General Terms and Conditions of the Vehicle Rental Agreement (Referred as “GT&C")
Definitions:
- Tenant (Customer): The person or entity who enters into the car rental agreement with the rental company (referred to as the "Lessor" or "Rent a car company"). This party is responsible for adhering to all the terms and conditions specified in the rental agreement. The Tenant is obligated to use the vehicle in accordance with the agreement and return it in the condition as stipulated by the rental company's policies.
- Lessor (Rent a car company): The company or entity that owns, operates, or is authorized to rent out the vehicle to the Tenant (Customer). The Lessor is responsible for providing the vehicle in a roadworthy condition and ensuring that it meets all legal and safety requirements. The Lessor enters into a contractual agreement with the Tenant to rent out the vehicle for a specified period under certain terms and conditions.
- THE PARTIES TO THIS AGREEMENT ARE
1.1. Fleet Advisor Krzysztof Fabrykiewicz, with headquarters in Warsaw at Komitetu Obrony Robotników 39, Building 10, 02-148 Warsaw, entered in the register of entrepreneurs CEIDG under REGON number: 142895700, with NIP: 5213267155, which is a company supplying the rented vehicle.
1.2. A person or company that has concluded and signed the agreement on the first page of the vehicle rental agreement and which the Lessor has agreed to rent a vehicle will be referred to as the "Tenant."
1.3. Additional Driver is a driver (or drivers) who, in addition to the Tenant, has been authorized by the Lessor to operate a rented vehicle.
1.4. The Tenant and Additional Driver agree to comply with the terms of the agreement.
1.5. The Tenant undertakes to provide the following documents or copies:
- a) Power of attorney to represent the Tenant granted following applicable regulations if required.
- b) Tenant’s ID card and driving license, and persons indicated in point 1.3 Agreements.
- c) The Tenant who is not a consumer according to art. 221 of the Act of 23 April 1964 Civil Code - a printout from CEIDG or current information on the date of concluding the lease agreement corresponding to a current copy from the register of entrepreneurs of the National Court Register regarding the Tenant.
1.6. This agreement is signed electronically using a tablet or smartphone with the Tenant (Customer)'s name and surname. The signed document, including the handover report, terms and conditions, and the table of penalties and charges, is immediately sent to the Tenant (Customer)'s email at the moment the vehicle is handed over after the Tenant (Customer) signs. This is equivalent to being informed of and accepting its content, even if the Tenant (Customer) does not check if they received the agreement in electronic form and does not confirm receipt of the email to the Lessor (Rent a car company). The agreement is considered valid. The signed agreement along with the terms and conditions is always available in the Lessor (Rent a car company)'s system and can be re-generated upon request.
- RENT AND USE OF THE VEHICLE
2.1. Definition of Vehicle"Vehicle" is the rented vehicle detailed on the first page of the rental agreement. The vehicle is rented to the Tenant (Customer) under the terms of the agreement. In the event of the delivery of a replacement vehicle, the replacement vehicle is considered a vehicle for the purpose of the contract.
2.2. Authorized DriversThe vehicle may only be operated by the Tenant (Customer) or an additional driver authorized by the Lessor (Rent a car company) and named in the agreement. The driver must have been authorized to drive vehicles of category B for at least 2 years.
2.3. Prohibited Uses The vehicle may not be used in a manner contrary to its intended use, in particular:
- for any unlawful activity or violation of traffic regulations, road restrictions, or parking conditions.
- Any fines, penalties, or costs arising from the violation of traffic regulations, road restrictions, or parking conditions are the responsibility of the Tenant (Customer).
- by a person who is not authorized by the Lessor (Rent a car company);
- by a person who is under the influence of alcohol or prohibited psychoactive substances, derivatives of barbituric acid, hallucinogenic substances, or other substances, even legally acquired, that reduce the level of consciousness, the ability to concentrate, or cause distortion of visual or auditory perception, thought processes, emotional instability, psychotic disorders, or other conditions that negatively affect the change of physical or emotional state;
- in a country that is not authorized by the Lessor (Rent a car company);
- in such a way that it becomes overloaded;
- for transporting more passengers than specified in the registration certificate;
- for towing another vehicle, trailer, or trailer caravans;
- for commercial passenger transport or driving lessons;
- to drive in the event of any mechanical, electrical, or structural failure or breakdown;
- to participate in races and competitions;
- to carry a cargo of mass exceeding the permissible vehicle load specified in the vehicle registration certificate;
- to transport materials that can damage the interior of the vehicle;
- to transport animals without adequate protection to prevent contamination or damage to the interior of the vehicle;
- for any unlawful activity or violation of traffic regulations, road restrictions, or parking conditions (this appears twice in the list, so the duplicate has been merged with point a).
2.4. Vehicle Transfer Report The Lessor (Rent a car company) and Tenant (Customer) shall prepare a vehicle transfer report containing data on the vehicle and the place of issue and return of the vehicle.
2.5. Return Location The costs of returning the vehicle to a place other than the place where the vehicle was released, without the consent of the Lessor (Rent a car company), shall be borne by the Tenant (Customer).
2.6. Vehicle Condition By signing the vehicle transfer protocol, the Tenant (Customer) declares that they have read the technical condition of the vehicle and confirm that the vehicle has been released to them in good and useful condition, unless otherwise stated in the vehicle handover protocol.
