RentCars.pl - Car rental

Rules applicable to vehicle leases concluded by PANEK S.A.
In force as of 01-08-2015

Introduction

These Rules – (hereinafter referred to as the Rules) issued by PANEK A. with its seat in Warsaw at al. Jerozolimskie 195 A, 02-222 Warsaw, registered in the register of entrepreneurs of the National Court Register kept by the District Court for the City of Warsaw, XIII Commercial Department under no. 0000324104, NIP (Tax Identification Number: 6922461623, with a share capital of 1.000.000 zł fully paid-up.
The Rules specify the lease conditions of vehicles and delivery trucks leased under contracts concluded by PANEK S.A., hereinafter referred to as the
In the event of any discrepancies between the contract and Rules, the parties are bound by the contract.
The following terms in the Rules shall have the following meaning:
1. User – shall mean the natural person indicated in a lease contract as authorized to drive a vehicle on behalf of the Lessee,
2. Additional driver – shall mean the persons indicated by the Lessee as authorized to drive a vehicle on behalf of the Lessee in the list of drivers provided to the Lessor.

The Lessee and authorisation to drive the vehicle

The following persons may be the Lessee to drive the vehicle:
1. a natural person who:
  1. presents to a Lessor a valid id, or a valid passport,
  2. presents to a Lessor a credit card, and in case of vehciles in E and F classes, two credit cards, valid for at least 3 months following the lease end date,
  3. presents valid certification of entry in the register of sole entrepreneurs or National Court Register (KRS) – this applies to persons who are self-employed or authorized to represent the company,
  4. over 21 years of age - vehicle class A, B, M
  5. over 23 years of age – vehicle class: C, C+, CH, N
  6. over 25 years of age - vehicle class D, D+, D automat, SUV, SUV automat, VAN, R, X
  7. over 30 years of age - vehicle class: S, E,
  8. over 25 years of age – vehicle classes other than specified above;
    subject to clause 46,
2. A legal person who:
  1. presents current KRS excerpt,
  2. presents authorization to conclude the contract and meets the requirements referred to in clause 5(1) a), and d- h.
The Lessee assumes full liability for the leased vehicle until it is returned to the Lessor on the basis of the handover protocol signed by the Lessor.
Only the Lessee, the User and theAdditionaldrivers who has driver licence valid on Poland teritorry, who meets the criteria set in pt. 5 section 1 d)-h) are permitted to drivea vehicle.
Rules in pt. 7 are valid for entire length of following lease. If the requirements of pt. 7 will not be preserved be Lessee, User and Additional Driver, the Lessor, is entitled to terminate the lease immediately.

Vehicle reservation and conclusion of the contract via online form

Lessee reserves the vehicle by filling in the form available at the Internet site: www.ipanek.pl.
After the reservation is submitted via the form, the Customer shall receive confirmation sent at the indicated e-mail address. The contract is concluded once the data of the Lessee is positively verified and the Lessor grants consent for concluding the contract.
Conditions of accepting the offer by the Lessor:
1. acceptance by the customer of the applicable Rules available at www.ipanek.pl,
2. meeting the requirements referred to in clause 5 above,
3. placement of an order at least 48 hours before the planned moment of delivery of vehicle,
4. submitting data of credit card meeting the requirement referred to in clause 5c).
Deposit blocked on the Client’s credit card as a result of conclusion of contract expires within 14 days of lease end date. Due to technical reasons not attributable to the company, the latter is not in a position to change the length of the blockade. In the event of the blockade extending the above period it is recommended to that the Lessee contacts his/her bank which issued credit card.
In the event where it proves impossible to deliver the vehicle conforming to the Lessee’s reservation, the Lessor will lease to the Customer a vehicle of the same or higher class at the same rate at which the reservation was placed. The above shall not constitute a failure to perform or improper performance of the contract by the Lessor.
In the event where the lease period is extended the rent due for period of extension will be accrued according to rates presented at a given day at the internet site: www.ipanek.pl irrespective whether the reservation was placed by a broker or directly.

