Terms and Conditions
Modlincars Regulations in respect of car hire
binding since 01.10.2016
Introduction
1. These Regulations were issued by Modlincars, hereinafter referred to as the “Lessor”.
2. The Regulations specify the conditions of passenger and delivery cars rental in contracts concluded by the
Lessor.
3. In case of discrepancies between the lease contract and the Regulations, the lease contract shall prevail.
4. Whenever the Regulations mention:
a. the Lessee – it shall mean the party to the lease contact concluded with the Lessor other
than the Lessor or the person who placed the reservation for the car;
b. the User – it shall mean the Lessee or any physical person indicated by the Lessee in
the lease contract as authorised to drive the car or the person whom the Lessee actually
entrusted with driving the car.
The Lessee and authorization to drive the car
5. The Lessee of the car may become:
1) A physical person who jointly meets the conditions as follows:
a. presents the Lessor with a valid personal identity card or a valid passport,
b. presents the Lessor with a valid credit card and in the case of the cars of the class SUV
Premium and F, the person should present the Lessor with two credit cards with the validity
term at least three months longer than the end of the car lease period,
c. is registered at the Central Register and Information about Economic Activity – if the
person concluded the contract within the scope of the economic activity conducted,
d. is:
- 21 years old – cars of class: A, B, B+, BL, M;
- 23 years old - cars of class: C, C+, C automatic, N, N specialist, unless the person makes
the payment referred to in clause 51 of the Regulations;
- 30 years old - cars of class: SUV Premium, E, F, unless the person makes the payment
referred to in clause 51 of the Regulations;
- 25 years old - cars of class: C Premium, D, D+, D automat, D Premium, SUV, SUV
automat, VAN, R, unless the person makes the payment referred to in clause 51 of the
Regulations;
2) a legal person (or an organizational unit referred to in art. 331 of the Civil Code) whose representative
concluding the lease contract on behalf of that person:
a. provides information corresponding to the current excerpt from the Entrepreneurs’
Register
b. provides the document referred to in par. 1 a) above and other proof of the authorization
to conclude the lease contract (e.g. the power of attorney) – unless the authorization
follows from the document referred to in par. 2 a) and;
c. meets the condition referred to in par. 1 d) above.
6. The Lessee assumes full responsibility for a hired car including the actions and forfeitures on the part of the
User until the moment the Lessor receives against the receipt protocol signed by the Lessor.
7. The car may be driven solely by the Lessee and the User meeting the criteria defined in clause 5 par. 1 letter d)
who both fro at least a year have had: (i) authorization to drive a car, and (ii) a driving licence valid within the
territory of Poland. The Lessee declares that the Lessee and the User shall meet the requirements referred to in
the preceding sentence at any moment the lease contract is being performed.
8. The requirements referred to in clause 7 of the Regulations shall apply throughout the whole term of the lease
contract. In the event it is found out that the Lessee or the User do not meet the requirements referred to in clause
7 of the Regulations, the Lessor shall be entitled to terminate the lease contract with immediate effect.
Booking the car and conclusion of the contract
9. The Lessee shall book the car by filling out the form available on the webpage: www.modlincars.pl. The
booking shall take place at lease rates binding on a given date on the webpage: www.modlincars.pl.
10. Having placed a reservation via the form, the Lessee shall receive a booking confirmation on the supplied
email address.
11. The condition warranting the conclusion of a lease contact by the Lessor is:
a. positive verification of the Lessee’s data;
b. accepting the Regulations in force available on the webpage: www.modlincars.pl by the
Lessee;
c. fulfilling conditions provided for in clause 5 of the Regulations;
d. making the booking at least 12 hours prior to the planned time of car collection;
12. The lease contract shall be concluded by the Lessee r Lessees and the Lessor’s representative signing the
lease form on conditions defined in the booking confirmed by the Lessor which shall be without detriment to
clauses 60 and 61. In case of the lease contract being concluded by more than one Lessee, their responsibility
shall be joint and severable.
13. In the event that it proves impossible to supply the car conforming with the booking confirmed by the Lessor,
the Lessor shall lease to the Lessee the car of the same or higher class applying the same rate or which the
booking has been made. Such a change shall not constitute a non-performance or improper performance of the
contact.
