Rental conditions

GENERAL TERMS AND CONDITIONS (GTC)

Attachment to the Fleet Advisor Krzysztof Fabrykiewicz Vehicle Rental Agreement – updated 28-04-2026

• 1. INTEGRATION & LANGUAGE

1. These GTC form an integral part of the "Rental Agreement" (Page 1) and "Handover Protocol" (Page 2) generated by the reservation system.
2. Tenant details, Vehicle parameters, rental rates, deposit, and technical condition specified on Pages 1 and 2 are binding and prevailing.
3. Language Declaration: The Tenant declares that they speak Polish or English to an extent that allows for a full understanding of the Agreement. If the Tenant does not speak these languages, before signing the Agreement the Tenant is obliged to:
   1. translate the content of the Agreement on their own (e.g., using translation applications, a translator, or a trusted person), or
   2. request additional time from the Lessor to review the content of the Agreement.

Signing the Agreement constitutes confirmation that the Tenant has reviewed its content in a manner understandable to them and accepts all its provisions. The Tenant acknowledges that the Agreement is available only in the Polish and English versions, and no auxiliary translation (e.g., done by an application) replaces the original version.

1. Electronic Form: The Agreement is concluded in documentary form. The signature placed by the Tenant on the tablet (mobile device) is legally binding. The finalized document (Agreement + GTC) is automatically sent to the Tenant's email address, which the Parties recognize as effective delivery of the Agreement copy.
2. Tenant Status: If the Tenant is a consumer within the meaning of Art. 22¹ of the Polish Civil Code, the provisions of this Agreement apply subject to consumer protection regulations. In case of conflict between the provisions of the Agreement and mandatory consumer law, statutory provisions shall prevail. If the Tenant concludes the Agreement in connection with their business activity, the Civil Code provisions concerning entrepreneurs shall apply.
3. Exclusion of withdrawal right: The Tenant-consumer acknowledges that pursuant to Art. 38 point 12 of the Polish Consumer Rights Act of 30 May 2014, the right to withdraw from a contract concluded at a distance or off-premises does not apply to vehicle rental contracts for a specified period.

• 2. PAYMENTS & DEBT RECOVERY

1. Authorization (Card-on-File): The Tenant authorizes the Lessor to charge the payment card presented at the time of rental. The authorization remains valid for the period necessary to settle all amounts due under this Agreement.
2. Deposit and Authorization Hold: At vehicle pickup, the Lessor performs a pre-authorization (temporary hold) on the Tenant's card for the amount of the deposit and anticipated additional charges. The pre-authorization is not a card charge but a temporary reservation of funds. Release of the pre-authorization occurs after vehicle return, however the actual unblocking of funds by the Tenant's bank may take up to 14 business days. The release of the pre-authorization does not relieve the Tenant from liability for charges reported after the return date (e.g., fines, damages discovered later).
3. Debt Recovery Costs: In case of payment failure, the Lessor implements a monitoring procedure. The Tenant agrees to cover lump-sum administrative costs:
   1. Stage I (7 days overdue): Pre-court Payment Notice (SMS/E-mail) – fee: 150 PLN.
   2. Stage II (14 days overdue): Final Notice and entry into Debt Registers (BIG/KRD) – fee: 250 PLN.
   3. Stage III (21 days overdue): Transfer to external Debt Collection/Court – case file preparation fee: 400 PLN.
4. These fees are independent of statutory interest and court costs.
5. Submission of a complaint pursuant to § 7 suspends the debt recovery procedure in accordance with the rules set out in § 7.
6. An unjustified chargeback dispute results in charging the Tenant with an administrative fee per Fee Table § 6 and does not suspend the enforceability of the Lessor's claim.

