Regulations for Car Rental ‘TM Flota spółka z ograniczoną
Odpowiedzialnością’ sp.k. ("Regulations")
General Provisions
1. Regulations issued by the company under the name "TM Flota spółka z
ograniczoną Odpowiedzialnością" spółka komandytowa with its registered seat in
Warsaw (03-303), ul. Jagiellońska 84, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court
for the Capital City of Warsaw in Warsaw, XIII Economic Division
of the National Court Register, KRS: 0000292299, REGON: 141189873,
NIP: 1132695850.
2. Definitions:
‘Lessor’ - ‘TM Flota spółka z ograniczoną odpowiedzialnością’
spółka komandytowa With registered office in Warsaw (03-303) at
Jagiellońska 84, KRS: 0000292299, REGON: 141189873, NIP: 1132695850;
‘Renter’ - natural person fulfilling the conditions specified in the Regulations
taking the Car under the Contract for use as a consumer within the meaning of art. 22 1 of the Civil Code or as an entrepreneur within the meaning of
article 43 1 of the Civil Code, as well as a legal person or an organizational unit without legal personality, on behalf of which
a person authorized by it concludes the Contract;
"Parties"- jointly the Rental Company and the Renter;
"Car" - the vehicle leased under the Contract;
‘User’ - an individual designated by the Renter as authorised
to drive the Car. The Renter may be designated as
User;
‘Contract’ - the Contract for Car Rental, concluded by the Parties, establishing their
mutual rights and obligations, together with the appendices being its integral
part. In the event of a contradiction between the Contract and the Regulations, the
provisions of the Contract shall prevail;
‘Documentary form’ - shall be understood to mean the documentary form in
as defined by the Civil Code, in particular, these are declarations made to
in the form of emails, text messages or recorded telephone conversations. The Agreement,
Annexes, Minutes, Rules and Regulations as well as other statements to the Agreement may
be signed in document form using an electronic device
such as a tablet, smartphone etc.
Terms and conditions of the lease
3. A tenant may become:
1) An individual who meets the following conditions together:
a) Will present a valid identity card or passport,
b) Produces a valid document of a driving licence cat. B, honoured on the territory of
of the Republic of Poland,
c) Is entered in the Central Register of Evidence and Information on Business Activity
in the case of rental of a Car as an entrepreneur,
d) Is over 18 years of age.
2) A legal person or an organisational unit not having the status of
legal entity entered in the relevant register, whose
representative concluding the Contract on its behalf meets all of the following conditions:
a) presents documents authorising the conclusion of the Contract on behalf of
the entity it represents,
b) presents a valid document of a driving licence cat. B, honoured in the
territory of the Republic of Poland,
c) is over 18 years of age.
The Renter shall be fully responsible for the Car and for the acts and
omissions of the User as if they were his/her own, and in particular for compliance
with the terms and conditions of the Regulations and the Contract until the Car is collected by
the Rental Company on the basis of a takeover protocol signed
by the Rental Company. In the event of indicating in the Contract one or more
Users other than the Renter, the liability of the Renter and all
Users shall be joint and several.
(5) Only the Renter and
User, who fulfil at any time during the term of the Contract the criteria
set out in point 3 of the Regulations, are authorised to drive the Car. At each summons of the Rental Company the
Renter shall be obliged to indicate the actual User using the
Car at the time or period specified in the summons and to
demonstrate that such User meets the criteria specified in point
3 of the Regulations.
(6) In the event of the Renter or User
not fulfilling any of the requirements indicated in point 3 of the Regulations or violating
the provisions of point 5, including in particular the lack of or incomplete response to
the request of the Rental Company within the time limit specified, the Rental Company is
entitled to refuse to enter into the Contract or to terminate it immediately
Reservation of a Car and conclusion of the Contract
7. The Renter may reserve a Car by means of:
a) the form available at www.tmflota.com,
b) by telephone on +48 22 590 70 84,
c) by e-mail at: [email protected].
