§ 1
GENERAL PROVISIONS:
- These General Terms and Conditions of Rental (hereinafter referred to as GTCs) define the rights and obligations of the parties to the agreement, the subject of which is the provision by GB Rent sp. z o.o. with its registered office in Poznań (61-044), at ul. Mogileńska 50, registered in the National Court Register kept by the Distric t Court - Poznań Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under the KRS number 0000422694, holding NIP number: 7822550049, REGON number: 302128189 (hereinafter: Lessor) to use for a definite period of time for the benefit of a customer (hereinafter: Lessee) a vehicle specified in the rental agreement (hereinafter: Rental Agreement).
- The T&Cs shall apply to all Vehicle Rental Agreements, unless otherwise specified in the Rental Agreement.
- In the event of a conflict between the GTC and the Lease Agreement, the parties shall be bound by the provisions of the Lease Agreement.
- Whenever the OWN refers to:
- Renter - it should be understood as a party to the vehicle rental agreement concluded with the Lessor within the framework of the Lessor's Vehicle Rental Service, other than the Lessor or a person who made a Vehicle Reservation through the www.gbrent.pl website or otherwise;
- User - it should be understood as the Renter, as well as any other natural person whom the Renter indicated in the rental agreement as the person authorized to drive the vehicle;
- Documentary form - it should be understood as the documentary form as defined in the Civil Code (Articles 772 - 773 of the Civil Code), including in particular documents in written form, SMS, email, or a recording of a telephone conversation;
- Additional fees - it is understood as a statement of fees from 5 paragraph 4 item 1) of the GTC.
- Other costs - means the statement of costs from 5(4)(2) of the GTC.
- Business Day - a day other than Saturday, Sunday and other than a public holiday;
- Reservation - a statement of intent of the Lessee made by means of the Reservation Form, by telephone, electronically (via e-mail) or at the branch where the Lessor operates and aimed directly at concluding the Agreement with the Lessor;
- Cost estimate - an independent calculation of the cost of vehicle repair based on the manufacturer's standards, taking into account, in particular, the cost of parts to be repaired or replaced and the cost of working hours needed to carry out repairs.
§ 2
THE LESSEE AND PERSONS AUTHORIZED TO DRIVE THE VEHICLE
- The lessee of a vehicle may be a natural person, a legal person or an organizational unit without legal personality, to which the law grants legal capacity (a deified legal person).
- The lessee of the vehicle who is an individual on the date of the lease agreement must meet the following requirements together:
- Has completed 21 years of age,
- has held driving privileges for at least one year, and in particular has not been deprived of driving privileges by an authorized authority, and moreover, there are no proceedings pending against him that could lead to the deprivation of his driving privileges,
- has a valid ID card or other valid document proving identity (such as a passport),
- Has a valid document confirming the right to drive a vehicle (e.g., a driver's license).
- The Lessee who is a natural person is obliged to present to the Lessor for the purpose of concluding the Rental Agreement and releasing the vehicle:
- ID card or other valid document proving identity (e.g. passport),
- A document confirming the authority to drive a vehicle (e.g., a driver's license),
- certificate of registration in the CEiDG - in case he enters into the contract as an entrepreneur,
- if the person signing the agreement on behalf of the Tenant acts as a proxy/authorized person - proof of authorization to conclude the lease agreement (e.g., power of attorney), except when the authorization follows from the content of the document referred to in item 3) above.
- The Lessee who is a legal entity or a crippled legal entity is obliged to present to the Lessor for the purpose of concluding the Rental Agreement and releasing the vehicle:
- information corresponding to a current copy of the Register of Entrepreneurs of the National Court Register or other relevant register, from which current data on the Tenant's representation can be obtained,
- if the person signing the agreement on behalf of the Tenant acts as a proxy/authorized person - proof of authorization to conclude the lease agreement (e.g., power of attorney), granted in accordance with the rules of representation arising from the Register of Entrepreneurs of the National Court Register or other competent register from which current data on Tenant's representation arise, except when the authorization arises from the content of the document referred to in item. 1) above.
- The vehicle subject to the Rental Agreement may only be driven by:
- A tenant who is an individual,
- the person indicated in Exhibit 2 to the Lease Agreement (hereinafter: User) who meets the requirements referred to in Section 2 above.
