Rental conditions

General Terms and Conditions of Car Rental in the Car Rental Company AUTOCLAN
The car rental company Dako Car hereinafter called the Hirer shall rent to the Renter a vehicle to use on the terms set forth in the rental agreement and these general terms and conditions.
Renter
1. A natural or legal person may be a Renter.
2. The person, who rents a vehicle in his own or will be using a vehicle rented
by a legal person should be at least 18 and posses a license to drive
the rented vehicle. It is also required to have an additional identity document (ID card
or passport), and, in the case of legal persons - the certificates of incorporation of these
entities and a written authorization to receive the vehicle.
Rental and Use of the Vehicle
3. After completion of the formalities (signing the agreement, payment etc.), the Owner
shall provide the vehicle for use for the period of time specified in the rental agreement.
4. Throughout the rental period the vehicle shall remain the property of the Owner and
upon its request, without recourse to give a reason, the vehicle must be returned.
5. At the date of providing the vehicle, one will draw up a protocol of delivery which will
describe the technical condition of the vehicle (damages, amount of fuel, mileage etc.)
before it’s renting. To be valid, the protocol should be signed by both Parties of the rental
agreement. If the Renter's signature on the protocol is missing, the vehicle's technical
condition shall be deemed to be consistent with the one described by the Owner.
6. The Renter shall obliged to use the vehicle in accordance with its intended purpose,
exercising due diligence in its operation and in particular shall be obliged to:
a) have documents provided for by the traffic law,
b) protect the vehicle against theft (closing vehicle and setting the alarm
and interlocks each time),
c) perform on own expense the standard service of the vehicle, i.e. checking and
filling the washer fluid, coolant, engine oil and other operating fluids, if necessary,
d) control if the lights work and replace bulbs if necessary,
e) observe the applicable traffic regulations.
7. The rented vehicle shall not be sublet and lend to use to third parties.
8. The vehicle shall not be used for any sport competitions, rallies and for a driving school.
9. Without the Owner's permission, the vehicle shall not leave Polish territory.
10. While the rental agreement is in force, the Renter is prohibited to repair the vehicle
and make any alterations.
11. An occurance of the vehicle's breakdown should be reported immediately to the Owner
and if it affects
safety or may result in a damage to the vehicle, the vehicle should not be used.
12. The Renter is exclusively liable for any traffic offenses arising during the term of the
agreement.
13. The Owner reserves the right to make the Renter's data available for the prosecuting
authorities
(e.g. the Police or the City Wardens).
14. Smoking tobacco etc. in the vehicle is forbidden.
Payment and Deposit
15. Payment for rental of the vehicle shall be made in advance (before renting).
16. Payment may be made in three different forms:
a) in cash,
b) by a bank transfer to the account,
c) by a credit or payment card.
17. At signing the agreement, the Renter shall pay a deposit to the Owner.
18. The deposit is a financial security for any claims of the Owner against
the Renter and may be withheld partially or in full.
19. The deposit may be paid in three different forms:
a) in cash,
b) by a bank transfer to the account.
c) by a credit or payment card in the form of sale,
d) by a credit card in the form of a pre-authorisation- overdraft freeze (only in case of
rentals
shorter than 14 days).
20. If there are no reasons to keep the part or the whole deposit, it will be returned
to the client to a designated bank account within 3 days of the date of the vehicle's return.
If the deposit was paid as a pre-authorisation on the credit card, the Owner will not
complete it which will result in unlocking the overdraft automatically.
21. If it is necessary to keep a part of or the whole deposit, it will be settled the latest
within 30 days of the date of the vehicle's return.
Vehicle's Return
22. The Renter shall be obliged to return the vehicle at the date specified in the agreement,
in identical technical condition as at the time of renting, cleaned and fueled fully,unless the
Parties agreed otherwise in the agreement.
23. Extension of the term of rental for over an hour will result in calculating a fee for
another day of the rental.
24. If the Renter does not return the vehicle within twelve hours of the date specified in the
rental agreement and does not contact the Owner, the Owner will report the theft of the
vehicle to the prosecuting authorities and will calculate three times the daily rate for each
day of delay.
25. If the Renter return the vehicle before the date specified in the agreement, the refund of
money for unused rental time will not be possible.
26. At the date of the vehicle's return, one will draw up a protocol of collection which will
damaged vehicle and will also charge the Renter with the costs of the vehicle's downtime
(the daily rate multiplied by the number of days needed to repair the vehicle).
27. If, for various reasons, it is not possible to draw up the protol of collection at the
moment of the vehicle's return (e.g. the vehicle is dirty or returned in a place away from
the light), the Owner will draw up the protocol on its own as soon as possible (e.g. after
washing the car) and the vehicle's technical condition shall be deemed to be as described
by the Owner.
Vehicle's Damage or Loss
28. If the rented car is return with new damages (which occurred during the rental),
the Owner will charge the Renter with an amount equal to the costs needed to repair the
damaged vehicle and will also charge the Renter with the costs of the vehicle's downtime
(the daily rate multiplied by the number of days needed to repair the vehicle).
29. The amount of the repair's cost shall be determined by the Owner among others on the
basis of the valuation of the authorized car service.
30. In the case when the costs of damages exceeds 2000 PLN (in words: two thousand
PLN) net, the Renter shall be obliged to pay its own share in the amount of 1500 PLN (in
words:1500 PLN) net and to report the damage from the accident and theft insurance
policy.