2.7. Vehicle Reservations Reservations are made for a specific car group and do not guarantee a specific model. The models shown during the reservation are examples. The reservation ensures that the Tenant (Customer) will receive a vehicle of the same or higher standard. The Tenant (Customer) agrees not to claim any compensation or make any other claims if a specific model is not provided.
2.8. Currency and Payments The only currency accepted for payment is Polish Złoty (PLN). All rates, reservations, and prices shown on agreements and reservations are calculated according to the applicable rules, i.e., at the average exchange rate of the National Bank of Poland (NBP) from the previous business day.
2.9. Smoking Prohibition Smoking in the vehicle is strictly forbidden, including the use of electronic smoking devices. If any signs of smoking, such as ash or smell, are detected, an appropriate fine will be applied as per the terms and conditions and the table of fees and penalties.
- CHARGES FOR RENT, PAYMENT, AND RENT PERIOD
3.1. Rental Fees The rental fee for a vehicle, an Additional Driver named, or any additional elements corresponds to the fee specified at the time of booking the vehicle, issuing the authorization, or delivery of the vehicle by the Lessor (Rent a car company) and will be indicated in the section concerning rates and charges on the first page of the vehicle rental agreement. The total rent is calculated by adding up:
- the product of the daily rental rate resulting from the rates and fees and the number of days for which the Lessor (Rent a car company) rented the vehicle;
- the product of the daily rental rate for the use of additional services offered by the Lessor (Rent a car company) and the number of days for which the Tenant (Customer) used additional services.
The Tenant (Customer) will pay the Lessor (Rent a car company):
- The fee for the vehicle at the time of booking or before delivery of the vehicle or at the moment the Lessor (Rent a car company) authorizes the use of the vehicle for an additional period (or periods) of renting.
- The fee for the Additional Driver at the time of booking or issuing an authorization for the Additional Driver by the Lessor (Rent a car company).
- The fee for any additional items needed, i.e., car seats, when booking or releasing by the Lessor (Rent a car company).
- Any additional costs incurred during the rental period at the time they were incurred or at the end of the rental period.
3.2. Authorization for Charges The Tenant (Customer) hereby authorizes the Lessor (Rent a car company) to use the credit/debit card provided to make the payment for the vehicle in the case of any subsequent charges or costs incurred by the Tenant (Customer) during the rental period or in the event of its extension in accordance with section 3.3.2 below.
3.3. Rental Period The rental period is governed by the following conditions:
- The rental period is the number of days for which the vehicle is rented to the Tenant (Customer) by the Lessor (Rent a car company). The beginning of the rental period is the "time and day of release," and the end of the rental period is "the time and date of the planned return," as indicated in the vehicle release protocol.
- The Tenant (Customer) may extend the rental period with the consent of the Lessor (Rent a car company), making the next rent payment according to the rates applicable during the extended rental period. Signing a new lease agreement is not necessary, as the extended rental period will be subject to the terms of the agreement, with the correction on the first page of the rental agreement extended "time and date of the planned return."
- The maximum period of rental or extended rental by the Tenant (Customer) under the contract is determined according to the availability of vehicles. The Lessor (Rent a car company) may refuse to extend the rental period, in particular if the vehicle is previously reserved for another customer and the Lessor (Rent a car company) does not have the same vehicle in stock.
3.4. Payment Terms Payment for a rental will be made by paying to the Lessor (Rent a car company) the monetary amount determined in accordance with the provisions of the agreement.
3.5. Pre-Authorization and Blockage In the case that the Tenant (Customer) fails to pay the charges before the vehicle is released, the Lessor (Rent a car company) makes a blockage on the Tenant (Customer)'s credit card account for the amount of the anticipated price for the vehicle rental service plus the anticipated price for the use of additional services and the value of the own and full fuel tank share.
3.6. Payment before Pick-up The vehicle will be released to the Tenant (Customer), after the payment has been made and deposit secured by the Lessor (Rent a car company) by collecting the appropriate amount from the credit card account or paying in cash.
3.7. Payment Failure In case of Payment failure by the Tenant (Customer) for the rental of the vehicle and use of additional services reservation can be cancelled.
3.8. VAT/TAX Invoices The Tenant (Customer) who is a non-consumer authorizes the Lessor (Rent a car company) to issue a VAT invoice for the services provided by the Lessor (Rent a car company) without the Tenant (Customer)'s signature and agrees to receive invoices also via e-mail.
4. BAIL/DEPOSIT 4.1. Pre-Authorization of Funds At the commencement of the rental period, the Tenant (Customer) will provide a deposit through pre-authorization of funds on the credit/debit card specified in the rental agreement. This pre-authorization is not a charge but a temporary hold on the funds. 4.2. Release of Pre-Authorization If the vehicle is returned in accordance with the agreement and no additional charges apply (e.g., extra days, mileage, fuel replenishment, or other fees listed in the terms), the pre-authorization will be released. 4.3. Processing Time for Release The release of the pre-authorization may take up to 14 days due to processing times by various banks and transaction systems. 4.4. Ongoing Financial Responsibility The release of the pre-authorization does not exempt the Tenant (Customer) from financial responsibility for incidents, damages, or fines that may arise even months after the rental period due to processing delays by law enforcement, administrative offices, and other relevant institutions. 4.5. Settlement of Additional Charges If additional charges are identified after the release of the pre-authorization, the Tenant (Customer) agrees to settle the charges in accordance with the tables of fees and penalties and the terms of this agreement using one of the payment methods proposed by the Lessor (Rent a car company): remote card charge (MO/TO), payment link, PayPal, bank transfer, cash, or another method indicated by the Lessor (Rent a car company).
