Rental conditions

VEHICLE RENTAL TERMS AND CONDITIONS Renter 1. The vehicle may be rented to a Renter being a natural or a legal person. 2. Detailed data of the Renter and other authorised drivers are specified in the Rental Contract. 3. The vehicle may be driven by a person not less than 21 years of age, holder of a valid ID card (in case of a foreigner – a valid passport) and of a valid driving licence issued at least one year before the rental, accepted at the territory of the Republic of Poland. The Car Rental Company may make a copy of the Renter’s ID document and the driving license for the Rental Contract purposes. Vehicle rental and use 4. Upon completion of formalities (signature of the contract, payment, etc.), the Car Rental Company shall transfer the vehicle to the Renter for use for the period specified in the Rental Contract. 5. The vehicle remains the property of the Car Rental Company for the entire rental period and it shall be returned at its request, without the need to state the reasons for such demand. 6. On the day the vehicle is rented, an acceptance report shall be drawn up, describing technical condition of the vehicle (damages, fuel level, mileage, etc.) before the car is handed over to the Renter. In order to be valid, the report shall be signed by both Parties. In the event if the report is not signed by the Renter, the condition of the vehicle shall be deemed compliant with the statement made by the Car Rental Company and accepted by the Renter. 7. The Renter shall use the vehicle according to its intended purpose and act with due diligence as regards the vehicle operation, including in particular: a) be a holder of documents required by the Road Traffic Act, b) protect the vehicle against theft (lock the vehicle and activate the alarms and interlocks every time), c) control the condition of lighting system and replace light bulbs when needed, d) fill the tank with fuel described the specification, e) comply with the road traffic regulations, f) get acquainted with the contract, as well as third-party liability, casco and casualty insurance terms and conditions. 8. The rented vehicle may not be sub-rented or lent for use to third parties without written consent of the Car Rental Company. The Parties agree that, notwithstanding the obligation to pay the contractual penalty referred to in paragraph 44(i), in the event of a damage of the vehicle or its loss having occurred while the vehicle was used by an unauthorised person, the Car Rental Company may demand that the Renter pays full amount of compensation. 9. The vehicle may not be used in sports competitions, rallies nor may it be used for driving instruction. 10. The vehicle may not leave the territory of Poland without the written consent of the Car Rental Company. 11. During the term of the Rental Contract, the Renter may not make any repairs nor modifications without the consent of the Car Rental Company. 12. Any breakdown of the vehicle shall be immediately reported to the Car Rental Company and, if it affects the safety or may lead to a further damage, the vehicle shall not be used. 13. The liability for violations of the road traffic regulations during the term of the Contract shall lie solely with the Renter and the person they authorised to drive the vehicle. 14. The Car Rental Company reserves the right to disclose the data of the Renter to the public administration bodies, in particular the Police, the Municipal Guard, the Road Traffic Inspection. 15. Smoking tobacco etc. in the vehicle is forbidden. 16. Transporting animals in the vehicle is forbidden. 17. Towing other vehicles without the consent of the Car Rental Company is forbidden. 18. In the event if the Car Rental Company rents accessories or additional equipment with the car (child seat, roof box, mobile GPS navigation, etc.), the Renter shall bear the exclusive liability for the proper assembly and use of such accessories or additional equipment in accordance with their intended purpose. 19. The Car Rental Company shall not be liable for objects transported or left in the vehicle. 20. The Car Rental Company agrees to ensure and organise complex service of the Renter’s vehicles hereunder in the scope of: a. Conclusion of insurance agreements. b. Organisation and performance of periodic warranty inspections, post-warranty inspections, maintenance inspections, technical inspections. c. Maintenance repairs and renovations resulting from normal wear and tear of the vehicle (organisation of service activities). d. Settlement of motor insurance claims. e. Organisation of the change of tyres following normal wear and tear or seasonal change of tyres. f. Provide relief vehicles to the Renter: - In the event if the rented vehicle is immobilised as a result of a technical breakdown or motor accident for a period longer than 24 hours from the moment the incident is notified and confirmation is sent by the service. The Car Rental Company shall provide the relief vehicle until the original vehicle is made operational again. - Provide assistance; technical hotline GT RENT phone: 731 110 330, e-mail: [email protected] Payment and deposit 21. The payment for rental shall be made based on a VAT invoice on conditions set forth in the Rental Contract. 