• 3. USAGE RULES

1. Driver: The Vehicle may only be driven by the Tenant or a person named in the Agreement (driving license min. 2 years). Sharing the car with third parties is prohibited under penalty.
2. Prohibitions: Strict ban on: smoking tobacco/e-cigarettes, transporting animals (without consent), towing, racing, carrying more passengers or cargo than permitted by the vehicle registration certificate, and driving under the influence of alcohol/drugs.
3. GPS Monitoring & Speed: Notwithstanding applicable traffic regulations, a contractual penalty shall be charged for every recorded instance of exceeding the speed of 160 km/h. The Vehicle is equipped with a GPS device that continuously records: location, speed, distance travelled and operational parameters of the Vehicle. The data is processed for the purposes of vehicle security, verification of rental terms (in particular speed and territorial limits) and pursuing potential claims. Data is retained for 12 months after the end of the Agreement. It may be disclosed to law enforcement authorities upon their request, to the insurer in case of damage, and to debt collection agencies when necessary to recover the Vehicle.
4. Abroad: Leaving without the Lessor's consent results in:
   1. in case of travel within the EU/EEA area: contractual penalty as specified in the Fee Table § 6 and the Tenant's liability for all damages in accordance with § 5;
   2. in case of travel outside the EU/EEA area, including countries affected by armed conflict or countries excluded from the Lessor's insurance coverage (including but not limited to Ukraine, Belarus, Russia, non-controlled parts of Moldova): immediate termination of the Agreement, contractual penalty as specified in the Fee Table § 6, and full financial liability of the Tenant for any damage, theft, loss of value or loss of the Vehicle up to its market value, regardless of the insurance package purchased and the Excess amount;
   3. additionally, in case of letter b): the Tenant covers the costs of vehicle repatriation to Poland and legal costs related to vehicle recovery.

• 4. RETURN, FUEL & OPERATING FLUIDS

1. Time: Return delay >1h without consent results in a charge for another day + penalty.
2. Early Return: In the event of returning the Vehicle before the end of the reserved rental period, the Lessor shall refund the Tenant a proportional amount for the unused days, reduced by a handling fee of 100 PLN. No refund applies if the rental period was shortened due to the Tenant's fault (e.g. vehicle confiscation, early termination of the Agreement due to violations).
3. Fuel: Return with the same fuel level as at pick-up.
   1. Missing fuel = Cost of fuel + Service fee.
   2. Excess fuel = No refund.
4. Cleaning: The vehicle must be clean. For excessive dirt, a washing/cleaning fee will be charged.
5. Operating Fluids (AdBlue, Washer Fluid): The vehicle is handed over with fluids refilled. During the rental, the Tenant is obliged to monitor their levels (according to dashboard indicators) and replenish them at their own expense.
   1. The Lessor does not reimburse the costs of AdBlue, washer fluid during the rental.
   2. Driving with an empty AdBlue tank (warning light/countdown) is treated as gross negligence and may result in a costly penalty required to restore the vehicle to full functionality in case of SCR system failure. This penalty may be significantly higher than the deposit and is not limited by the Excess amount.
6. Unattended Return (Night Drop): In case of returning the Vehicle outside office hours or via Key Box, the Tenant remains fully responsible for the Vehicle's condition (risk of damage, theft) until the actual handover and inspection by the Lessor's staff, no later than the next opening hour of the office. The Lessor undertakes to perform the inspection no later than the first business day following the return.

• 5. INSURANCE, LIABILITY & DAMAGE

1. Excess: If protection offered directly by the Lessor is purchased, the Tenant is liable for damages up to the Excess amount specified on Page 1 of the Agreement.
2. No Lessor Protection (Full Liability): If the rental rate does not include insurance offered by the Lessor, or if the Tenant uses external insurance (e.g., broker policy, credit card, travel insurance):
   1. The Tenant bears financial responsibility up to the amount of the actual damage incurred, capped at the market value of the Vehicle.
   2. The Lessor is not a party to claims against the external insurer. The Tenant is obliged to cover damages directly to the Lessor upon vehicle return (or be charged from the card) and then claim reimbursement from their insurer on their own.
3. Protection Exclusions (SCDW/CDW): Regardless of the insurance purchased, the Tenant covers 100% of the damage in cases of:
   1. intentional act, gross negligence or fleeing the scene of the incident;
   2. failure to document the incident in a manner enabling the Lessor to report the damage to the insurer, i.e. lack of at least one of the following:
      • a Police report from the scene of the incident,
      • a written admission of fault signed by the perpetrator together with their third-party liability (OC) insurance policy number,
      • confirmation of damage report submitted to the insurer by the Tenant during the rental period;
   3. driving the vehicle under the influence of alcohol, drugs or without the required driving license;
   4. damage to the interior, tires, rims, glass, undercarriage or roof of the Vehicle, as well as loss of keys or vehicle documents;
   5. refueling with the wrong fuel.
4. Obligation to Report Damage: The Tenant is obliged to report any incident resulting in damage to the Lessor within 24 hours of its occurrence, in accordance with the procedure set out in § 5a.
5. Missing Items: In case of loss or damage to equipment not explicitly listed in the Fee Table (e.g., trunk cover, car jack, bodywork parts) the Tenant will be charged an Administrative Fee (300 PLN) plus the market cost of purchasing a new part according to the authorized service price list.
6. Damage Assessment: The Lessor undertakes to provide the Tenant with a damage assessment within 14 business days of the vehicle inspection. In cases requiring additional expertise (including hidden damage, expert opinion, authorized service cost estimate), the deadline may be extended to 30 business days, of which the Lessor shall notify the Tenant before the original deadline expires. The Tenant has the right to submit objections to the assessment within 14 days of receiving it, in accordance with the complaint procedure set out in § 7.