- In the event of an intention to authorize another person to use the vehicle, the Lessee is obligated to apply to the Lessor, under the terms of par. 1 paragraph 4 of the Rental Agreement, for consent in this regard, submitting the relevant documents referred to in item 3 above.
- The Renter shall be responsible for the vehicle and for the acts and omissions of the User from the moment the vehicle is delivered to him/her based on the concluded Rental Agreement, in particular for the User's compliance with the provisions of the Rental Agreement and the GTCs. If the Rental Agreement is concluded by more than one Renter, their responsibility is joint and several. The Renter is obliged to inform the User about the content of the provisions of the GTCs and the Rental Agreement with respect to the Renter's obligations and rules of behavior in case of an accident or vehicle breakdown.
- The provisions of these T&Cs and the Rental Agreement pertaining to the Renter shall apply mutatis mutandis to the Vehicle User.
- In the event that the Lessee who is an individual or a User is found not to meet the requirements indicated in item 2 above, the Lessor shall be entitled to refuse to conclude the Rental Agreement or to terminate it with immediate effect.
§ 3
CONCLUSION OF THE LEASE AGREEMENT. DURATION OF THE RENTAL AGREEMENT. TRANSFER OF THE VEHICLE.
- The Lessor and Lessee shall conclude the Rental Agreement and complete and sign the vehicle handover protocol in written form under pain of nullity. By written form, the Lessor and the Lessee shall also mean the submission of signatures to the document (including the agreement, the protocol) on a tablet or other similar mobile device with a biometric layer and with the appropriate software installed. The documents referred to in the first sentence, together with the T&C document, shall constitute the content of the Lease Agreement.
- By signing the documents referred to in paragraph 1 above, the Lessee declares that he has familiarized himself with their contents.
- The course of the rental period begins from the date specified in the rental agreement or from the date of transfer of the vehicle indicated in the vehicle transfer protocol. In case of different dates, the course of the rental period starts from the earlier date.
- The vehicle being the subject of rental is handed over to the Renter in a state of technical efficiency, clean, without visible damage, with a set of documents necessary for its use and one set of keys (and/or remote control) and refuelled, which the parties are obliged to confirm by signing the protocol of handing over the vehicle. Any remarks, reservations as to the condition of the vehicle the Lessee is obligated to report to the Lessor as soon as possible after noticing them.
§ 4
OBLIGATIONS OF THE LESSEE
- The Lessee shall pay to the Lessor the rent, additional charges, other costs and other amounts due in the amount and according to the terms indicated in the Rental Agreement and these GTCs.
- The Lessee agrees to use the vehicle made available to him under the Rental Agreement with due care and to return it in the condition in which it was at the time of its issuance, together with a set of received documents, keys (and/or remote control) and equipment, taking into account normal wear and tear.
- The Lessee undertakes to use the vehicle in the manner specified in the Rental Contract and corresponding to the characteristics and intended use of the vehicle, in accordance with the Lessor's instructions and directions and furthermore undertakes to:
- comply with the laws of the country and the specific area where the vehicle is used, in particular, traffic laws and local laws,
- carry valid documents as required by traffic control in the country and in the specific area where the vehicle is used (including, but not limited to, a valid and honored in the territory of the relevant country driver's license, registration certificate, third-party liability policy or proof of premium payment, certificate of vehicle rental),
- securing the vehicle and its equipment against theft (locking the car, turning on all anti-theft devices, prohibition of leaving the registration card in the vehicle, careful storage of vehicle registration documents). If the vehicle is not in use, the Renter agrees to leave it in a guarded parking lot or on a fenced property; the cost of parking and storage shall be borne entirely by the Renter; it is forbidden to leave documents, keys, as well as the player panel, satellite navigation, if any, in the vehicle;
- Performing, at its own expense and at its own expense, the current maintenance of the vehicle (checking and replenishing oils, fluids, tire pressure, checking and possible replacement of light bulbs), in particular, the use of fuel appropriate for the type of engine, indicated in the vehicle registration certificate and in the technical documentation of the vehicle,
- Keeping the vehicle properly clean,
- pay, at his own expense, fines and other fines, highway and other tolls for the use of road infrastructure, fees for parking the vehicle and additional fees for non-payment of the aforementioned fees, as well as all private and public law debts arising from the use of the vehicle, unless the Renter demonstrates that he or the User is not responsible for the obligation to pay such amounts. The Lessee shall be obligated to return to the Lessor the amounts that the Lessor paid for the Lessee on account of the obligations of the Lessee specified in the preceding sentence, and to return all costs that the Lessor incurred for providing information to the competent authorities regarding the person obligated to pay the amounts referred to in the preceding sentence, if they result from the use of the vehicle in a manner contrary to the Rental Agreement or the GTC, or in a manner contrary to applicable laws.