14. In the event of extending the lease period, tye fe for the extended lease period shall be calculated atthe rates
binding on a given day on the webpage www.modlincars.pl independent of the fact whether the booking was
made directly or via an intermediary.
Duties of the Lessee
15. The Lessee shall receive a car in a good working condition allowing or its proper exploitation and commits to
use it with proper care and return it in the condition in which it was at the moment it was issued to the Lessee
together with the keys, remote control, documents and all car equipment. The Lessee acknowledges and
consents to the fact that the car is equipped with monitoring GPS device. The Lessee assumes responsibility for
the User fulfilling the duties following from these Regulations and the lease contract and commits to inform the
User about these duties.
16. The Lessee receives a clean car and commits to return it in the same condition.
17. The Lessee and the User are obliged to use the car in the manner defined in the contract and corresponding
to car properties and the purpose it was intended for, and additionally they commit to:
a. lock the car securing the car registration and keys or the remote control outside the car
upon each occasion of leaving the car,
b. effecting at his/her own cost current, basic car inspection including in particular checking
and supplementing engine oil, fuel, spray liquid, cooling liquid, break liquid as well as
checking the appropriate tyre pressure and light operation,
c. using appropriate fuel type in the car in line with the information at the fuel inlet or
information provided in the car registration in column P3.
18. The Lessee shall pay the cost of fuel used during the lease, exploitation liquids as well as the cost of repair or
exchange of tyres broken during the lease period (and in case of the impossibility of buying one tyre of a given
type, also the cost of another tyre for the same axis).
19. Moving the car leased outside the territory of Poland, Austria, Czech Republic, Germany and Slovakia is
forbidden. All the costs related to the breakdown, damage or theft as well as the costs incurred as the result of
returning to the Lessor the car transported outside the territory of Poland by the Lessee not being the consumer
shall be paid in full by the Lessee. The Lessee being the consumer shall pay the costs referred to in the preceding
sentence unless he/she proves he/she is not to blame for incurring them and violating the contract. Independent
of the Lessee’s responsibility defined in this clause, a violation of the ban referred to in the first sentence of this
clause shall exclude the right to have a substitute car supplied if the circumstances necessitating its supply
occurred outside the territory of Poland.
20. In the event that law regulations of a country listed in clause 19 to which the car is transported provide for
equipment requirements absent in the Polish law, the Lessee shall be obliged to adjust the car and its equipment
to the law provisions of that country and pay the resulting costs, with the reservation that the above does not
entitle the Lessee to interfere with the car and does not exclude the obligation to return the car in the same
condition in which it was issued to the Lessee.
21. Should it be found that the Lessee uses the car leased in the manner contrary to the contract provisions or
the car purpose, or when the circumstances imply a justified suspicion of theft or misappropriation of the car in
connection with the car rental, the Lessor may terminate the contract with immediate effect. The termination may
be effected by sending the Lessee a message notifying of the termination to the e-mail address or telephone
number provided.
22. There applies an absolute ban on smoking tobacco, using electronic cigarettes, consuming alcohol, using
drugs or transporting animals inside the car.
23. The Lessee is obliged to keep all the brand signage on the car leased. Removing or covering the Lessor’s
brand signage requires his prior written consent. The consent referred to in this clause may be granted in writing
or electronically by sending an e-mail to the electronic mail address provided by the Lessee.
24. The Lessee or the User shall pay all the penalties, fines, parking fees, motorway fees and other fees for
using road infrastructure as well as other private-legal or public-legal dues eligible in connection with the car use
during the term of the lease unless the Lessee proves that in line with the law regulations neither the Lessee nor
the User are obliged to pay such sums or the Lessee proves that the fees have been charged to the Lessee or
the User in result of the Lessor’s fault. The Lessee shall refund to the Lessor the sums which the Lessor paid in
connection with the Lessee’s failure to fulfil the obligation referred to in the preceding sentence.
Return of the car
25. After the end of the lease period, the Lessee shall return the car at the venue and time referred to in the
lease contract.