The Lessee’s obligations

The Lessee shall receive the vehicle in full working order, in a condition enabling normal use thereof and shall undertake to use it with due care and diligence and to return it in the same condition as it was in at the moment of delivery. The Lessee hereby acknowledges that the vehicle may be equipped with GPS monitoring device.
The Lessee shall obtain a clean vehicle and shall be obliged to return it in the same condition.
The Lesseeorperson drivinga vehicleis required tousethe vehiclein the manner specifiedin the contractand corresponding to propertiesand purpose of the vehicleand alsoundertakes to:
1. close the vehicle, and secure the vehicle’s documents and keys outside the vehicle when leaving the vehicle,
2. perform at one’s cost current, basic control of the vehicle, in particular to check and supplement engine oil, fuel, liquid for washers, brake liquid, proper tire pressure and operation of lights,
3. use appropriate type of fuel conforming to the one denoted at the fuel filler.
The cost of fuel used during the lease period and cost of liquid for panes shall be covered by the Lessee.
Save for the clause 19, travelling outside the borders of Poland is prohibited. Any costs connected with failure, damage or theft of vehicle driven outside Poland shall be borne by the Lessee in full.
Subject to a written consent of the Lessor and payment of an additional fee, it is possible to travel to Austria, Czech Republic, , Germany, Slovakia and. Should the laws applicable in above country of destination, provide for requirements regarding the vehicle or its equipment unforeseen by Polish law it is the Lessee's liability to adapt the vehicle and its equipment to such requirements at his/her own cost.
Should the Lessee use the vehicle in a manner contradictory to the contract or vehicle’s purpose and despite being warned does not cease or neglects the vehicle to such an extent that it is exposed to the loss or damage, the Lessor may terminate the lease immediately
Smoking tobacco and transportation of animals in the vehicle is strictly prohibited.

Vehicle return

Following the expiry of period for which the contract was concluded the Lessee shall return the vehicle to an agreed location at a time specified in the contract. The costs of returning the vehicle to a location other than that specified in the contract, without the written consent of the Lessor, shall be borne by the Lessee in accordance with clauses 54 and 55.
Return of the vehicle not later than 59 minutes after agreed time is free of charge. Return of the vehicle with bigger delay will result with charging the Lessee with another full day of lease, subject to clause 24.
Should the Lessee wish to extend the lease, he/she should notify the Lessor and obtain consent at minimum 12 hours prior to agreed time of vehicle return. Lessee may not extend the lease without payment for extension of the lease. Should the Lessee fail to obtain the Lessor’s consent for extending the lease period and to pay for the lease extension, the vehicle will be reported to the police as stolen, and Lessee will be charged with contractual penalty for each commenced additional day of non-contractual use as provided for in clause 36 k).
In the event of a delay in returning the vehicle without the consent of the Lessor, the Lessor is authorised to pick the vehicle up from any location and to charge the Lessee with the full costs connected.
Branches of Panek S.A. are open on working days Monday to Friday from 9 a.m. to 5 p.m. and on Saturdays from 9 a.m. to 1 p.m.
In the event where the vehicle is returned after the above specified hours the Lessee shall:
1. in case of branch having a box for keys and during absence of Lessor’s representative – return the vehicle, upon payment of a fee referred to in clause 48, by placing the vehicle’s keys and documents in a box. By this the Lessee accepts a unilateral handover to be made by the Lessor’s representative signing the vehicle handover protocol;
2. in case of branch having a box and during the absence of Lessor’s representative the Lessee may also return the vehicle, upon payment of a fee referred to in clause 49, Such service, must be notified 24 hours before lease ends.
In all other cases of returning the vehicle after the above specified hours the Lessee shall pay a fee referred to in clause 48.
Should the insurance company be obliged to pay the rent for lease of the vehicle and the Lessee fails to return the vehicle despite the expiry of lease period, the obligation to pay the rent for each additional day following the lease period agreed between the insurance company and the Lessor is assumed by the Lessee. The Lessee is obliged to pay for each such additional day of lease in advance.

Breakdowns, damage and theft of the vehicle

Lessee shall provide the vehicle to the Lessor in order to perform overhaul or replace tires in the location and at the time specified by the Lessor. Should the Lessee fail to provide the vehicle for overhaul, he/she shall be charged with a penalty in accordance with section 36 (l).
In case of a breakdown or malfunction of the vehicle, the Lessee shall be obliged to notify the Lessor immediately. The Lessee shall neither make any repairs nor tow the vehicle without the consent of the Lessor. The Lessee shall cover the costs connected with such activities. In the event where the vehicle broken or malfunctioning due to the Lessee’s fault is left in location other than agreed location of return, the Lessee shall bear the costs of towing the vehicle in accordance with clause 65. The Lessor’s right to seek compensation of damages under general principles shall not be excluded.
The Lessee is not allowed to use leased vehicle for towing
In case of a vehicle theft, damage, collision or accident, the Lessee is obliged to immediately notify the Police and the Lessor (calling +48 509 822 422) on the event. In addition, the Lessee shall be obliged to co-operate with the insurance company, and the Lessor to the extent necessary to liquidate the damage, in particular to provide written description of the event, a copy of the document entitling him/her to drive the vehicle, ID document and declaration on being sober at the moment of the event. In case of theft of the vehicle, the Lessee shall be obliged also to immediately return the keys and documents to the Lessor.
In case of breakdown and inability to start the leased vehicle, the Lessor shall provide a substitute vehicle for the Lessee. The Lessee shall not pay any rent for the time spent at awaiting for the substitute vehicle. In the situation when the substitute vehicle is of lower class, the rent is reduced accordingly.
The Lessee is not entitled to be provided with a substitute vehicle in the event of:
1. loss of the registration documents or insurance policy or keys to the vehicle,
2. vehicle damage caused by the Lessee, User or Additional driver or person authorised by the Lessee,
3. immobilisation of the leased vehicle outside Poland,
4. parking damage, acts of vandalism or tire puncture.