- It is forbidden to use the vehicle contrary to its purpose or in violation of the law, in particular:
- Taking part with the vehicle in competitions and races,
- Using the vehicle on an unpaved road or terrain,
- Carrying corrosive, dirty, sharp-edged or other materials with the vehicle that may cause corrosion, destruction, damage or soiling of any car components,
- Driving under the influence of alcohol, drugs or other intoxicants,
- Towing of other vehicles with a rented vehicle,
- Exceeding the permissible load capacity of the vehicle,
- Carrying more than the permitted number of passengers in the vehicle,
- the introduction with the vehicle into the customs territory of the Community or the removal outside the customs territory of the Community of goods prohibited by the laws of individual countries,
- Smoking tobacco products, electronic cigarettes in the vehicle,
- alcohol consumption,
- drug use,
- Make any alterations or other changes to the vehicle without the Lessor's consent,
- Carrying animals in the vehicle,
- Traveling with the vehicle outside the borders of the Republic of Poland without the written consent of the Lessor, in particular, it is forbidden to enter the following countries with the vehicle: Russia, Ukraine, Belarus, Moldova, Serbia, Bosnia and Herzegovina and other countries that are not members of the European Union,
- removing or obscuring markings on the vehicle, including the Lessor's company markings, unless the Lessor agrees in writing under penalty of payment of additional fees in the amount indicated in § 5(4) of the GTC.
- Subject to Paragraph 3(3) of the Rental Agreement, the Lessee is not authorized to perform maintenance, repairs and improvements to the leased vehicle, including the installation of additional equipment in the vehicle.
- In the event of a breakdown or detection of a defect in the vehicle, the Lessee is obligated to immediately notify the Lessor of this fact in electronic form to the Lessor's e-mail address indicated in the rental agreement's compilation and by telephone to the number indicated in the rental agreement's compilation, in order to obtain the Lessor's position. If the breakdown or malfunction may pose a threat to traffic safety or may lead to damage to the vehicle, it is prohibited to continue further driving. In case of inability to restore the vehicle to technical efficiency, the Lessor is obliged to issue another vehicle to the Lessee. The Lessor is not responsible for damage to the Lessee resulting from a malfunction or failure of the vehicle.
- In the event of damage to the vehicle, the Renter is obliged in each case, immediately report the damage to the vehicle to the Lessor in electronic form to the Lessor's e-mail address indicated in the rental agreement compary and by telephone to the number indicated in the rental agreement compary, in particular, in the event of participation of the vehicle in a traffic incident, including any collision, the Renter is obliged:
- notify the Lessor immediately of the location and progress of the incident,
- call the police to the scene and obtain from them binding information relevant to the claim,
- obtain a statement of the participants in the event, appropriate to the circumstances, in the case of fault on the part of another participant, obtain the data necessary to report the damage (among other things: the name of the insurance company, policy number),
- secure Vehicle,
- Provide all collected information to the Lessor.
- The obligations listed in paragraph 7(a), (b) and (e) above apply in the case of theft of the Vehicle. In addition, the Lessee is obligated to return the keys and documents of the vehicle to the Lessor immediately, no later than within 24 hours of the discovery of the theft.
- The Lessee acknowledges that failure to fulfill the obligations listed in paragraphs 7 and 8 above may result in the inability to report the damage and the refusal of the competent insurance company to pay compensation to the Lessor, which gives rise to the liability listed in these T&Cs.
- Any damage to the vehicle reported/identified in the Acceptance Protocol will result in charging the Lessee with a contractual penalty under the terms described in § 6 paragraphs 2-9 of these GTCs.