26. The cost of the return at the venue other than specified in the contract without written consent of the Lessor
shall be paid by the Lessee pursuant to clauses 54 and 55 of the Regulations.
27. The delay in car return up to 59 minutes shall not result in charging additional fees. The return of the car
after that time shall result in charging contractual penalty pursuant to clause 43 letter i) of the Regulations with the
reservation for clause 28.
28. Extending the lease period shall be possible solely in case of:
a. informing the Lessor about the intention to do so at least 12 hour prior to the lapse of the
return time specified in the contract, and
b. obtaining the Lessor’s consent for lease extension, and
c. paying for the whole period of the extended lease.
29. The car not returned at the time specified in the lease contract also due to not meeting the conditions defined
in clause 28 of the Regulations shall be reported to the police as stolen. The Lessee shall be obliged to pay a
contractual penalty for each started day of contract-less use of the car pursuant to clause 43 letter i) of the
Regulations.
30. In the event of delay in car return without the Lessor’s consent, the Lessor shall be entitled to collect the car
from any location and charging to the Lessee full costs incurred for car collection.
31. The return of the car, car keys and documents may only take place at the Lessor’s outlet in the town
stipulated in the contract and to the benefit of the Lessor’s representative.
32. Modlincars rental outlet’s working hours are Monday-Friday 07:00 to 23:30 and Saturdays 07:00 to 22:00.
33. In the event of the car return outside the usual working hours:
a. in the absence of the Lessor’s representative at the rental outlet with a drop box, the
Lessee shall return the car by placing the keys and car documents in the drop box with the
payment referred to in clause 52 of the Regulations made. Thus, the Lessee accepts the
Lessor receiving the car unilaterally with the Lessor’s representative signing the car
collection protocol;
b. in the absence of the Lessor’s representative at the rental outlet with a drop box, the
Lessee may return the car by signing a bilateral car collection protocol making the payment
referred to in clause 53 of the Regulations. The service referred to in this clause letter b)
shall be requested 24 hours prior to the end of the lease.
34. If pursuant to an agreement separate to the lease contract an insurance company or assistance operator is
obliged to pay the lease fee but the Lessee does not make the car available for return despite the lapse of the
lease period, the obligation to pay the lease fee for each additional day after the lapse of the lease period agreed
on with the insurance company or assistance operator transfers onto the Lessee. In such a case, the Lessee shall
pay in advance the fee due for each additional day of lease and the lease contract shall be extended solely by the
term paid for in advance by the Lessee. In the event that such a payment is missing, the lease contract shall be
terminated with the lapse of the last paid for day of the lease.
Breakdowns, damages, car theft
35. The Lessee shall make the car available to the Lessor for the purpose of performing a periodic check or tyre
exchange at the time and venue indicated by the Lessor. In case of not making the car available for the purpose
of performing a check, the Lessee shall pay a contractual penalty pursuant to clause 43 letter j) of the regulations.
36. The Lessee shall immediately inform the Lessor in the event of the car breakdown or defect. The Lessee is
not entitled to making any repairs or having the car towed without the Lessor’s consent. The Lessee shall pay the
costs of car repair or towing effected without the Lessor’s consent. In the event of leaving the inoperable car or
the car damaged due to Lessee’s fault in a location other than the return venue stipulated in the contract, the
Lessee shall pay the towing costs pursuant to clause 63 of the Regulations. The above does not exclude the
possibility of the Lessor to seek compensation in line with general principles.
37. The Lessee is entitled to use the car leased for towing.
38. In the event of the car theft, damage, collision or accident, the Lessee shall immediately notify the police
and the Lessor (at the telephone number about the event occurred. Additionally the Lessee shall cooperate with
the insurance company and the Lessor within the scope necessary for damage liquidation and in particular within
14 days of the event the Lessee shall supply a written report of the event, the copy of the document authorizing
the Lessee/User to drive a car, an identity document and a statement in respect of the driver’s sobriety at the time
of the event. In case of car theft, the Lessee shall immediately return the car keys and documents to the Lessor.
The Lessee shall be held responsible for losses arisen as the result of failure to perform obligation resulting from
this clause unless he/she can prove that the lack of cooperation on his/her part does not make it more difficult for
the Lessor to press claims with the person responsible for the occurrence.