The Renter shall receive a confirmation of the Car reservation by e-mail
to the e-mail address provided by the Renter.
8. conclusion of the Agreement by the Rental Company is conditional upon:
a) positive verification of the Renter regarding fulfilment of the conditions
set out in point 3 of the Regulations,
b) acceptance of the Regulations by the Hirer,
c) submission of a reservation at least 24 hours prior to the planned time
for collection of the Car,
d) in the case of payment by bank transfer - crediting the amount of the transfer to the Rental Company's bank account
.
9 At the conclusion of the Contract a pre-authorisation may be made on the Renter's credit card
/debit card. The release of the pre-authorisation shall take place at
within the period resulting from the card issuer's procedures. The Landlord is entitled
to charge the Tenant with unpaid and due amounts
resulting from the Contract or the Terms and Conditions. The blocking on the card in the form of
preauthorisation lasts for approximately 30 calendar days. The release of the pre-authorisation
does not imply a waiver of the Lessor's
claims against the Lessee.
10. the Car shall be released on the basis of a takeover protocol signed by the Parties
and submission by the Renter of relevant
statements when required. In the event of inability to release the Car
in accordance with a confirmed reservation the Rental Company may dispose of for
rental a Car of the same or higher class, for the price indicated in
reservation, which shall not constitute a failure to perform or improper performance
of the Contract.
Obligations of the Renter
11. The Renter may not, without prior consent of the Rental Company, transfer
the Car to a third party for use, in particular for subletting,
lease or lending. The Renter may make the Car available to his
authorised employees or co-workers whom he uses
in the performance of his activity, indicated to the Rental Company as
Users. The Renter undertakes to:
a) make the Car available for use, on behalf of and under the responsibility of
the Renter, only to persons authorised to
drive the Car and meeting the requirements indicated in point 3
of the Regulations and after obtaining the relevant consent of the Rental Company;
b) ensure that the person authorised to use
the Car is in possession of the documents required by
legal regulations during its use;
c) use a type of fuel compliant with the engine specification of the Car
(information on the type of fuel is displayed on the Car, on the inner
side of the fuel filler flap or in the Car documents);
d) to familiarise himself with the documentation provided by the Rental Company together with
Car, and to use the Car in a manner compliant with its
purpose;
e) immediately, but not later than within 12 hours from the occurrence,
unless this is impossible for objective reasons, to notify
the Rental Company and Assistance about irregularities in the operation of the Car, and
also about damage, immobilisation or destruction of the Car - by phone to: +48 22 590 70 84 or by email to: [email protected]
and to the number indicated on the sticker on the driver's window
Car (Assistance TM Fleet);
f) comply with generally applicable legal regulations in the country
in which the Car is used, in particular with
traffic regulations;
g) secure the Car against theft, in particular by
locking it and activating all
anti-theft devices installed in it each time it is left;
h) secure with due care and outside the Car: keys,
devices used to secure the Car (e.g. immobiliser card)
and documents of the Car, provided they have been issued;
i) perform, at his own expense and effort, current maintenance of the Car, i.e.
its cleanliness, checking and replenishing the level of the
washer fluid, coolant, oil, checking the tyre pressure and its
condition, checking the efficiency of the signalling, dipped and driving lights and
bulb change, etc;
j) return to the Rental Company together with the Car a complete set of documents
Car and keys or devices used for securing the Car
(e.g. card);
k) pay fines or other penalties and charges, including parking fees for the Car,
which the user of the vehicle or the driver is obliged to pay;
l) reimburse the Rental Company for the costs referred to in sub-clause k) above in a situation
where they are charged to the Rental Company within 7 days from the day on which the
request for payment is made;
m) return the Car to the Rental Company clean inside and outside,
unless the Contract provides otherwise.
12. Movement of the Car outside the Republic of Poland without
consent of the Rental Company given in documentary form shall be prohibited.