22. The payment shall be made as follows: a) in cash, or b) by payment or credit card, or c) by transfer to a bank account. 22. The Car Rental Company reserves the right to collect from the Renter, upon the signature of the Rental Contract, a deposit in the amount set forth in the Rental Contract. 23. The deposit is intended to financially secure any possible claims that the Car Rental Company may have against the Renter and may be retained in whole or in part in the event of violation of any of the provisions hereof. 24. The deposit may be paid as follows: a) in cash, or b) by payment or credit card in the form of sale, or c) by credit card in the form of preauthorisation; blocking of a credit limit. 25. If there are no grounds to retain the deposit in whole or in part, it shall be returned to the client within 3 days following the return of the vehicle. 26. In the event if the deposit needs to be retained in whole or in part, it shall be settled within 5 days following the return of the vehicle. Return of the vehicle 27. Unless the Parties have agreed otherwise in the contract, the Renter shall return the vehicle on the date specified in the contract, in technical condition identical to the condition of the vehicle on the date it was rented, clean and washed. 28. The Renter shall return the vehicle with the amount of fuel no lower than the amount they received when renting the vehicle. In the event if the vehicle needs to be refuelled by the Car Rental Company, the Renter shall be charged with the amount referred to in paragraph 44(a). 29. In the event of a delay in returning the vehicle exceeding one hour, a payment for the following day may be calculated. 30. If the Renter does not return the vehicle within 12 hours after the deadline indicated in the contract and does not contact the Car Rental Company, the Car Rental Company shall notify the law enforcement authorities about a suspected theft and shall charge the Renter with the contractual penalty in the amount referred to in paragraph 44(k). 31. In the event if the Renter returns the vehicle before the deadline specified in the contract, they shall not be reimbursed for the unused period of rental. 32. On the day of return of the vehicle, an acceptance protocol shall be drawn up in order to determine the technical condition of the vehicle upon termination of rental. In order to be valid, the report needs to be signed by both Parties to the Rental Contract. 33. If, for various reasons, the acceptance protocol cannot be drawn up upon the return of the vehicle (e.g. the vehicle is dirty or returned in a badly illuminated location), the Car Rental Company shall draw up the report itself as soon as possible (e.g. after washing the vehicle) and in such case the technical condition of the vehicle is deemed to be as per the Car Rental Company’s report. Damage or loss of the vehicle 34. If the rented vehicle is returned bearing new damage (having occurred during the rental), the Car Rental Company shall charge the Renter with the amount of the Deductible as set forth on the first page of the Rental Contract. In the event of damages exceeding the scope of insurance, the Car Rental Company reserves the right to charge the Renter with the amount corresponding to the costs of repair of the damaged vehicle and the costs of the vehicle downtime (daily rate multiplied by the number of days required for the vehicle to be repaired). 35. The provisions of paragraph 34 shall not apply in the event of a road accident caused by third parties. In such case, the Renter shall immediately contact the Car Rental Company, call in the police and obtain data of the accident perpetrator. For the Renter to be released from the liability for the incident, the Police must confirm the fault of the perpetrator. 36. In the event of a road accident, the Renter shall secure the vehicle and prevent its further damage. 37. The Renter shall inform the Car Rental Company of the incident immediately, but no later than 24 hours from its occurrence (including damage of the vehicle as a result of a collision). Failing to do so, the Renter shall bear full liability and shall cover all costs related to the incident. 38. In the event of a theft or damage to the vehicle, the Renter shall immediately, but no later than within 24 hours, notify the Car Rental Company thereof and return the keys and documents of the vehicle. Failing to do so, the Renter shall be charged with the amount corresponding to the market value of the rented vehicle. 