- The lessee, in the event of vehicle breakdown or damage, is entitled to a replacement vehicle only if the vehicle was the subject of a long-term rental agreement (with respect to short-term rental agreements, a replacement vehicle is not entitled) for the period and under the conditions described below:
- in the case of damage liquidated from the OC of the perpetrator (damage through no fault of the Renter) - the substitute vehicle is entitled for the period of repair, but not longer than the period indicated by the insurer, confirmed by a guarantee of payment from the insurer,
- in the case of damage liquidated from AC (damage due to the fault of the Renter) - a substitute vehicle is entitled for the period of repair, but no longer than for a period of 5 calendar days, unless otherwise agreed by the parties,
- In the event of a vehicle breakdown - a replacement vehicle is entitled for the period of repair, but no longer than for a period of 5 calendar days, unless otherwise agreed by the parties,
- in the case of a vehicle defect that is repaired under warranty - a replacement vehicle is entitled for the duration of the repair, but no longer than for a period of 5 calendar days, unless otherwise agreed by the parties,
- in the case of periodic service, technical inspection, tire replacement - a replacement vehicle is entitled for the duration of the service, but no longer than for a period of 24 hours,
- The Lessee has no right to give the vehicle to a third party for subletting or free use. Violation of the prohibition referred to in the preceding sentence is associated with the obligation to pay an additional fee, in the amount indicated in § 5 paragraph 4 item 1) of the GTC.
- In the case where the Renter is an entrepreneur, the Lessor or any other person authorized by the Lessor has the right to inspect during business hours the Renter, the use and condition of the vehicle, and the Renter is obliged to allow the inspection.
- The Lessor shall not be responsible for any damage caused to the Lessee or third parties, or for the loss of the vehicle or its components, in the event that the said damage/loss of the vehicle is caused as a result of the Lessee's violation of the obligations listed in this section, the other provisions of the T&Cs or the provisions of the Rental Agreement.
- Any violations of the law involving the Vehicle, including violations resulting in charges against the owner of the Vehicle during the rental period, shall be the responsibility of the Renter. In the case of an authorized entity turning to the Lessor with a request to provide the data of the vehicle user at the time of the violation of the law involving the vehicle, the Lessor will provide to this entity the data of the Renter and the data of the persons indicated in Appendix No. 2 to the Rental Contract, to which the Renter unconditionally agrees. In such cases, the Lessee shall reimburse the Lessor for the cost of handling the charge calculated according to the principles set forth in 5 paragraph 4 of the GTC. In the event that the Lessor receives a letter from a competent authority, which will imply an obligation to pay the charges referred to in this section, the Lessor will immediately summon the Lessee in writing, by telephone or by e-mail to pay these charges. The summons will be accompanied by an invoice covering the cost of handling the charge.
§ 5
FEES
- Due to the use of the vehicle based on the provisions of the concluded Rental Agreement, the Renter shall bear the following costs:
- Rent - in the amount and on the dates indicated on the invoice,
- advance payment of rent under the Lease Agreement, if requested by the Landlord - on the date of execution of the Lease Agreement,
- refundable deposit, if requested by the Landlord - on the date of execution of the Rental Agreement,
- related to the operation of the vehicle during the rental period, in particular the cost of fuel, lubricants and process fluids, fees and other burdens according to the content of § 4 3 item 4 of the GTC,
- Additional fees and other costs associated with the Lease Agreement.
2 Rent
- The tenant shall pay the rent in the amount and on the dates indicated in the invoice, no later than 14 days from the date of the invoice.
- Rent is calculated from the beginning of the rental period as defined in § 3(3) of the GTC.
- A delay in the return of the vehicle exceeding 1 hour of the agreed term will result in the charging of rent for each additional day, unless the Renter is not at fault for the delay. The invoice for the period of non-contractual use will be issued no later than the end of the month in which the vehicle was returned by the Lessee / recovered by the Lessor. The fee for delayed return of the vehicle calculated in this manner does not exclude the Lessor's right to charge the one-time contractual penalty referred to in § 7 paragraph 6 of the GTC.
- The rent paid by the Renter in accordance with the provisions of the Vehicle Rental Agreement takes into account third-party motor insurance and AC insurance.