All costs connected with breakdown, damage or theft as well as with
return of the Car outside the borders of the Republic of
Poland, including administrative costs of the Rental Company, shall be borne by the Renter in
full.
14. It is forbidden to:
a) smoke tobacco and other substances in the Car, including
electronic cigarettes;
b) use the Car to start other vehicles, as well as
tow other vehicles, trailers or any other objects;
c) perform alterations or changes to the Car or disassemble
any parts of the Car, including wheels, tyres or
devices installed in the Car;
d) perform repairs to the Car, with the exception of the
current service activities referred to in point 11(i) of the Regulations;
e) exceed the permitted speed or load capacity;
f) contravention of the law with the use of the Car, including
traffic regulations;
g) use of the Car in races, rallies, competitions and for
commercial carriage of persons, including occasional carriage or as
a taxi;
h) use of the Car for driving lessons;
i) carriage in the Car of animals and other objects, materials
and substances capable of soiling, destroying or damaging the Car;
j) covering the Car with any materials;
k) removal of the Rental Company's markings from the Car;
l) use of the Car on roads and unpaved areas,
not admitted for traffic;
m) use of the Car after consumption of alcohol, intoxicants, psychotropic substances or other substances
impairing awareness and reaction capabilities.
Return or Replacement of the Car
15. The Renter shall be obliged upon termination of the Contract to return the Car at
a place indicated by the Rental Company . The Car shall be returned in a place
other than indicated by the Rental Company after the parties have agreed upon the time and place of return and against payment of an additional fee.
16) Return of the Car outside office hours shall be possible only after
obtaining consent of the Rental Company in documentary form under pain of
nullity.
17. extension of the Contract shall require consent of the Rental Company. The intention
to prolong rental of the Car must be notified at least 24
hours before the planned termination of the Contract.
Extension of the Contract by more than 24 hours requires agreement by
via e-mail or in person and prior payment of the
rental fee.
Failure to return the Car within 24 hours from termination of
of the Contract shall be treated as misappropriation of the Car (an offence under
article 284 of the Criminal Code) and shall be reported to the Police. In addition, the Rental Company
is authorised in such case to remotely block the Car
in a manner preventing further movement in the Car. In such
case the Renter shall be fully liable for the Car, on
terms and conditions specified in the Contract and the Regulations, for the entire period when the
Car remains blocked until possible return of the
Car to the Rental Company. In particular the Renter shall be obliged
to adequately secure the Car , including against access by
third parties, during the entire period when the Car remains blocked. The Renter
shall be obliged to bear all costs and expenses connected with absence of security or
leaving the Car in a place not intended for such purpose during the period
when the Car remains blocked.
19 In the event of termination of the Contract without
notice, the Renter shall be obliged to immediately indicate
a parking place for the Car and to return it to the place indicated
by the Rental Company, not later than within 12 hours.
20. in the event of failure to return the Car on time or delay in
timely return of the Car, the Rental Company shall be entitled to
block the Car and to collect the Car, keys, policy,
Car documents from the Renter and to charge the Renter with full
costs incurred in connection with blocking and collection of the Car.
21 The Renter shall be obliged to return the Car with not less
fuel than that with which he collected the Car. In case of breach of the above
obligation the Rental Company may charge the Renter with additional costs
on this account
22. The Rental Company shall have the right to charge the Renter with costs on the following
grounds:
a) shortages in the Car equipment or its parts as described in the
takeover and acceptance protocol and compensation for wear and tear of the Car
inside or outside exceeding the scope resulting from the principles of
normal use;
b) damages caused by improper use of the Car or
negligence of the Renter such as e.g. damaged mirrors, cracked
headlights minor damage to car body elements, etc.;
c) costs of restoring the Car to a condition corresponding to
normal wear and tear, including costs of car washing and upholstery washing, as well as removal
of consequences of any changes made contrary to the Contract or these Terms and Conditions;
d) compensation for loss in the value of the Car due to an accident or
collision in a situation where the damage is not covered by the insurance company in full
or for loss in the value of the Car due to unauthorised
actions or omissions of the Renter.
