.00 PLN per instance
Violation of the smoking ban in the vehicle | 500.00 PLN per instance | 615.00 PLN per instance
Driving the vehicle at a speed over 150 km/h | 300.00 PLN per instance | 369.00 PLN per instance
Violation of the ban on transporting animals in the vehicle | 200.00 PLN per instance | 246.00 PLN per instance
Causing the vehicle to lose warranty | 2,500.00 PLN per instance | 3,075.00 PLN per instance
Fueling the vehicle with the wrong type of fuel | 500.00 PLN + repair costs | 615.00 PLN + repair costs
Disassembling, exchanging vehicle parts, or making modifications without the Lessor's consent | 2,500.00 PLN per instance | 3,075.00 PLN per instance
Subletting or lending the vehicle without written consent from the Lessor | 2,500.00 PLN per instance | 3,075.00 PLN per instance
Leaving the Republic of Poland with the vehicle without written consent from the Lessor | 2,500.00 PLN per instance | 3,075.00 PLN per instance
Returning the vehicle with less fuel than indicated at handover | 75% - 200.00 PLN 50% - 300.00 PLN 25% - 400.00 PLN 0% - 500.00 PLN | 75% - 246.00 PLN 50% - 369.00 PLN 25% - 492.00 PLN 0% - 615.00 PLN
Equipping the vehicle with a child seat | 50.00 PLN once per item | 61.50 PLN once per item
Equipping the vehicle with a child booster seat | 50.00 PLN once per item | 61.50 PLN once per item
Waiving the contractual penalty, referred to in § 6 sec. 2 GRC, in an amount dependent on the vehicle class | 50.00 PLN / day - 100.00 PLN / day | 61.50 PLN / day - 123.00 PLN / day
The Lessee will be charged other costs:
related to the Rental Agreement, especially:
- all costs related to the Lessor recovering the vehicle, including towing costs,
- actual repair costs incurred by the Lessor during the rental period or repair costs calculated based on the Repair Estimate, not covered by the vehicle's insurer.
- unauthorized use of the vehicle calculated for each day of delay in returning the vehicle at twice the daily rate specified in § 4 sec. 1 of the Rental Agreement.
Additional fees and other costs will be shown on a separate invoice or on the rental fee invoice for the settlement period related to the occurrence of one of the events described in item 2) sub-items a. and b. above, related to their calculation and payable within the deadline indicated on the invoice, no later than within 14 days from the invoice date.
6. **VEHICLE INSURANCE. LESSEE'S LIABILITY. CONTRACTUAL PENALTIES**
The vehicle subject to the Rental Agreement is insured for third-party liability, comprehensive insurance, and personal accident insurance. The Lessee declares that they have read the insurance terms and are aware of the contractual obligations, especially the deadline and scope for reporting a claim. In particular, the Lessee is aware that the insurance coverage does not include, among others, damages in the case of: fleeing the scene, making a false statement about the place, time, circumstances, and causes of the damage, driving under the influence of alcohol, drugs, or psychotropic substances, and without a valid driving license. The Lessee is also aware that the insurance coverage does not include car theft if the keys and/or vehicle documents are not returned to the Lessor and if the vehicle was not properly secured against theft and burglary.