3. refundable deposit
- At the latest at the time of release of the vehicle, the Lessor may obligate the Lessee to pay a refundable deposit in a specified amount in order to secure any claims of the Lessor for rental rent, additional fees and/or other costs referred to in § 5 section 4 of the GTC and/or contractual penalties related to damage to the vehicle or termination of the Agreement due to the fault of the Lessee with immediate effect and other claims for damages referred to in § 6 of the GTC.
- The Tenant shall pay the security deposit to the Lessor's bank account indicated in the Rental Agreement, in cash at the Lessor's cashier's office or by using a payment card. The amount of the deposit paid by the Tenant in cash at the cashier's office or using a payment card shall be immediately credited by the Lessor to the bank account referred to in the preceding sentence.
- The Lessor shall be entitled to cover from the paid deposit the Lessee's arrears of rental rent, additional charges and/or other costs referred to in § 5 section 4 of the GTC and/or contractual penalties related to damage to the vehicle or termination of the Contract due to the fault of the Lessee with immediate effect and other claims for damages referred to in § 6 of the GTC. The above does not exclude the possibility of the Lessor to claim from the Lessee the receivables resulting from the Rental Agreement exceeding the value of the deposit.
- After each settlement of the rental agreement arrears with the value of the deposit paid, the Tenant will receive a notice from the Landlord to the Tenant's e-mail address indicated in the compary of the rental agreement about the settlement made. The notice will indicate the basis on which the settlement was made, e.g., the details of the VAT invoice/accounting note and the amount of the settlement.
- If the Rental Agreement is properly executed and the vehicle is returned in accordance with it, the deposit will be returned to the Renter within 14 days in an amount corresponding to the nominal value of the amount paid. The deposit will be returned on the basis of a written or e-mailed instruction/statement from the Renter requesting the return of the deposit to the bank account number indicated in said statement. If the deposit was paid by bank transfer, the deposit will be returned to the bank account from which the deposit was paid.
4 Additional fees and other costs:
- The landlord charges the tenant an additional fee for:
The event giving rise to the additional charge |
The amount of the net additional fee |
Gross amount of additional fee |
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Exceeding the upper mileage limit indicated in the lease agreement |
rate per 1 km 0,19 to 0,49 PLN - indicated in detail in the lease agreement |
rate per 1 km 0,23 to 0,60 PLN + VAT - detailed in the rental agreement |
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Increasing the daily kilometer limit by 100 km/per day depending on the class of vehicle:
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Restoration of the vehicle to the state of cleanliness at the time of release of the vehicle (exterior washing and cleaning) |
PLN 50.00 |
PLN 61.50 |
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Restoration of the interior of the vehicle to the state of cleanliness at the time of release of the vehicle (soiling with non-permanent stains on the seats, upholstery or in the trunk) |
PLN 250.00 |
PLN 307.50 |
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granting permission to return the vehicle outside of the Lessor's business hours or returning the vehicle outside of the Lessor's business hours despite the Lessor's lack of consent |
PLN 100.00 |
PLN 123.00 |
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granting permission for the vehicle to travel abroad /each started day of use of the vehicle abroad without obtaining permission |
PLN 200.00 one time |
246.00 PLN one time |
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cancellation of the rental agreement up to 24 hours before the date of release of the vehicle |
200,00 |
PLN 246.00 |
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Handling of charges related to violations of traffic laws and other laws / regulations - per incident (broken down by charge amount) |
A) PLN 200.00 if the perpetrator is named B) PLN 200.00 + the amount of the fine at the time of incurring the cost by the Lessor |
A) 246,00 zloty in the case of naming the perpetrator B) 246.00 PLN + the amount of the fine at the time of incurring the cost by the Lessor |
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Granting permission to return the vehicle to a location other than the one specified in the Rental Agreement, |
PLN 200.00 + PLN 2.00 per km from the nearest branch office |
246,00 PLN + 2,46 PLN per km from the nearest branch office |