31. The clauses 21, 22 and 23 shall not apply if the vehicle is damaged due to the road
collision caused by third parties. In such case, the Renter shall obliged to contact the
Owner as soon as possible, call the police to the scene of the accident and obtain the guilty
party's data. To release the Renter from the liability for the accident,the police must
confirm the fault of the guilty party.
32. In the case of the road collision, the Renter shall be obliged to secure the vehicle and
prevent it from further damaging.
33. The Renter has to inform the Owner of this fact immediately, it means within 12 hours
of the accident (including the vehicle's damage as a result of acollisions). Otherwise, the
Rentershall be fully liable and obliged to cover all the costs related to the accident.
34. In the case of the vehicle's theft, the Renter has to inform the Owner of this fakt
immediately, it means within 12 hours of the theft and return the keys and vehicle's
documents. Otherwise, the Renter will be charged with an amount equal to the market
value of the rented vehicle.
35. If the loss/ theft of the vehicle were caused by the Renter, it will be charged with an
amount equal to the vehicle's market value.
36. The Renter shall be fully liable and obliged to compensate for all the damages arising
as a result of driving whilst under the influence of alcohol or drugs and
other pharmacological measures preventing driving
Additional Costs and Contractual Penalties.
37. The Renter shall undertake to cover the additional costs and contractual penalties as
well as shall agree to settle them with the deposit:
a) return of the vehicle dirty outside - 50 PLN,
b) return of the vehicle not cleaned inside - 100 PLN,
c) return of the vehicle not with a full tank - the cost of the missing fuel increased by 50
PLN,
d) fee for making the Renter's data available to the prosecuting authorities (e.g. the Police
or the City Wardens)- 50 PLN,
e) loss of the vehicle's keys or card -1000 PLN‚
f) loss of the registration certificate or acknowledgment of insurance - 1000 PLN,
g) not observing the ban of smoking the tobacco etc. in the vehicle - complete loss of the
deposit,
h) an intentional damage to the rented car or damage due to gross negligence - complete
loss of the deposit,
I) appropriating or replacement of parts and components of the vehicle - 1000 PLN,
j) using the vehicle not in accordance with its intended purpose (e.g. blatant violation of
traffic regulations, overexploitation of the vehicle, overloading the engine and all other
activities leading to faster wear of any elements of the vehicle) - 1000 PLN.
Additional Provisions on Cashless Rental
38. To the Clients whose vehicle was damaged due to a road collision which
guilty party is other driver holding automotive liability insurance, the Owner shall offer a
possibility of cashless settlement of the replacement vehicle's rental between the renter
with an insurer of the collision' quilty party. The conclusion of the cashless rental
agreement shall not mean waiving by the Owner claims against the Renter in respect of the
vehicle's rental.
39. A condition to take use of the cashless rental is recognition of its liability by
the accident's guilty party in the form of a relevant statement or a police's decision
confirming the fault of the guilty party.
40. To be able to take use of the cashless rental, the Renter must show above mentioned
document and the policy number and the name the quilty party's insurer, assign to the
Owner its claims for compensation related to the costs of the replacement vehicle's rental
against the insurer and sign a statement indicating that the use of the replacement vehicle
is necessary, especially that the Renter does not have another car.
41. The Renter shall be obliged to cooperate with the Owner in the course of the loss
liquidation and possible judicial process, it means in particular inform of the liquidation
proceeding and provide documents, statements confirming the legitimacy of the claims
addressed to the insurer.
42. The Renter shall be obliged to return the replacement vehicle to the Owner
immediately, it means the latest the next day after informing it by the insurer of the
settlement of the damage as a so-called total damage or payment of the compensation
for the damaged vehicle or collection of the vehicle from the garage. If the Renter gives
back the vehicle later than that day, it shall be obliged to cover immediately the cost of the
rental for the period from the day mentioned above till the day of the vehicle's return.
43. After returning the vehicle, the Owner will issue a VAT invoice on the Renter and the
claim for its payment will address to the insurer. If the claim is not accepted partially or in
full by the insurer, the Owner will bring the civil lawsuit. Costs of the legal proceedings
and procedural risk shall be borne by the Renter. In the case of the dismissal of
the action or recognition of the legitimacy of the insurer's decision, in particular if
it turns out that the indicated accident's quilty party is not responsible for the accident or
the statement of the Renter as reffered to in clause 39 will be untrue, the total cost
of the rental shall be borne by the Renter.
44. The Renter shall not be obliged to pay a deposit mentioned in clause 16. In such case
the amount of the deposit defines only the liability of the Renter during the vehicle's rental.
45. The Owner shall not collect in advance any fees related to the cashless rental of the
replacement vehicle and shall not require from the Renter giving an exact date of the
vehicle's return.
Final Provisions
46. All matters not regulated by these terms and conditions shall be subject to the
provisions of the Polish Civil Code.
47. The terms and conditions as well as the delivery and collection protocol constitute an
integral part of the rental agreement.
48. In the case of the violation of any of these terms, the Owner shall have right to keep a
part or the whole deposit.
49. The Court having jurisdiction to settle any disputes arrising out of or in connection
with this agreement shall be the Court ‚having jurisdiction over the Owner's seat.
50. This rental agreement was executed in two identical counterparts, one for each Party.