In the event of damage to the Lessor resulting from vehicle damage, regardless of whether the vehicle damage occurred during the Lessee's use based on the Rental Agreement, after the Rental Agreement ended (expiration of the term for which the Rental Agreement was concluded, agreement between the parties to end the Rental Agreement), or after the Rental Agreement was terminated by the Lessor with immediate effect, and regardless of whether and to what extent the Lessee contributed to the damage, the Lessee is obliged to pay the Lessor a contractual penalty for each reported and/or identified damage in the Handover Protocol according to the vehicle class, as per the following table:
**Vehicle Class** | **Contractual Penalty**
--- | ---
B - CITY | 2,000.00 PLN
C - CROSSOVER | 3,000.00 PLN
S - SUV.SMALL | 3,000.00 PLN
C - CROSSOVER.A | 3,000.00 PLN
C - COMPACT | 3,000.00 PLN
C - COMPACT.A | 3,500.00 PLN
C - CROSSOVER.V | 3,000.00 PLN
C - PREMIUM.M | 3,500.00 PLN
C - PREMIUM | 4,000.00 PLN
D - PREMIUM | 4,000.00 PLN
D - MEDIUM.M | 4,000.00 PLN
D - MEDIUM | 4,000.00 PLN
D - MEDIUM.A | 4,000.00 PLN
S - SUV.LARGE.V | 3,500.00 PLN
S - SUV.MEDIUM.V | 3,500.00 PLN
E - UPPER.M | 4,000.00 PLN
E - UPPER | 4,000.00 PLN
S - SUV Premium | 4,000.00 PLN
S - SUV.LARGE | 4,000.00 PLN
S - SUV.MEDIUM.A | 4,000.00 PLN
S - SUV.MEDIUM | 4,000.00 PLN
V - VAN.MINI | 4,000.00 PLN
V - VAN.MEDIUM | 4,000.00 PLN
V - VAN.LARGE | 4,000.00 PLN
X - DELIVERY | 4,000.00 PLN
X - OFF-ROAD | 4,000.00 PLN
The vehicle class, on which the contractual penalty amount depends according to sec. 2
above, is specified in § 1 sec. 1 of the Rental Agreement.
The Lessee is obliged to pay the contractual penalty mentioned in item 2 above regardless of the actual damage to the Lessor and regardless of the compensation amount received by the Lessor from the vehicle insurer.
The contractual penalty mentioned in item 2 above is due to the Lessor for each damage caused by separate events causing damage.
In the case where the contractual penalty imposed under the terms of sec. 2-5 above is related to vehicle damage identified in the Handover Protocol drawn up in the situations described in § 7 sec. 9 GRC or a protocol drawn up in the cases mentioned in § 8 sec. 2 of the Rental Agreement, the Lessee is obliged to pay twice the contractual penalty specified in sec. 2 above.
If the size of the damage, determined by the Repair Estimate prepared by the Lessor after the Rental Agreement ends, in the situations described in § 7 sec. 9 GRC or during the handover protocol in the cases mentioned in § 8 sec. 2 of the Rental Agreement, significantly (twice) exceeds the contractual penalty amount specified in sec. 6 above, the Lessee is obliged to compensate for the damage on general terms, to its full extent.
Regardless of the liability specified in this chapter of the GRC, the Lessee is obliged to pay contractual penalties for non-monetary contractual obligations indicated in the Rental Agreement.
Consumers are liable for the payment of contractual penalties referred to in these GRC and the Rental Agreement if the damages result from their fault, understood as both intentional and unintentional fault, including gross negligence.
7. **RENTAL TERMINATION. VEHICLE RETURN**
The Lessee is obliged to return the vehicle to the Lessor at the location and time specified in the Rental Agreement or in the Lessor's immediate termination notice. Returning the vehicle at a location other than specified in the previous sentence, chosen by the Lessee from the locations indicated in Annex No. 1 to these GRC, is only possible if the Lessee informs the Lessor in writing or electronically at the address indicated in the Rental Agreement of their intent to return the vehicle at this location at least 3 days before the vehicle return date specified in the Rental Agreement or termination notice and obtains written or electronic consent from the Lessor for the vehicle return at the location indicated by the Lessee. In such a case, the Lessee is required to pay an additional fee according to the content of § 5 sec. 4 item 1) GRC.
Extending the vehicle rental is only possible if the Lessee informs the Lessor in writing or electronically at the address indicated in the Rental Agreement of their intent to extend the rental at least 24 hours before the vehicle return date specified in the Rental Agreement and obtains documented consent from the Lessor to extend the Rental Agreement.
The vehicle must be returned in a non-deteriorated condition, with the same amount of fuel as when handed over, clean, with the documents and equipment provided, under penalty of charging the Lessee additional fees according to the content of § 5 sec. 4 item 1) GRC.