39. In the event of a breakdown rendering the car leased immobilized, the Lessor shall provide the Lessee with a
substitute car. The substitute car shall be made available within 12 hours in Poland or 48 hours outside the
territory of Poland (provided the Lessor has granted his consent for moving the car outside the territory of Poland)
since the moment the Lessor is informed about the breakdown and the car being rendered immobilized. The
Lessee shall not have to pay the lease fee for the period of waiting for the substitute car. In the situation that the
substitute car is of a lower class, the lease fee shall be correspondingly decreased.
40. The Lessee shall not receive a substitute car if:
a. he car registration or insurance policy or car keys have been lost or damaged,
b. the car has been damaged due to the fault of the Lessee or the User,
c. the car has been immobilized outside the territory of Poland,
d. the car sustained parking damages or acts of vandalism unless they make it impossible
to use the car and the Lessee is not responsible for such damages,
e. the car’s tyre was punctured.
Duties of the Lessee and contractual penalties
41. Repairing damage resulting from the non-performance or improper performance of the contract by the Lessee
in the part relating to non-cash obligations in respect of the obligation of returning the car in not-worsened
condition shall be effected by payment of contractual penalty specified in these Regulations unless the Lessee
proves that the infringement of Regulations occurred for reasons for which neither the Lessee nor the User shall
be held responsible. Proofs referred to in the preceding sentence may include in particular: a written statement of
the perpetrator (other than the Lessee or the User) or, in the event that the perpetrator remains unknown, an
official police note from the site describing the circumstances of the occurrence or the documentation of the
investigation or preparatory proceeding in case of theft or other criminal occurrences.
42. The value of contractual penalty in case of car damage or failure to perform obligations referred to in clause
38 depends on the class of the car leased and shall be as follows:
- class A, B, B+, BL - PLN 1000
- class C, C+, C automat, M - PLN 1500
- class C premium, D, D+, D automat, SUV, SUV automat, N - PLN 2000
- class D premium, VAN, R, N Specialist - PLN 2500
- class other than listed above - PLN 3000
43. Other contractual penalties:
a. damage or loss of car keys or remote control - PLN 1000
b. damage or loss of car documents (except as defined in clause 47 letters e, f) - PLN 300
c. damage or loss of a registration plate, registration sticker on the window (each) - PLN
300
d. violating the ban on tobacco smoking, using electronic cigarettes, alcohol consumption
or drug use inside the car - PLN 500
e. violating the ban on transporting animals - PLN 300
f. returning a dirty car - PLN 30
g. returning a dirty delivery or specialist car - PLN 100
h. returning the car with not permanent (i.e. removable with the application of standard
cleaning procedures applied at professional laundrettes) spots on the seats or in the boot -
PLN 200
i. using the car without a valid contract – a daily rate plus PLN 100 for each day started
j. loss of the car guarantee resulting from the fault of the Lessee or the User - PLN 2,000
k. tanking inappropriate kind of fuel referred to in clause 17 letter c) - PLN 2,000
l. disassembly, exchanging a car part or introducing a modification in the car without the
Lessor’s consent - PLN 2,500
m. going abroad without the Lessor’s consent (except for countries referred to in clause 19)
- PLN 2,000
n. the car being driven by a person other than the Lessee or the User - PLN 500
o. damage or loss of each hubcap - PLN 50
p. damage of the aluminium rim (for each rim) - PLN 1,000
q. damage of the tyre in the situation referred to in clause 18 - PLN 100
r. damage of the tyre in the situation referred to in clause 18 in the situation when it is not
possible to buy one tyre of the same type - PLN 200
s. losing the parking ticket issued by a car park operator - PLN 150
t. supplementing missing fuel to the original volume or each litre of fuel (the penalty covers
the cost of purchase and supplementing the missing quantity) - PLN 6
44. The Lessor reserves to himself the right to seek supplementary compensation on principles defined in the
Civil Code in the event that the value of damage exceeds the contractual penalty due.