- RETURN OF A VEHICLE, ADDITIONAL COSTS, AND FEES FOR DAMAGES
5.1. Vehicle Return At the end of the rental period or the previously agreed extended rental period, the Tenant (Customer) must return the vehicle to the Lessor (Rent a car company) at a previously agreed place.
- A delay of up to 1 hour in the return of the vehicle is permissible. If the delay exceeds 1 hour, a full day fee and an administrative fee of PLN 300 will be charged. If the delay exceeds 24 hours, a fee of 200% of the daily price and the administration fee will be charged. The above does not apply to scheduled rental extensions - just call us at the phone number provided on the first page and agree when you want to return the car.
- If the Tenant (Customer) does not return the car at the agreed place, the Tenant (Customer) may also be charged with the costs of searching or recovering the vehicle incurred by the Lessor (Rent a car company).
5.2. Condition of Returned Vehicle The Tenant (Customer) must return to the Lessor (Rent a car company) a clean and tidy vehicle as well as in a non-deteriorated condition.
- If the Tenant (Customer) returns the vehicle to the Lessor (Rent a car company) in the deteriorated condition, the Tenant (Customer) will be required to pay a cleaning fee of a minimum of PLN 300.00 to a maximum of PLN 800.00 depending on the degree of soiling and restoring the vehicle to a suitable condition.
- In the event of any mechanical failure during the rental period, the Tenant (Customer) must notify the Lessor (Rent a car company) immediately. The Tenant (Customer) is not authorized to perform or authorize any repairs without the Lessor (Rent a car company)’s written consent.
5.3. Fuel Level
The Tenant (Customer) must return the vehicle to the Lessor (Rent a car company) with at least the same amount of fuel as was in the vehicle's tank at the beginning of the rental period.
- If the Tenant (Customer) returns the vehicle with a higher amount of fuel than at the beginning of the rental period, the Tenant (Customer) will not be refunded the cost of additional fuel.
- If the vehicle is returned with less fuel than at the beginning of the rental period, the Tenant (Customer) will be obliged to refund the cost of additional fuel and will be charged a refueling fee. If the vehicle is returned with less than a full tank, a refueling charge in the amount of 3 USD per litre plus VAT will occur, charged in the current PLN conversion rate. Fuel prices are subject to change at any time.
5.4. Additional Items The Tenant (Customer) must return to the Lessor (Rent a car company) all additional borrowed items in such condition as at the time of rental. If additional items rented by the Tenant (Customer) from the Lessor (Rent a car company) are not returned or returned in a damaged condition, the Tenant (Customer) will be obliged to fully cover the cost of purchasing these elements.
5.5. Deduction of Fees and Costs The Tenant (Customer) hereby authorizes the Lessor (Rent a car company) to deduct from the deposit all fees and costs incurred by the Lessor (Rent a car company) or which the Lessor (Rent a car company) will have to incur in points 5.1 to 5.4 above, and if the deposit is insufficient to cover them, the Tenant (Customer) hereby authorizes the Lessor (Rent a car company) to collect the relevant difference using the credit/debit card used to make payment for the vehicle.
5.6. Vehicle Condition The Tenant (Customer) must return the vehicle to the Lessor (Rent a car company) with the set of tires, accessories, equipment, and/or contents of the vehicle in an undamaged condition or without additional damage, in accordance with the Control List of Damage.
5.7. Return Outside Business Hours If the Tenant (Customer) returns the vehicle outside of the Lessor (Rent a car company)'s business hours or without the presence of the Lessor (Rent a car company) (for example, in a hurry for a plane or other situations), and if the Tenant (Customer) agrees to return the car without the presence of the Lessor (Rent a car company), the sole responsibility for the car's condition and anything that can happen with the car until it is picked up and checked by the Lessor (Rent a car company) lies with the Tenant (Customer).
- The Tenant (Customer) is responsible for parking the vehicle in the designated area and securely locking the vehicle.
- The Tenant (Customer) must place the keys and any necessary documents (e.g., rental agreement, parking ticket) in the key dropbox, hotel reception, other company, and/or person, obligatorily consulted and agreed with the Lessor (Rent a car company) by phone, SMS, or any electronic message including emails.
- The vehicle's condition, including cleanliness, fuel level, and any damages, will be assessed by the Lessor (Rent a car company) within a maximum of 24 hours.
- The Tenant (Customer) remains responsible for the vehicle until it is inspected by the Lessor (Rent a car company). Any damages, missing fuel, excessive dirt, or any other additional charges according to this agreement, terms and conditions, and additional charges and penalties table, identified during the inspection will be charged to the Tenant (Customer).
- The Lessor (Rent a car company) will notify the Tenant (Customer) of any identified issues within 24 hours of the inspection. The Lessor (Rent a car company) has 14 days to assess the amount and provide it to the Tenant (Customer), and the Tenant (Customer) has 14 days to respond to the Lessor (Rent a car company) after receiving the estimate. If the Tenant (Customer) does not respond, the amount can be processed for payment.