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granting permission for an additional driver to use the vehicle |
PLN 10.00 per day |
PLN 12.30 per day |
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damage, loss, loss of vehicle keys or vehicle remote control |
PLN 2,000.00 |
PLN 2,460.00 |
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damage, loss, loss of vehicle documents |
PLN 500.00 |
PLN 615.00 |
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loss, loss of vehicle insurance policy |
PLN 100.00 |
PLN 123.00 |
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damage, loss, loss of vehicle license plate or vehicle window registration sticker |
PLN 1,000.00 (per case) |
PLN 1,230.00 (per case) |
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Violation of the ban on smoking in the vehicle |
PLN 500.00 (per case) |
PLN 615.00 (per case) |
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Driving a vehicle at speeds above 150 km/h |
PLN 300.00 (per case) |
PLN 369.00 (per case) |
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Violation of the ban on carrying animals in the vehicle |
PLN 200.00 (per case) |
PLN 246.00 (per case) |
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causing the Renter to void the vehicle warranty |
PLN 2,500.00 (per case) |
PLN 3,075.00 (per case) |
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Filling the vehicle with the wrong type of fuel |
500,00 PLN + repair costs |
615,00 PLN + cost of repair |
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Disassembly, replacement of vehicle parts or assembly, alteration of vehicle parts without the Lessor's consent |
PLN 2,500.00 (per case) |
PLN 3,075.00 (per case) |
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Rendering the vehicle for hire or free use without the written consent of the Lessor |
PLN 2,500.00 (per case) |
PLN 3,075.00 (per case) |
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Traveling with the vehicle outside the borders of the Republic of Poland without the written consent of the Lessor |
PLN 2,500.00 (per case) |
PLN 3,075.00 (per case) |
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Return of the vehicle with less fuel than that indicated on its release |
75% - PLN 200.00 50% - 300,00 zł 25% - PLN 400.00 0% - PLN 500.00 |
75% - PLN 246.00 50% - 369,00 zł 25% - PLN 492,00 0% - PLN 615.00 |
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equipping the vehicle with a child seat |
PLN 50.00 per item at a time. |
PLN 61.50 apiece. |
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equipping the vehicle with a baby pad |
PLN 50.00 per item at a time. |
PLN 61.50 apiece. |
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Removal of the obligation to pay the contractual penalty referred to in § 6(2) of the GTC in an amount depending on the class of vehicle:
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- The tenant will be charged the remaining costs:
- related to the Lease Agreement, in particular:
- All costs associated with the Lessor's recovery of the vehicle, including the cost of towing the vehicle,
- the cost of the actual repair of the vehicle incurred during the term of the Rental Agreement by the Lessor or the cost of repairing the vehicle calculated on the basis of the Repair Cost Estimate, in the part not covered by the vehicle's insurer.
- of non-contractual use of the vehicle calculated for each day of delay in returning the vehicle and twice the daily rate indicated in § 4 section 1 of the rental agreement.
- related to the Lease Agreement, in particular:
- The surcharge and other costs will be shown in a separate invoice or in the invoice for rent for the billing period associated with the occurrence of one of the events described in paragraph 2) a. and b. above, related to their accrual and will be payable at the time indicated in the invoice, no later than 14 days from the date of the invoice.
§ 6
VEHICLE INSURANCE. LESSEE'S LIABILITY. CONTRACTUAL PENALTIES
- The vehicle that is the subject of the rental agreement has third party liability, AC and accident insurance. The Renter declares that he has familiarized himself with the terms of the insurance and is aware of the contractual obligations, in particular the deadline and scope of the damage report. In particular, the Renter is aware that the insurance coverage does not include, among other things, damages in the event of: fleeing the scene of the accident, making a false statement as to the place, time, circumstances and causes of the damage, driving the vehicle while under the influence of alcohol or the use of drugs or psychotropic drugs, and without a valid driver's license. The Lessee is further aware that the insurance coverage does not include theft of the vehicle in the event that the keys and/or documents of the vehicle are not returned to the Lessor and in the event that the vehicle is not properly secured against theft and burglary.