23) In the event of loss of elements or equipment of the Car or
occurrence of damage as a result of improper use or security
of the Car or loss of documents, the Renter shall be obliged to
incur all costs on this account.
24) In the event of loss by the Renter of one of the following elements:
registration document, registration plate, policy, car keys
or other elements indicated in the Regulations, the Rental Company may
charge the Renter with additional payments on this account.
25 The Rental Company shall be responsible towards the Renter on account of
non-performance or improper performance of the Contract, including in particular
for defects in the Car, in accordance with the provisions of the Civil Code,
provisions of the Contract and the Regulations. The Rental Company shall not be liable for
hypothetical damage and lost profits.
26 In the event that the Renter extends the Contract for rental previously
paid by an insurance company or other entity on the basis of a separate
agreement, the obligation to pay for each additional day after the expiry of the period
agreed with the insurance company or other entity shall be transferred to
the Renter. The Hirer is obliged to pay the amount due in advance and the
Agreement is extended only for the period prepaid by the Hirer. In
case of non-payment, the Agreement is terminated at the end of the last
paid rental day.
Breakdowns, Damage and Theft of the Car
27. In the event of damage to the Car, accident, collision, theft
of the Car, damage to the Car as a result of burglary or other
prohibited act or loss of keys to the Car or other
devices securing the Car, the Renter shall be obliged to immediately
notify the Rental Company and Assistance by
contacting the hotline and following
instructions received, and to immediately call the Police to
the place of the event. The Renter is obliged to obtain a statement from the Police,
confirming the culpability of the perpetrator and containing all other data
required by the insurance company with which the
Car is insured under the insurance contract, including: his/her name,
registration number and make of the vehicle, the number of his/her insurance policy and
the name of the insurance company which issued such policy. If the perpetrator is
unknown, the Hirer is obliged to immediately notify the Police, in order to
initiate proceedings for the incident referred to in the preceding sentences of
.
28 In case of breakdown or immobilisation of the Car the Rental Company
shall make a substitute car available to the Renter within 24 hours on the territory of
the Republic of Poland from the moment of informing the Rental Company.
29. The Rental Company shall not be entitled to make a substitute Car available in the event of:
a) damage to the Car through the fault of the Renter or User or other persons,
for whom the Renter is responsible;b) immobilisation of the Car in the territory of countries to which departure is
prohibited;
c) use of the Car in a manner contrary to the Contract or breach of the provisions of the Contract by
the Rental Company;
d) when the planned repair of the Car does not exceed 24 hours.
30 The Rental Company shall be exempt from the obligation to provide
a substitute vehicle if repair of the Car is not performed at ASO
agreed with the Rental Company.
31. the issue, use and return of the substitute vehicle and
liability of the Renter shall be governed by the provisions set forth in
Contract and the Regulations concerning the Car.
32. Upon completion of repair of the Car the Renter shall be obliged
to immediately collect the repaired Car and return the substitute vehicle, however not
later than on the next working day after receipt of information on
completion of repair. In the event of a delay in collection and return of the
substitute vehicle, the Renter shall cover the costs of using a substitute vehicle during the
period of delay.
Renter's responsibility and contractual penalties
33. The Renter, on account of the events specified in the chapter Renter's Obligations
(points 11-14) and points 34 and 35 of the Regulations, is obliged to pay to
the Rental Company the contractual penalties specified in these provisions,
unless he proves that the event occurred for reasons for which he, the User and persons for whom
is responsible on the basis of the Agreement, the Regulations or the law.