5.8. Loss, Theft, or Damage
- In the case of loss, theft, or damage of a vehicle or tires, accessories, equipment, or vehicle content, the Lessor (Rent a car company) will keep all bail until the damage is determined and valued.
- f the loss, damage of the car was caused by the Tenant (Customer) without the participation of a third party, the Lessor (Rent a car company) shall submit to the Tenant (Customer) an invoice specifying the full repair costs and costs of the loss, and/or theft, and the Tenant (Customer) hereby authorizes the Lessor (Rent a car company) to deduct the invoice amount from the deposit. If the deposit is insufficient, the Tenant (Customer) authorizes the Lessor (Rent a car company) to collect the remaining amount from the Tenant (Customer)'s credit/debit card.
- If the loss, theft, or damage was related to a third party's participation, the Tenant (Customer) may be liable for damages caused by the accident, loss, and/or theft of the car up to the amount corresponding to their damage excess as specified in the Agreement (see point 6). The Tenant (Customer) authorizes the Lessor (Rent a car company) to deduct the amount corresponding to their damage excess from the deposit or to collect this amount from the Tenant (Customer)'s credit/debit card.
5.9. Early Return The Tenant (Customer) is not entitled to a refund of the rental fees made for the unused period of rent if the Tenant (Customer) returns the vehicle to the Lessor (Rent a car company) earlier than the specified time and day of return.
5.10. Termination of Agreement The Lessor (Rent a car company) may terminate the Agreement with immediate effect in the event of the Tenant (Customer) using the vehicle contrary to its intended purpose.
5.11. Payment Obligations In all situations referred to in the Agreement regarding the Credit/Debit Card Collection, if the credit/debit card does not have sufficient funds to deduct the appropriate amount resulting from the Agreement, the Tenant (Customer) is obliged to pay the appropriate documented amount, reduced by the part already deducted, within 14 days from the date of receipt of the request for payment, VAT invoice, debit note, or from the date of receipt of the document confirming the number of fees, costs, damage, loss, theft, damage excess, etc.
6. NEGLIGENCE, SCOPE OF INSURANCE, AND PROCEDURES IN CASE OF ACCIDENT 6.1. General Obligations The Tenant (Customer) and Additional Driver hereby agree that the vehicle will always remain locked when no passengers are in it and undertake to take all reasonable steps to prevent the loss, theft, or damage of the vehicle or its tires, accessories, equipment, or additional rental items or vehicle contents. 6.2. Vehicle Maintenance On the day of commencement of the rental period, the vehicle will be delivered to the Tenant (Customer) with the correct tire pressure, engine oil level, fluid level in the battery, windscreen washer fluid level, coolant level, and automatic transmission fluid (if applicable). The Tenant (Customer) is responsible for maintaining these levels throughout the rental period. 6.3. Insurance Exclusions Due to Negligence The vehicle insurance provided by the Lessor (Rent a car company) does not provide protection in the event of the Tenant (Customer)'s negligence or non-compliance with the conditions set out in points 6.1 and 6.2. In such situations, the Tenant (Customer) will be liable for any damage to the vehicle and authorizes the Lessor (Rent a car company) to deduct the damage incurred from the deposit. If the cost exceeds the amount of the deposit, the Tenant (Customer) hereby authorizes the Lessor (Rent a car company) to charge the additional amount to the credit/debit card used to make the rental payment. The provisions of paragraph 5.11 apply accordingly. 6.4. Specific Exclusions from Insurance Coverage The insurance coverage provided by the Lessor (Rent a car company) does not protect the Tenant (Customer) in the event of loss, theft, or damage in the following situations:
- Damage to wheels, hubcaps, mirrors, antennas, shelves, and windscreens; loss of keys and subsequent replacement costs; loss of radio, radio/CD; costs resulting from theft of the above; refueling the vehicle with the wrong fuel; damages to tires. If the Tenant (Customer) changes the tire, it must be of the same brand and specification as the original tire; loss or damage to the spare wheel, if provided; or loss or damage of the repair kit in the event of tire damage.
- In the event of loss or damage as described in point 6.4.1 above, the Tenant (Customer) authorizes the Lessor (Rent a car company) to deduct the costs from the deposit. If the costs exceed the deposit amount, the Tenant (Customer) authorizes the Lessor (Rent a car company) to charge the additional amount to the credit/debit card used to make the payment for the vehicle. The provisions of paragraph 5.11 apply accordingly.
6.5. Damage excess The insurance coverage provided may not fully protect the Tenant (Customer) in the event of an accident. There is an amount called the "damage excess" that will not be covered:
- Pursuant to this Agreement, the damage excess is the amount indicated on the first page of the contract for the vehicle. The Tenant (Customer) is obliged to pay this amount in the event of loss, theft, an accident, or collision.
- If the vehicle is involved in an accident or collision, the damage excess specified in this Agreement will be immediately required from the Tenant (Customer) to the Lessor (Rent a car company), and the Tenant (Customer) authorizes the Lessor (Rent a car company) to charge this amount to the credit/debit card used to collect the deposit. If the deposit was retained, the Lessor (Rent a car company) will collect the missing amount of the damage excess after taking into account the deposit. The provisions of paragraph 5.11 apply accordingly.