The Lessee’s liability and Contractual Penalties

The damages resulting from failure to perform or improper performance of the contract within the scope of in-kind obligations shall be compensated by payment of contractual penalties specified in clauses 35 and 36, subject to clauses 37-41.
The contractual penalty depends on the class of the leased vehicle and amounts to:
- in class A, - 1000 PLN
- in class B, - 1500 PLN
- in class C, C+, C automatic, M - 2000 PLN
- in class D, D+, D automatic, R, SUV, VAN, CH, N, N+, N refrigerated - 2500 PLN
- in class D premium, E, SUV automatic, X - 3500 PLN
- in class F - 6000 PLN
- in classes other than specified above - 3000 PLN
Other contractual penalties:
1. damage or loss of the vehicle key or remote control - 600 PLN
2. damage or loss of the vehicle documents (with the exception specified in clause 41 f) - 500 PLN
3. damage or loss of the insurance policy, number plates, windscreen stickers (for each) - 200 PLN
4. each day of halt caused by necessity to supplement items referred to in clause 32 b) and c):
  - class A, B, C, C+, CH, C automatic N, N+, N refrigerated, M - 100 PLN
  - class D, D+, D automatic, D premium, R, , SUV, SUV automatic, VAN, X, E, F - 150 PLN
5. smoking inside the vehicle - 500 PLN
6. transporting animals in the vehicle - 300 PLN
7. returning a dirty vehicle - 40 PLN
8. returning a vehicle with undurable (i.e. capable of being removed by standard cleaning procedures used by professional car washes) stains on the seats, upholstery and boot, - 300 PLN
9. damage or loss of each hubcap - 100 PLN
10. non-contractual use of the vehicle - the value of the daily rate plus 100 PLN per each commenced day
11. loss of the vehicle’s warranty due to the fault of the Lessee or person driving the vehicle - 2000 PLN
12. refuelling the vehicle with the wrong type of fuel, referred to in clause 16 c - 1800 PLN
13. removal or substitution of parts of the vehicle or alteration without the consent of the Lessor - 2500 PLN
14. travelling abroad without the consent of the Lessor (subject to clauses 18, 19) - 2000 PLN
15. travelling abroad without the consent of the Lessor reffered in pt. 19 - 500 PLN
16. driving a vehiclebya person other thanthe Lessee, User oradditionaldriver - 1000 PLN
17. damaging aluminum rim (per each rim) - 1000 PLN
18. damaging tire (per each tire) - 100 PLN
19. loss of parking ticket issued by parking operator - 150 PLN
The Lessor reserves the right to seek supplementary compensation for damages under the principles defined in the Civil Code in case where the amount of the damages exceeds the due contractual penalty.
Lessee may exempt himself/herself from liability provided for in clauses 18, 34-37, 41, by presenting the Lessor with the evidence that damage was the consequence of the circumstances for which the Lessor is not liable, in particular: written statement of the perpetrator or in the event where the perpetrator is not known – Police memorandum from the place of event in which the circumstances are described or documentation of Police or prosecutor’s proceedings if the vehicle is stolen or other crime is committed.
The Lessee for additional payment may buy Packages which reduce liability for the leased vehicle:
1. CDW - excludes provisions of clause 37,
2. SCDW + TWC – reduces liability for damage to the vehicle (including pane, tires and rims – including aluminum ones) to zero and excludes clause 37.
Packages listed in clause 39 do notexclude theliabilityfor the remaining contractual penalties set out in clause 36 (except for clause 36p) and in clause 41.Packageslisted in clause 39 may be purchased only for the entire term of the lease.
The Lessee is liable to the full amount of the damage if it was caused by the Lessee’s deliberate action, inaction or negligence, including:
1. damaging the interior of the vehicle, leaving durable stains,
2. driving the vehicle under influence of alcohol, under influence of drugs or other intoxicants or without valid driving license,
3. escape from the place of accident or collision,
4. travelling outside Poland without the consent of the Lessor,
5. failing to comply with an obligation to return the registration documents or keys after the theft of the vehicle - resulting with insurer’s refusal to pay the compensation for theft,
6. failing to comply with the requirements required by the insurer resulting with refusal to pay the damages due to the Lessee’s fault,
7. exceeding permitted speed or loading capacity or other breach of traffic regulations applicable at the place of accident or collision,
8. participating in competitions, rallies, races, shows and other similar events,
9. providing false data or documents in order to lease the vehicle.
The Lessee is obliged to coverthe full amount ofpenalties, parking fees, tollsand other fees arisingduring thelease periodand authorizesthe Lessor toprovide his/her personal datato the competent authorities.The Lessor reserves the right to chargethe Lessee with these costs and theadministrative feein accordance withclause 62.
OfIn especially justified cases, the Lessor has the right to cancel the contractual penalty, in part or in whole.