34 The contractual penalty for damage or non-performance of
obligations provided for in the Regulations depends on the class of the Car and is:
a) In class EDAH - PLN 2,000.00
b) In class EGAH, CDMR, CDAH, CWAH, CGAH, CHAI - PLN 2,500.00
c) For SDAR, EKMR, SKMR, IVMR - PLN 3,000.00
d) For IFAH, FKMD, FKAD, SVMR, SVAR, IVAR, SEAR - PLN 3,500.00
e) For IGAH, DGAH - PLN 4,000.00
f) In class IDAH, PFAH, LFAI, LFAH, ISAR, LFAR - 5.000,00 zł
35. Other contractual penalties due to the Renter from the Lessee in the amounts
for each case of violation:
a) for damage, loss or loss of a key, card, remote control or other
device securing the Car - 5.000,00 zł;
b) for damage to, loss of or damage to Car documents - PLN 500.00;
c) for damage to or loss of a number plate or
registration sticker on the windscreen - PLN 1,500.00;
d) for smoking tobacco, electronic cigarettes, use of alcohol or
placing drugs in the Car - PLN 4,000.00;
e) for transporting or keeping animals in the Car - PLN 1,000.00;
f) for return of uncleaned Passenger Car - PLN 300.00
g) for return of an uncleaned van, specialised car
- PLN 400.00;
h) for return of a Car with non-permanent, i.e. removable under
standard cleaning procedures used in professional
car washes, stains on seats, upholstery, in the boot, etc.- PLN 1. 000,00 zł;
i) for non-contractual use of the Car - additional 100,00 zł for each
commenced day, added to the rate defined in the Contract;
j) for loss of warranty for the Car due to reasons attributable to the Renter
or the User, including in particular as a result of repair of the Car without
consent of the Rental Company - 5,000,00 zł
k) for fuelling the Car with the wrong type of fuel - PLN 5,000.00;
l) for disassembly, substitution of a part of the Car or a device installed
in the Car or making any alterations - PLN 6,000.00;
m) for unauthorised driving outside the borders of the Republic of Poland -
PLN 5,000.00;
n) use of the Car by a person who is not a Hirer or
User - PLN 500.00;
o) for damage to or loss of a hubcap - PLN 150.00 for each hubcap;
p) for damage to an aluminium rim - PLN 1,500.00 for each rim;
q) for failure to refuel to the original amount (refuelling service
- independent of the obligation to cover the costs of fuel purchase) - PLN 150.00.
36. the Rental Company shall in any case have the right to claim
supplementary damages on general terms and conditions in a situation where
the amount of damage exceeds the contractual penalty due.
37. The Renter shall bear full liability
for damages on a risk basis for the Car from the moment of release of the Car, including inter alia for
its loss, destruction or damage.
38. the Parties mutually agree that the value of the Car prior to the occurrence
of the event resulting in the Renter's liability as defined in clause 37
above shall be equal at the option of the Rental Company to the market value
of the Car as determined by an expert appointed by
of the Rental Company or according to Eurotax or Info-Expert quotations.
39. the Rental Company's claims resulting from the liability set out
in point 37 above shall be reduced by the amounts paid to the Rental Company
by the insurance company in the performance of the Car insurance contracts.
40. the Renter, for the fee specified in point 50 of the Regulations, may purchase the service
of waiving the deductible for damage caused. The service
of removing the deductible for damage may be purchased at the latest at
conclusion of the Contract and only for the whole Contract period. It is not possible to waive
the deductible during or after the term of the Contract. 41.
The waiver of the deductible does not exclude the obligation to pay contractual penalties
and any other liability as defined in the Terms and Conditions
or resulting from the law.
41 The removal of the deductible does not exclude obligations to pay
contractual penalties and any other liability specified in the Regulations
or resulting from the law.
42. the Renter shall be liable up to the full amount of the damage (exclusion of waiver of
deductible) when the damage is caused by his/her act, omission
or negligence, including:
(a) damage to the interior of the Car and/or leaving permanent stains;
b) driving the Car while under the influence of alcohol, under the influence of
drugs or other intoxicants, or without a valid driving licence;
c) fleeing from the scene of an accident or collision;
d) driving the Car outside the countries to which travel is
permitted;
e) failure to return the documents of the Car or the set of
keys after the Car has been stolen or failure to comply with other obligations
required by the insurer resulting in refusal to pay
compensation in whole or in part;
f) exceeding of permitted speed or load capacity or other
violation of traffic regulations;
g) use of the Car for participation in competitions, rallies,
races, shows and other such events;
h) use of false data or documents or submission of a false statement to
in order to rent the Car.