- In the event of a claim without establishing fault, the Lessor (Rent a car company)'s insurers may recover amounts due to losses or thefts not covered by insurance from third-party insurers, including the amount of the damage excess for which the Tenant (Customer) is responsible. As a result, the Tenant (Customer) may be entitled to reimbursement of their share in losses and thefts not covered by insurance, recovered by the Lessor (Rent a car company)'s insurers from third-party insurers.
6.6. Reporting Obligations In the event of an accident, collision, damage, or theft of the vehicle, the Tenant (Customer) must immediately inform both the Police and the Lessor (Rent a car company). The Tenant (Customer) is also obliged to cooperate with the Insurance Company and the Lessor (Rent a car company) to the extent necessary to liquidate the damage to the damaged car used by the Tenant (Customer). This includes performing all possible actions to obtain the data referred to in item 6.7 and witnesses of the traffic incident that can confirm its course, providing a detailed description of the incident, and other documents necessary in the course of damage liquidation as required by the Insurance Company. 6.7. Data Collection in Case of Accident In the event of an accident or collision, the Tenant (Customer) is obliged to protect the Lessor (Rent a car company)'s interests and vehicle by following all instructions contained in the vehicle, completing the insurance accident form, and providing it to the Lessor (Rent a car company) as soon as possible after the accident. The Tenant (Customer) must also obtain data from other participants of the accident or collision, including their name, address, PESEL number, ID number, telephone number, date of issue, driver's license number, car brand, model, and registration number of the vehicle(s) involved. The Tenant (Customer) should also obtain copies or photocopies of the driving licenses and vehicle registration documents of persons involved in the accident or collision, to the extent possible. 6.8. Liability for Damages If the Tenant (Customer) damages the rented vehicle, they are subject to the terms and liabilities set forth in the rental agreement and any services purchased from the Lessor (Rent a car company) related to reducing or eliminating the excess. If the Tenant (Customer) uses external insurance, purchased through a broker or other intermediary, or credit card insurance (not a service purchased from the Lessor (Rent a car company)), they are responsible for the full amount of the damage depending on the breach, failure, or negligence. The Tenant (Customer) must settle the amount with the Lessor (Rent a car company) upon vehicle return or after receiving an appropriate estimate from the Lessor (Rent a car company) (provided within 14 business days). Any compensation claims and reimbursement pursuits will be handled directly with the entities providing such insurance according to their terms. The Lessor (Rent a car company) is not a party in such situations and is not obliged to present invoices or receipts for restoring the vehicle to its pre-damage condition, but will prepare and provide an estimate prepared by an appropriate entity in the given situation. Preparing an estimate for damages has an extra cost included in the additional charges table. 6.9. Financial Responsibility for Fines and Charges The Tenant (Customer) bears financial responsibility for additional costs associated with processing fines and charges for traffic violations. These may include the full charge for the violation, additional processing fees listed in the table of fees and penalties, and other penalties imposed by financial institutions on the Lessor (Rent a car company). 6.10. Cooperation in Case of Incident
In the event of an accident, collision, damage, or theft of the vehicle, the Tenant (Customer) must immediately inform both the Police and the Lessor (Rent a car company). The Tenant (Customer) is also obliged to cooperate with the Insurance Company and the Lessor (Rent a car company) to the extent necessary to liquidate the damage to the damaged car used by the Tenant (Customer). This includes performing all possible actions to obtain the data referred to in item 6.11 and witnesses of the traffic incident that can confirm its course, providing a detailed description of the incident, and other documents necessary in the course of damage liquidation as required by the Insurance Company.
6.11. Data Collection and Reporting In the event of an accident or collision, the Tenant (Customer) must protect the Lessor (Rent a car company)'s interests and vehicle by following all instructions contained in the vehicle, completing the insurance accident form, and providing it to the Lessor (Rent a car company) as soon as possible after the accident. The Tenant (Customer) must also obtain data from other participants of the accident or collision, including their name, address, PESEL number, ID number, telephone number, date of issue, driver's license number, car brand, model, and registration number of the vehicle(s) involved. The Tenant (Customer) should also obtain copies or photocopies of the driving licenses and vehicle registration documents of persons involved in the accident or collision, to the extent possible. 6.12. Agreement Copy for Investigation The Tenant (Customer) agrees that, in the event of the Lessor (Rent a car company)’s investigation for any loss, theft, or damage to the vehicle, a copy of this Agreement may be transferred to the Lessor's insurers, their authorized representatives, third-party insurers, or lawyers involved in the claim.
- COMMITMENTS AND RESPONSIBILITIES
7.1. Payment of Charges During the rental period or extended rental period, the Tenant (Customer) or Additional Driver will be required to pay and will be responsible for paying certain charges for any offences committed in the country in which the vehicle has been rented or in which the Tenant (Customer) may drive the vehicle following the authorization under this Rental Agreement as if the Tenant (Customer) or Additional Driver were the owners of the vehicle. Fees for which the Tenant (Customer) and Additional Driver may be liable include, among others:
- Any penalty tickets according to the Tariff for traffic violations or violation of driving regulations, such as speeding fines or additional fees due to non-payment.