Charges

The lease charges are payable in advance at the rate applicable as at the date of making the reservation.
The Lessee bears all the costs associated with international transfers of amounts due under the lease contract.
Lease of vehicle of classes C, C+, CH, C automatic, N, N+, N refrigerated by person of 21-23 years of age, classes D, D+, D automatic, D premium, R, SUV, SUV automat, VAN, X by person of 23-25 years of age, classes E, F by person of 25-30 years of age (per day) – 40 PLN
Delivery of a vehicle after working hours as specified in clause 26 - 40 PLN
Return of a vehicle after working hours as specified in clause 26 (subject to clause 49) - 40 PLN
Return of a vehicle in cases described in clause 26 b) - 100 PLN
Exceeding the limit of kilometres paid, -payment for each extra kilometre - 0,50 PLN
Return of a vehicle at a branch different than location of delivery (subject to clause 52) - 246 PLN
Return of a vehicle at a branch different than location of delivery if leased for more than 4 days (only in cases of notification before lease) - no charge
Travelling abroad with the Lessor’s consent - for the whole lease period (subject to clauses 18,19) - 200 PLN
Delivery or return of a vehicle within borders of cities having PANEK S.A. branch - 40 PLN
Delivery or return of a vehicle outside borders of cities having PANEK S.A. branch – 4 PLN per km calculated between city centre as displayed by GPS and delivery/return location
Packages limiting the liability of the Lessee referred to in 39 (per day)
1. CDW
  - class A, B, - 15 PLN
  - class C, C+, CH, C automatic, M - 25 PLN
  - class D, D+,D automat, N, N+, N refrigerated, R, VAN, SUV, SUV automat, X - 35 PLN
  - class D premium, E - 45 PLN
  - class F - 60 PLN
  - classes other than specified above - 45 PLN
2. SCDW+TWC
  - class A, B, - 50 PLN
  - class C, C+, CH, C automatic, M - 60 PLN
  - class D, D+, D automat, N, N+, N refrigerated, R, VAN, SUV, SUV automat, X - 70 PLN
  - class D premium, E - 90 PLN
  - class F - 120 PLN
  - classes other than specified above - 90 PLN
Additional driver per day - 15 PLN
GPS with map of Poland (per day) - 20 PLN
Child seat (per day) - 20 PLN
Administrative fee for handling fees or charges referred to in clause 42 - 100 PLN
Charge for Customer resigning from the contract until 48 hours before lease commencement date - 50 PLN
Charge for Customer resigning from the contract 48 hours or less before lease commencement date - 300 PLN
Towing a faulty or damaged vehicle – cost of towing or 7 PLN (per km, fee calculated only for one-way drive), however not less than 300 PLN
Return of a vehicle with lower amount of fuel than indicated at delivery – cost of the lacking fuel plus supplementation fee - 50 PLN

Final provisions

All prices listed in the Rules and on www.ipanek.pl include are gross prices.
Complaints should be sent via mail at the Lessor’s registered office address or via email at:[email protected]
The administrator of the personal data is PANEK S.A. Personal data is processed by PANEK S.A. or the entities cooperating with it for the purposes of performing the lease contract, direct marketing of own products or services of PANEK S.A. Provision of personal data is voluntary. The person, to whom data refers, shall be entitled to access his/her data and to correct it.
This Rules and the lease contract are subject to Polish law. Any disputes arising in connection to the lease contract shall be resolved by the common court competent for the location of the Lessor’s registered office, save for the disputes to which a consumer (as defined in art. 221 of the Civil Code) is a party which shall be resolved by the court of general competence.

Rental conditions