Fees
(43) All payments, including rent, shall be made in advance in Polish
zloty (PLN). The parties may define the rules for the settlement of receivables in a different manner,
in particular with the participation of a third party in such settlements. In the
case of the third party's refusal to cover in whole or in part
the Lessor's receivables resulting from the Contract, the Lessee
is obliged to pay them within 7 days from the day of the call. The prices and
amounts mentioned in the Regulations and the Contract are gross prices, unless
otherwise indicated in the Contract. The Hirer shall be liable for all costs related to
payment of the amounts due under the Contract.
(44) In the event of a delay by the Lessee in the payment of dues resulting from
the Contract or the Regulations, the Lessor shall be entitled to the maximum interest
for delay specified in Article 481 § 2 of the Civil Code. In the case where
the rental is made directly in connection with the Renter's
business activity, the Renter shall be obliged to pay to
the Rental Company compensation for the costs of recovering the receivables, in accordance
with the general provisions of law, without an additional summons.
45) The fee for releasing the Car outside the working hours of the rental place
shall be - PLN 50.00.
46. the Fee for return of the Car outside the working hours of the place of rental
shall be - PLN 50.00.
47. The fee for exceeding the kilometre limit, payable for each
kilometre exceeded beyond the limit shall be - PLN 0.50.
48. Fee for delivery/collection of a Car within the borders of a city, where
the place of rental is located, amounts to PLN 45.00
49. Fee for delivery/collection of a Car outside the borders of a city, where
the place of rental is located, amounts to PLN 5.00 for each kilometre counted from
city centre to the place of delivery or collection.
50. service charges for the removal of the deductible, including for damage to
tyres, rims or glass, are calculated: in short-term rental (up to 30 days
of rental) - as a lump sum for the entire rental period, or in
medium-term rental (up to 12 months of rental) - monthly, and amount to:
- In EDAH class - PLN 300.00
- For EGAH, CDMR, CDAH, CWAH, CGAH, CGAI - PLN 350.00
- For SDAR, EKMR, SKMR, IVMR - PLN 400.00
- In class IFAH, FKMD, FKAD, SVMR, SVAR, IVAR, SEAR, IGAH, DGAH -
450,00 zł
- IDAH, PFAH, ISAR - PLN 500,00
- In LFAI, LFAH, LFAR class - PLN 600.00
51. The fee for agreeing to an additional driver indicated by
the Renter for each day of rental is - PLN 10.00.
52. the administrative fee for the handling of dues or fees, as defined in point
11 lit. k), is - PLN 100.00.
53. the fee for the Renter's failure to replace the tyres at the ASO and date indicated
by the Lessor - 2.500,00 zł. The fee is due in
in the case of a rental lasting longer than 30 days, if during the rental period
the proper operation of the Car requires a tyre change and the Renter has not
ordered this service from the Rental Company.
54. Fee for travel abroad - PLN 400.00
GPS device/Toyota Connected Car
55. The Rental Company informs and the Renter accepts that the Car has
installed GPS device or/and Toyota Connected
Car communication module and has the geo-location function or/and Toyota
Connected Car function enabled depending on the Car model and vintage. The geo-location function and the Toyota Connected Car function can track the movement
of the Car and the driver's behaviour. In the case of the Toyota
Connected Car function, personal data is collected by Toyota Motor Europe SA/NV,
Avenue du Bourget/Bourgetlaan 60, 1140 Brussels, Belgium in conjunction with Toyota
Connected Europe Limited, 10th Floor, 14-18 Handyside Street, London N1C
4DN, United Kingdom, and the Renter is the owner and user of the
MyToyota Account or the MyLexus Account, respectively, to which the
Car is assigned. This means that the Rental Company may have access to
data concerning the current location of the Car and information concerning
the driver's driving style, whereby in the event of any
violation of the provisions of the Contract, including in particular non-payment
by the Renter of any amounts due thereunder, as well as the Rental Company becoming aware of any doubts concerning the condition and security of the Car,
the Rental Company shall have the right to block the Car. The Rental Company
is not obliged to provide the Renter with data obtained from the systems and devices described
above.