- All tolls, fares for bridges or tunnels, or additional fees due to their non-payment.
- Fees for entry to certain areas or penalties for non-payment.
- Any parking fees incurred as a result of parking the vehicle in breach of regulations or in violation of any parking restrictions apply when parking the vehicle or exceeding the paid parking time, including any financial penalties or fees in connection with their non-payment.
- Any fees for removal or towing or removing the wheel lock caused by parking the vehicle in breach of regulations or in violation of any time restrictions or without the consent of the owner of the area where the vehicle was parked, including any financial penalties or fees due to their non-payment.
- Any fees for storing the vehicle, administrative fees, or vehicle charges incurred as a result of parking the vehicle in breach of regulations or in violation of any time restrictions or without the prior consent of the landowner, including any financial penalties or fees for non-payment.
- In the event of the Tenant (Customer) or Additional Driver's liability for misdemeanours or failure to pay any fee referred to in points 7.1.a to 7.1.f, as a result of what the Lessor (Rent a car company) will be responsible for, the Tenant (Customer) authorizes the Lessor (Rent a car company) to deduct the costs related to such charges from the deposit. If the deposit is insufficient or returned to the Tenant (Customer), the Tenant (Customer) hereby authorizes the Lessor (Rent a car company) to charge the credit/debit card used to make the payment for the vehicle with the missing amount or the full amount of costs associated with the fees paid together with an administrative fee of PLN 300.00 for each offence for which the fee has not been paid. The provisions of paragraph 5.11 apply accordingly.
7.2. Child Car Seats The regulations in force in the country in which the vehicle is rented or run may require all children travelling in cars to use the appropriate car seat. Therefore, the Tenant (Customer)'s duty is:
- To make sure to order the right child car seat at the Lessor (Rent a car company) when booking a vehicle if a child will be travelling in the vehicle.
- To install all car seats for children in the vehicle. Under no circumstances will a Lessor (Rent a car company)’s staff member mount or install car seats on behalf of the Tenant (Customer).
7.3. Small Expenses
Small expenses connected with the use of the vehicle, in particular, the cost of fuel, are charged to the Tenant (Customer).
7.4. Vehicle Repairs and Maintenance
The Tenant (Customer) undertakes to immediately notify the Lessor (Rent a car company) of the necessity to make repairs to the vehicle or if maintenance is necessary. In such a situation, the Tenant (Customer) is obliged to let the Lessor (Rent a car company) make necessary repairs, inspections, and maintenance to the vehicle, and the Tenant (Customer) is obliged to immediately notify the Lessor (Rent a car company) about the situation.
7.5. Replacement Vehicle In the event of breakdowns or damage to the vehicle to a degree that makes the vehicle impossible to use, the Lessor (Rent a car company) will try to provide the Tenant (Customer) with an alternative replacement vehicle for the remainder of the rental period, which will be subject to the conditions set out in the original Agreement.
7.6. Unauthorized Repairs The Tenant (Customer) is not authorized to perform any repairs to the vehicle and cannot allow others to perform such repairs without the express written consent of the Lessor (Rent a car company). If the Lessor (Rent a car company) authorizes the Tenant (Customer) to perform any repairs, the Tenant (Customer) may be entitled to a refund by the Lessor (Rent a car company), provided that the Tenant (Customer) obtains a receipt or an invoice specifying the tax, labor costs, and parts used.
7.7. Refund of Fees If the Tenant (Customer) attempts to refund fees made using a credit/debit card for any payments due under the terms of this Agreement or fees charged for non-compliance by the Tenant (Customer) and Additional Driver with any clause in this Agreement, or for any fees or administrative fees due under this Agreement, the Tenant (Customer) will be required to pay an administration fee of PLN 300.00 to compensate the Lessor (Rent a car company) for the need to deal with this issue, including any fees incurred in connection with the request for a refund.
7.8. Breach of Agreement If the Tenant (Customer) violates any of the terms of this Agreement, the Lessor (Rent a car company) is entitled to treat this Agreement as terminated and take over the vehicle, and the Tenant (Customer) hereby authorizes the Lessor (Rent a car company) or representatives of the Lessor (Rent a car company) to enter the land owned by the Tenant (Customer) to take over the vehicle if necessary.
7.9. Third-Party Claims The Tenant (Customer) undertakes to immediately notify the Lessor (Rent a car company) of any case of a third-party investigation of a claim against the Tenant (Customer) or the driver of the vehicle.
7.10. Appropriate Fuel The Tenant (Customer) undertakes to refuel the vehicle with the appropriate type and quality of fuel. In the event of a failure to meet this obligation, the Tenant (Customer) undertakes to repair the damage caused by refuelling the vehicle with the wrong type of fuel or inadequate quality.
7.11. Prohibition of Sublease The Lessor (Rent a car company) does not agree to the Tenant (Customer) giving the vehicle to a third party for free use or sublease. The Tenant (Customer)'s violation of this prohibition will be treated by the Lessor (Rent a car company) as a breach of the Agreement, which entitles the Lessor (Rent a car company) to terminate the Contract with immediate effect.
7.12. Use Outside Poland The vehicle may not be used outside the territory of the Republic of Poland without the written permission of the Lessor (Rent a car company).