45. For additional fee defined in clause 56 of the Regulations, the Lessee may purchase Packages which shall
decrease his/her responsibility for the car leased:
a. SCDW - excludes the Lessees responsibility for damaging the car referred to in clause
42 (including window panes, tyres and rims) and excludes the provisions of clause 44 and
clause 43 letters n-r) of the Regulations.
46. The Packages referred to in clause 45 of the Regulations do not exclude liability by way of other contractual
penalties or other liability defined in the Regulations. The Packages referred to in clause 45 of the Regulations
may be purchased solely for the entire term of the contract.
47. The Lessee shall be liable in full for damage arisen due to the Lessee’s premeditated action or negligence
including:
a. wilful damage of the car interior and leaving permanent stains,
b. driving the car under the influence of alcohol, drugs or other substances or without a
valid driving licence,
c. fleeing the scene of the accident or collision,
d. leaving the territory of Poland without the Lessor’s consent,
e. failing to fulfil the duty of returning the car registration document or the set of car keys
after the theft of the car, which resulted in the refusal to pay car theft compensation,
f. failing to fulfil the duties required by the insurer resulting in the insurer’s refusal to pay
compensation due to the Lessee’s fault,
g. exceeding the allowed speed limit or load capacity or another infringement of road traffic
regulations binding at the site of collision or road accident,
h. participation in a contest, rally, race show or any other event of that sort,
i. provision of false data or documents for the purpose of leasing the car.
48. In justified cases, the Lessor has the right to forfeit charging a contractual penalty in part or entirety.
Fees
49. Fees resulting from the lease contact (including the rental fee) shall be paid upfront in Polish zlotys (PLN), at
the rate binding on the date of the reservation. All the prices listed in the Regulations, lease contract
or www.modlincars.pl webpage are stated gross unless the lease contract or the frame contract indicate
otherwise. In case of discrepancies, the lease rates listed in the lease contract or the frame contract shall apply.
50. All the costs involved in the transfers of moneys due under the contract shall be paid by the Lessee.
51. Renting the car of class C, C+, C automat, N, N specialist by the person aged 21-23, the car of class C
Premium, D, D+, D automat, D premium, R, SUV, SUV automat, VAN by the person aged 23-25, or the car of
class E, SUV Premium by the person aged 25-30 (for a day of lease) - PLN 5
52. Returning the car in cases referred to in clause 35 a) - PLN 40
53. Exceeding mileage payable for each kilometre exceeded - PLN 0.50
54. Making the car available or collecting the car from within the borders of the town where the rental outlet is
located - PLN 40
55. Making the car available or collecting the car from outside the borders of the town where the rental outlet is
located - PLN 4 for every kilometre calculated from the town centre indicated by navigation to the place of
collection.
56. Packages limiting the Lessee’s liability referred to in clause 45 (daily fee):
a) SCDW
- class A, B, B+, BL PLN 15
- class C, C+, C automat, M - PLN 20
- class C premium, D, D+, D automat, SUV, SUV automat, N - PLN 25
- class D premium, VAN, R, N Specialist - PLN 25
57. Each User other the Lessee for each day of the lease - PLN 5
58. GPS navigation with the map of Poland (per day) - PLN 10
59. Child chair or seat (per day) - PLN 9
60. Administration fee for processing due or fees referred to in clause 26 - PLN 100
61. Fee for resigning from the performance of the contract up to 48h prior to the start of the lease - PLN 50
62. Fee for resigning from the performance of the contract 48h or less prior to the start of the lease - PLN 100
63. Towing a broken or damaged car – towing costs or PLN 7 for each kilometre (the fee shall be charged solely
for the route one-way), however not less than PLN 300.
Complaints
64. Complaints shall be sent by mail to the address of the Leassor’s seat indicated in clause 1 or the e-mail
address: [email protected]
65. Complaints shall be considered within the term of less than 30 days since the day of the complaint reaching
Modlincars. The term of complaints considering shall not include the time of the mail delivery by the mail operator
of electronic mail service.
66. The Lessee shall be informed about the result of the complaint’s consideration electronically by an e-mail
sent to the address indicated by the Lessee – if the complaint was sent by e-mail or by letter to the postal address
indicated by the Lessee – if the complaint was sent by letter.