56 The data indicated in paragraph 54 above related to the use of the
Toyota Connected Car feature shall be processed in accordance with the ‘Terms of Use
of the Toyota Connected Car Services’ and the ‘Privacy Notice Regarding the
Processing of Your Personal Data in the Structure of the Toyota
Connected Car Services’ or the ‘Lexus
Connected Car Terms of Use’ and the ‘Privacy Notice Regarding the Processing of Your
Personal Data in the Structure of the Lexus Connected Car Services’ respectively, which
information is available at:
https://www.toyota.pl/service-and-accessories/my-toyota/myt under ‘To
download’ and https://www.lexus-polska.pl/ownership/about-my-lexus/lexus-link
under ‘Additional Information’. The Hirer agrees to make
the said information available to him/her in the aforementioned manner and undertakes
to familiarise himself/herself with it. In addition, the Hirer undertakes to familiarise himself with this
information to persons driving/using the Car, if according to
the Hirer is authorised to make the Car available to other
persons. At the request of the Renter, the Rental Company shall send the above indicated
information by e-mail to the e-mail address indicated by the Renter.
57 Information on the processing of personal data, to the extent to which the Renter processes data revealed during the use of the Car
is contained in a separate information clause, which is provided to
the Renter. Furthermore, the Hirer undertakes to familiarise himself with this document
persons driving and/or using the Car, if
Final provisions
60. Any amendments to the Agreement must be made in writing under pain of
nullity, unless the Agreement or the Terms and Conditions expressly provide
otherwise.
(61) The parties undertake to immediately notify each other of any change of
delivery address, including e-mail addresses, under pain of
declarations and letters sent to the previous addresses being deemed
delivered.
62 In the event that the Renter is a consumer or a natural person
entering into an agreement directly related to his/her business activity,
when the content of the agreement indicates that it is not of a
professional nature for that person, resulting in particular from the subject of his/her business activity
made available on the basis of the provisions of
on the Central Register and Information on Business Activity, he/she has the right
to withdraw from the Agreement within 14 days without giving
reasons and incurring costs, with the exception of the obligation to pay for
services fulfilled until the withdrawal from the Agreement. The consumer may
withdraw from the Contract in a documentary form by completing and sending
a form found on the website of the Lessor or
by making an unequivocal statement of withdrawal. In the case of
fulfilment by the Lessor of a service covered by the Contract, the right to
withdraw from the Contract is not entitled.
63 The Lessor shall be liable to the Lessee for the performance of
and/or due performance of the Contract under the general rules set forth in
Civil Code.
64) Any disputes arising out of or in connection with the content or performance of
of the Agreement shall, in the case of entrepreneurs, be resolved by
of the common courts with jurisdiction over the Lessor's registered office.
65 Complaints should be addressed to the Lessor's address indicated in point 1
of the Regulations or by e-mail: [email protected]. A complaint will be
considered within 14 days of receipt by
of the Lessor, and the Lessee will be informed of the manner in which the complaint was considered
in the form in which the complaint was received. Complaints may
be submitted within 7 days of the occurrence of the event. In the case of
consumers, the deadlines and conditions resulting from the general regulations shall apply.
66 The Rules and Regulations are effective as of 01.11.2023. The introduction of the new
Rules and Regulations will cause the expiration of the existing Rules and Regulations. The provisions
of the hitherto Rules and Regulations will apply to
Contracts where a booking was made before the date of
entry into force of the new Rules and Regulations.