7.13. Safety Systems The Tenant (Customer) undertakes to use all safety systems in the vehicle each time they leave the vehicle.
7.14. Speed Limit The Tenant (Customer) is obliged not to exceed a speed of 160 km/h while using the vehicle.
7.15. GPS Monitoring The vehicle may be equipped by the Lessor (Rent a car company) with a hidden GPS System that can monitor the vehicle’s location and speed.
- PERSONAL DATA PROTECTION
8.1. Data Administrator The Lessor (Rent a car company) is the administrator of the Tenant (Customer)'s personal data and conducts all personal data processing operations.
8.2. Data Protection Officer The Lessor (Rent a car company) has appointed a Data Protection Officer who can be contacted regarding the protection of personal data and the exercise of rights by sending a message to the email address [email protected] or in writing to the headquarters address.
8.3. Purpose of Data Processing The Tenant (Customer)'s personal data will be processed for the purpose of performing a vehicle rental contract in accordance with the principles set out in this Agreement.
8.4. Legal Basis for Processing
The processing of personal data is based on the implementation of the Contract for the provision of lease services concluded with the Lessor (Rent a car company) (Article 6, paragraph 1, letter b of the GDPR).
8.5. Necessity of Providing Data Providing personal data is necessary to conclude an agreement with the Lessor (Rent a car company) or to contact the Lessor (Rent a car company) for purposes related to the provision of services. Although providing personal data is optional, it is necessary to provide services to the Tenant (Customer) under the Agreement.
8.6. IT Environment Processing The Tenant (Customer)'s personal data will be processed in an IT environment, which means that they may also be temporarily stored and processed to ensure the security and correct operation of IT systems, such as for executing backup copies, testing changes in information systems, detecting irregularities, or protecting against abuse and attacks.
8.7. Data Sharing The Lessor (Rent a car company) does not generally provide the Tenant (Customer)'s personal data to any third party or persons, except in situations where the Lessor (Rent a car company) has a legal basis and at the request of authorized entities, such as law enforcement agencies, insurers for damage liquidation, or when necessary to perform services offered by the Lessor (Rent a car company). Personal data may also be provided when required by law and only to the extent specified by the relevant provisions, particularly to law enforcement authorities or tax authorities. Additionally, the Lessor (Rent a car company) may use the services of other entities in the field of law, taxation, accounting. In all cases where data is provided to the Tenant (Customer) or their recipient, the Lessor (Rent a car company) requires compliance with all obligations arising from the GDPR and data security.
8.8. Data Transfer Outside the EEA The Tenant (Customer)'s personal data, as a rule, are not transferred outside the European Economic Area (EEA). However, the transfer of personal data outside the EEA may occur when necessary, and in such cases, an appropriate level of protection will be applied.
8.9. Data Retention Personal data will be kept for the duration of the contract. After termination of the Agreement, personal data will be stored due to obligations arising from relevant legal regulations for their duration and legal security, and until the prescription of any claims. The specificity of the services provided by the Lessor (Rent a car company) means that the Lessor (Rent a car company) is obliged by law to process data even when the Tenant (Customer) ceases to use their services. Such liabilities arise additionally from tax or accounting regulations, as well as in the case of liquidation of damage by the insurer.
8.10. Rights of the Tenant (Customer) The Tenant (Customer) has the right to access their data and receive a copy, the right to rectify (correct) their data, the right to request deletion of data, restrictions on data processing, the right to withdraw consent to the extent they are processed on this basis, the right to object, the right to transfer data, and the right to lodge a complaint with the supervisory authority. To exercise these rights, please submit a request via the contact form or write directly to the Administrator at the following address: Fleet Advisor Krzysztof Fabrykiewicz, with headquarters in Warsaw at Komitetu Obrony Robotników 39, Building 10, 02-148 Warsaw.
8.11. Data Provision and Consent Providing data by the Tenant (Customer) is a condition of concluding the contract and is optional.
Consents to Data Processing for Marketing Purposes:
I consent to the processing of my personal data in the scope indicated in this Agreement by the Lessor (Rent a car company) in order to:
- ⃝ YES ⃝ NO - marketing and promotion of products or services of the Lessor (Rent a car company) and entities providing services related to the Lessor (Rent a car company)'s products, including in particular financial services, insurance, sale of parts and accessories, maintenance services.
- ⃝ YES ⃝ NO - receiving commercial information about the products or services of the Lessor (Rent a car company) and entities providing services related to the products of the Lessor (Rent a car company), in particular, inter alia, financial services, insurance, sales of parts and accessories, service services via electronic means of communication to the e-mail address indicated above.