• 5a. PROCEDURE IN CASE OF ACCIDENT, THEFT OR BREAKDOWN

1. In case of an accident, collision or damage, the Tenant is obliged to:
   1. immediately ensure the safety of all parties involved and call the Police and emergency services (emergency number 112) if the situation requires;
   2. contact the Lessor's Assistance department at +48 533 006 666 within 24 hours of the incident;
   3. obtain details of all parties involved and a written statement from the perpetrator or a Police report in accordance with § 5;
   4. create photographic documentation of the scene and the vehicle;
   5. not make independent decisions regarding repair or towing of the vehicle without the Lessor's consent.
2. In case of theft of the vehicle or its parts, the Tenant is obliged to:
   1. immediately report the incident to the Police and obtain confirmation of the report;
   2. contact the Lessor at +48 533 006 666 within 24 hours of discovering the theft;
   3. return to the Lessor all keys, remote controls and vehicle documents in their possession — failure to return the keys is treated as gross negligence resulting in full liability for the vehicle's value.
3. In case of vehicle breakdown, the Tenant is obliged to contact the Assistance department at +48 533 006 666. The Lessor will arrange roadside assistance or towing. Independent arrangement of towing or repair without consultation is at the Tenant's expense and risk.
4. Failure to comply with the obligations specified in this paragraph results in charging the Tenant with the contractual penalty specified in the Fee Table § 6 and may result in full liability for the resulting damages.

• 6. TABLE OF FEES AND CONTRACTUAL PENALTIES

The fee table is a single shared table for both Polish and English versions, presented above in § 6 of the Polish version. All amounts are gross (PLN).

Calculation principle for price ranges: In case of items defined by a price range, the final amount consists of: the market purchase price of a new item (according to the authorized service ASO price list) plus an administrative fee (installation/logistics) of 150 PLN.

• 7. FINAL PROVISIONS

1. Left Items: The Lessor is not responsible for personal items left by the Tenant in the vehicle after return. Items not claimed within 3 days may be disposed of.
2. Liability Limitation: The Lessor's liability towards the Tenant (due to vehicle breakdown or other random events) is limited solely to the rental amount for the unused period. The Lessor is not liable for consequential damages (e.g., lost profits, missed flights, hotel costs).
3. Matters not covered shall be governed by Polish law (Civil Code). The competent court is the court of the Lessor's registered office.
4. Prevailing Language: The Agreement is bilingual. In case of discrepancies, the Polish version shall prevail.
5. Complaints: The Tenant is entitled to submit a complaint concerning charged fees within 14 days of receipt of the payment notice, addressed to [email protected]. Submission of a complaint shall suspend the debt recovery procedure set out in § 2 until the complaint is resolved, however no longer than 30 days from the date of submission.
6. Severability: If any provision of this Agreement or the GTC is held to be invalid, ineffective or unenforceable by a competent court or authority, the remaining provisions shall remain in full force and effect. In such case, the Parties undertake to replace the invalid provision with one that most closely reflects its economic purpose.

• 8. PERSONAL DATA PROTECTION (GDPR)

1. The data controller of the Tenant's personal data is Fleet Advisor Krzysztof Fabrykiewicz, with registered office at ul. Komitetu Obrony Robotników 39, 02-148 Warszawa, NIP 123-089-57-97.
2. The Tenant's personal data is processed for the following purposes:
   1. conclusion and performance of the rental Agreement (Art. 6(1)(b) GDPR);
   2. fulfilment of legal obligations of the Lessor, including accounting and tax obligations (Art. 6(1)(c) GDPR);
   3. pursuit of the Lessor's legitimate interests, including debt recovery, vehicle monitoring and fraud prevention (Art. 6(1)(f) GDPR).
3. Data retention period: 6 years from the end of the Agreement (in line with the limitation period for claims and tax obligations).
4. The Tenant has the right to access their data, rectify it, erase it, restrict processing, data portability, and lodge a complaint with the President of the Personal Data Protection Office (UODO).
5. Data may be transferred to third parties only to the extent necessary to perform the Agreement: leasing companies, insurers, law enforcement authorities (upon request), debt collection agencies and IT service providers operating the reservation system.
6. The full information clause is available at: https://fleetadvisor.pl/polityka-prywatnosci.html