39. In the event of a loss/theft of the vehicle due to the fault of the Renter, the Renter shall be charged with the amount corresponding to its market value. 40. The Renter shall bear full liability and shall cover all the damages having occurred as a result of driving under the influence of alcohol or drugs, as well as pharmacological or psychoactive substances that prevent or impair driving performance. 41. The Renter, resigning from the insurance offered by the Car Rental Company, declares the use of external insurance under their credit card package insurance (CWI) and, by signing the Rental Contract, authorises the Car Rental Company to charge their credit card in the event of a damage with the full amount of costs of the damage repair as well as supplementary costs. The Renter undertakes to submit the documents necessary for the settlement of the damage with the external insurance. 42. The Car Rental Company reserves the right to claim additional compensation for the suffered damage and losses. 43. The Renter has been informed that the scope of the Casco insurance does not cover damages of the value below PLN 300, which results from the “conditional franchise”, and they agree to cover them in this scope. Supplementary costs and contractual penalties 44. The Renter undertakes to cover additional costs and pay contractual penalties, and they agree for them to be settled with the deposit: a) return of the vehicle with the amount of fuel lower than at the moment of the car release – cost of fuel plus PLN 50.00 for the fuelling service. b) return of the vehicle not washed outside – PLN 30.00 (for contracts concluded for a period longer than one day), c) return of the vehicle not cleaned inside – PLN 100.00 (required upholstery washing), d) payment for disclosure of the Renter’s data to the public administration bodies (e.g. the Police, the Municipal Guard, the Road Traffic Inspection) – PLN 50.00, e) loss of keys – PLN 1,000.00, f) loss of vehicle registration card – PLN 500.00, g) loss of license plate – PLN 300.00, h) violation of the ban to smoke tobacco, etc. in the vehicle – PLN 200.00, i) letting persons not authorised in the Rental Contract drive the vehicle – PLN 1,000.00, j) driving outside the territory of Poland without the written consent of the Car Rental Company – PLN 500.00 per each day abroad + PLN 1,500.00, k) failure to return the vehicle on the agreed date – PLN 500.00 per each day of delay, l) damage of the rented vehicle on purpose or as a result of gross negligence – covering costs according to the price list of an authorised repair service, m) misappropriation or replacement of parts or elements of the vehicle’s equipment – covering costs according to the price list of an authorised repair service, n) use of the vehicle in a manner contrary to its intended use (e.g. gross violation of road traffic regulations, excessive exploitation of the vehicle, overloading the engine and any other activity leading to quicker wear of any component of the vehicle) – covering costs according to the price list of an authorised repair service. 45. Payment of the contractual penalties referred to in paragraph 44 shall not exclude the right to claim compensation in the scope exceeding the value of the penalties based on these Terms and Conditions and generally applicable provisions. Final Provisions 46. Conclusion of a cashless rental contract does not imply the Car Rental Company’s waiver of claims against the Renter under the rental. 47. All amounts referred to herein are net of taxes and will be increased by the VAT due. 48. In matters not regulated herein, provisions of the Civil Code shall apply. 49. Any disputes arising hereunder shall be resolved by the court with jurisdiction over the Car Rental Company. 50. The Renter declares to have been informed that the provision of their personal data is necessary for conclusion and performance of the Rental Contract by the Car Rental Company, and the data will be processed for this purpose. The Renter has the right to access and correct the data. The Renter expresses its irrevocable consent for processing and disclosing their personal data to entities and bodies appointed to impose and enforce payments for the use of public roads in compliance with the Act of 21 March 1985 on public roads (Journal of laws No 14, item 60) and fines imposed based on the Act of 20 May 1971 – the Code of Petty Offences (Journal of Laws No 12, item 114) and Resolution of the Prime Minister of 24 November 2003 on amounts of fines imposed as penalty notices for selected types of offences (Journal of Laws No 208, item 2023). The Data Controller is GT RENT Fleet Management Sp. z o.o. I hereby declare having acquainted myself with the Rental Terms and Conditions, I fully understand and accept it