In case of the Lessee's delay in returning the vehicle, at the time mentioned in § 2 sec. 1 of the Rental Agreement, the Lessor will send the Lessee a written and/or electronic request to return the vehicle.
In case of the Lessee's failure to return the vehicle within the deadline specified, according to the content of sec. 4 above, the Lessor will take all legally provided measures to enforce the vehicle's return, particularly:
- notify the relevant authorities of the suspected offense of vehicle misappropriation and/or take the matter to court,
- cut off the fuel supply and thus prevent the vehicle from moving,
- enter the premises to which the Lessee has legal title to recover the vehicle, also through authorized third parties.
The Lessee will bear all costs related to the Lessor recovering the vehicle, including towing costs and unauthorized use of the vehicle costs, according to the content of § 5 sec. 4 item 2) GRC.
On the day following the ineffective expiration of the deadline set for the Lessee to return the vehicle – indicated in the request sent to them or the termination notice, the Lessor will charge the Lessee a one-time contractual penalty of 5,000.00 PLN (in words: five thousand PLN 00/100) based on an issued and sent to the Lessee, via email at the address indicated in the Rental Agreement, accounting note. Payment of the contractual penalty mentioned in the previous sentence does not affect the Lessee's obligation to cover other costs, including those related to the Lessor recovering the vehicle, as mentioned in sec. 5 above.
The vehicle's condition at the time of return is determined in the return protocol. The protocol's findings are binding on the Parties.
The vehicle return can be done only by the Lessor in the following cases:
- abandonment of the vehicle by the Lessee,
- enforced vehicle recovery in the cases specified in the Rental Agreement or GRC,
- returning the vehicle outside the Lessor's working hours or at a location other than specified in the Rental Agreement.
The return protocol in the cases mentioned in sec. 8 above, confirming the vehicle's recovery by the Lessor, is prepared at the earliest possible time for the Lessor. The return protocol is sent to the Lessee in writing or electronically at the email address indicated in the Rental Agreement.
8. **FINAL PROVISIONS**
If the Rental Agreement or GRC specifies a deadline for the Lessee to pay certain dues, the Lessee is obliged to pay them within the deadlines indicated on the VAT invoice or accounting note issued by the Lessor.
The Lessee declares that they have read the Rental Agreement and GRC and fully accept all their terms, and that they received the GRC before concluding the Rental Agreement, which they confirmed by signing the presented document, on a tablet or another similar mobile device with a biometric layer and appropriate software installed, or that they received the GRC electronically at the email address they provided.
The Lessor is not liable for items left or transported in the vehicle by the Lessee. The Lessor is entitled, after an ineffective request to the Lessee to collect the items left or transported in the vehicle, to destroy these items at the Lessee's cost and risk.
Any disputes arising from the execution of the Rental Agreement will be resolved by the court competent for the Lessor's registered office. This provision does not apply to agreements concluded with consumers within the meaning of the Civil Code.
The Lessor will inform the Lessee of any changes to the GRC via email sent to the Lessee's address indicated in the Rental Agreement. If the Lessee does not agree with the changes to the GRC, they are entitled within 7 days from receiving the notification from the Lessor to declare in writing that they do not accept the changes to the GRC. In such a situation, the Agreement terminates within 7 days from the date of the Lessor receiving the Lessee's statement of non-acceptance of the changes to the GRC. The Lessee is obliged to return the Car on the day of the rental agreement's termination. In the absence of the Lessee's objection to the changes to the GRC, these changes apply from the 8th day from the date the Lessee received the information from the Lessor, according to the first sentence of this paragraph.
The Parties may amend the Rental Agreement in writing or electronically by exchanging emails at the addresses indicated in the Rental Agreement. Regarding the Parties' statements in the Rental Agreement concerning the extension of the Rental Agreement's term, termination of the Rental Agreement, or termination without notice with immediate effect, the Lessor and the Lessee allow for written or electronic form by sending an email statement of intent to the other party's email address indicated in the Rental Agreement.
In matters not regulated by these GRC and the Rental Agreement, the provisions of generally applicable law shall apply.
These GRC are effective from the day ……………………..