9. FINAL PROVISIONS 9.1. Severability The Parties agree that if any provision of the Agreement or its part proves to be invalid or unenforceable for any reason, it will not affect the validity of the Agreement in the remaining scope. In such a case, the parties undertake to take all legally permissible steps to arrange their rights and common interests so that the objectives set out in the Agreement can be implemented in a different, legally and practicable manner. 9.2. Amendments Any changes or additions to this Agreement must be made in writing under penalty of nullity. 9.3. Governing Law Matters not covered by the Agreement shall be governed by the relevant provisions of applicable Polish law, including in particular the Act of 23 April 1964, the Civil Code. 9.4. Acknowledgment The Parties declare that they have had sufficient time to read and understand the contents of the Agreement and all attachments, which form an integral part of the Agreement, and do not express any reservations about them. The Table of Penalties and Fees, the Price List of Additional Services, and the Order Form of Goods are an integral part of the Agreement. 9.5. Dispute Resolution Any disputes arising from the implementation of the Agreement will be resolved by the common courts competent for the Lessor (Rent a car company), provided that if the Tenant (Customer) is a consumer pursuant to Art. 22 (1) of the Act of 23 April 1964, the Civil Code, all disputes will be resolved by the common courts with jurisdiction for the defendant. 9.6. Legal Binding The agreement, including all attachments and documents sent electronically, is considered legally binding. The electronic signature of the Tenant (Customer) and Lessor (Rent a car company) on a tablet or smartphone is deemed equivalent to a handwritten signature. By signing electronically, the Tenant (Customer) consents to this form of agreement, which is recognized and enforceable by both parties. The conclusion of the agreement electronically, even outside the Lessor (Rent a car company) premises, does not constitute grounds for withdrawal. 10. FORCE MAJEURE Neither party shall be liable for any failure or delay in performing their obligations under this Agreement if such failure or delay is due to force majeure, which shall include, but not be limited to, acts of God, war, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials. 11. COMPLAINT PROCEDURES The Tenant (Customer) may submit complaints regarding the rental service to the Lessor (Rent a car company) in writing or via email to [email protected]. 12. NO RIGHT OF WITHDRAWAL
The electronic conclusion of the rental agreement, including outside the Lessor (Rent a car company)'s premises, is legally binding and does not constitute grounds for withdrawal. By signing this agreement electronically, the Tenant (Customer) acknowledges and agrees that the agreement is enforceable and binding.
Tabela Kar i opłat dodatkowych // Table of Fees and Penalties:
1. Fee for damage incurred during rental up to the amount of excess depending on the group of the rented car
1000-10000 PLN
2. Fee for loss/theft of the vehicle during rental full deductible, depending on the group of the rented car
1000-10000 PLN
3. Administrative handling fee
300 PLN
4. Refueling fee per liter
20 PLN / litr
5. Penalty for refueling with the wrong fuel 1000 PLN + cost of car repair + cost of a full tank of correct fuel
1000 PLN
6. Penalty for smoking in the car
600 PLN
7. Cleaning fee after rental (outside / inside)
300 - 600 PLN
8. Fee for cleaning car seats (per seat)
90 PLN
9. Fee for cleaning baby seat
50 PLN
10. Fee for cleaning booster seat
30 PLN
11. Penalty for transporting animals without permission
650 PLN
12. Fee for not reporting/ignoring/exceeding mileage
6000 PLN
13. Penalty for loss of warranty due to Tenant's fault
15 000 PLN
14. Fee for losing/destroying a parking ticket
100 PLN
15. Fee for losing/destroying a GPS device
600 PLN
16. Fee for losing/destroying a baby seat
1000 PLN
17. Fee for losing/destroying a booster seat
200 PLN
18. Fee for losing/destroying/using a fire extinguisher
300 PLN
19. Fee for losing/destroying a spare wheel
1500 PLN
20. Fee for losing/destroying/using a repair kit
600 PLN
21. Fee for losing/destroying a trunk shelf
800 PLN
22. Fee for losing/destroying a car floor mat
250 PLN
23. Fee for losing/destroying a windshield wiper
250 PLN
24. Fee for losing/destroying car documents
1500 PLN
25. Fee for losing/destroying registration plates (2 plates)
2500 PLN
26. Fee for losing/destroying a registration plate (1 plate)
1500 PLN
27. Fee for losing/destroying a car key, remote, or transponder
5000 PLN
28. Penalty for an unauthorized driver operating the rented vehicle
1000 PLN
29. Penalty for an unauthorized driver under 25 operating the rented vehicle
1500 PLN
30. Penalty for unauthorized trip abroad (EU countries)
1500 PLN
31. Penalty for unauthorized trip abroad (non-EU countries)
20000 PLN
32. Penalty for exceeding the permissible load capacity of the rented vehicle
3000 PLN
33. Penalty for speeding above 160 km/h
1500 PLN
34. Penalty for using the car for purposes not agreed/forbidden by the lessor + repair cost
2000 PLN
35. Fee for processing an unjustified complaint / claim
300 PLN
36. Fee for processing a ticket/penalty fee/inquiry (e.g., speeding ticket, parking fee) sent by an authorized office - from Poland
150 PLN
37. Fee for processing a ticket/penalty fee/inquiry (e.g., speeding ticket, parking fee) sent by an authorized office - from abroad + penalty cost
200 PLN
38. Fee for returning the car without informing the lessor
300 PLN
39. Penalty for extending the rental without the lessor's consent + 200% of daily rate
300 PLN + 200% /d
40. Fee for preparing a damage repair cost estimate (at the customer's request)
300 PLN
41. Fee for missing equipment or parts not included in the price list
Fee according to the manufacturer's price list + administrative fee
42. Fee for exceeding the km limit according to fair usage policy (500 km/day)
1 PLN / km
43. Fee for returning the car in a place other than agreed upon while renting
150 PLN (+ 5 PLN / km)
44. Issuing a request for payment after the payment deadline
150 PLN