- In the event of damage on the part of the Lessor resulting from damage to the vehicle, regardless of whether the damage to the vehicle occurred during the use of the vehicle by the Lessee based on the provisions of the Rental Agreement, after the termination of the Rental Agreement (expiration of the period for which the Rental Agreement was concluded, agreement of the parties on the termination of the Rental Agreement), or after termination of the Rental Agreement by the Lessor with immediate effect, and regardless of whether and to what extent the Renter contributed to the damage, the Renter is obligated to pay to the Lessor a contractual penalty on each reported and/or identified by the Rental Acceptance Protocol damage to the vehicle in an amount depending on the class of the rented vehicle, according to the following table:
Description Class |
Contractual penalty |
B - CITY |
PLN 2,000.00 |
C - CROSSOVER |
PLN 3,000.00 |
S - SUV.SMALL |
PLN 3,000.00 |
C - CROSSOVER.A |
PLN 3,000.00 |
C - COMPACT |
PLN 3,000.00 |
C - COMPACT.A |
PLN 3,500.00 |
C - CROSSOVER.V |
PLN 5,000.00 |
C - PREMIUM.M |
PLN 3,500.00 |
C - PREMIUM |
PLN 4,000.00 |
D - PREMIUM |
PLN 4,000.00 |
D - AVERAGE.M |
PLN 4,000.00 |
D - AVERAGE |
PLN 4,000.00 |
D - AVERAGE.A |
PLN 4,000.00 |
S - SUV.LARGE.V |
PLN 8,000.00 |
S - SUV.MEDIUM.V |
PLN 8,000.00 |
E - HIGHER.M |
PLN 8,000.00 |
E - HIGHER |
PLN 8,000.00 |
S - Premium SUV |
PLN 4,000.00 |
S - SUV.LARGE |
PLN 4,000.00 |
S - SUV.MEDIUM.A |
PLN 4,000.00 |
S - SUV.MEDIUM |
PLN 4,000.00 |
V - VAN.MINI |
PLN 4,000.00 |
V - VAN.MEDIUM |
PLN 4,000.00 |
V - VAN.VANY |
PLN 4,000.00 |
X - SUPPLIES |
PLN 4,000.00 |
X - TERRITORIAL |
PLN 4,000.00 |
- The class of vehicle on which the amount of the contractual penalty depends in accordance with paragraph 2 above is indicated each time in § 1 paragraph 1 of the Rental Agreement.
- The Lessee is obligated to pay to the Lessor the contractual penalty referred to in item 2 above regardless of the amount of the Lessor's actual damage and regardless of the amount of compensation received by the Lessor from the vehicle's insurer.
- The contractual penalty referred to in paragraph 2 above shall be due to the Lessor on each separate damage arising from each separate damage event.
- In the event that the contractual penalty, imposed in accordance with the contents of paragraphs 2-5 above, is related to the damage to the vehicle, which was identified in the Acceptance Protocol drawn up in the situations described in 7 paragraph 9 of the GTC or the protocol drawn up in the cases referred to in § 8 paragraph 2 of the Lease Agreement, the Lessee will be obligated to pay 2 times the contractual penalty specified in paragraph 2 above.
- If, resulting from the Repair Cost Estimate prepared by the Lessor, the extent of the damage, as determined by the Lessor after the termination of the Rental Contract, in situations referred to in § 7 section 9 of the GTC, or during the preparation of the acceptance protocol in cases referred to in § 8 section 2 of the Rental Contract, related to damage to the vehicle significantly (twice) exceeds the amount of the contractual penalty specified in section 6 above, the Lessee will be obligated to compensate the damage on general terms, up to its full amount.
- Notwithstanding the liability set forth in this section of the T&Cs, the Lessee shall pay contractual penalties for breach of non-monetary contractual obligations indicated in the Lease Agreement.
- Consumers shall be liable for payment of contractual penalties referred to in these GTCs and the Rental Agreement if the damages specified are due to their fault, which shall be understood as both intentional and unintentional fault, including gross negligence.
§ 7
LEASE TERMINATION. RETURN OF THE VEHICLE
- The Lessee is obligated to return the vehicle to the Lessor at the place and date indicated in the Rental Contract or in the Lessor's statement of termination of the Contract with immediate effect. Return of the vehicle in a place other than that indicated in the preceding sentence, chosen by the Renter from among the places indicated in Appendix No. 1 to these GTCs, is possible only in the case of notification by the Renter to the Lessor in writing or electronically to the Lessor's address indicated in the Contract's comparsion of the Renter's will to return the vehicle in this place at least 3 days before the date of return of the vehicle specified in the Contract or in the notice of termination of the Contract, and obtaining in writing or via e-mail to the Renter's address indicated in the Contract's comparsion of the Lessor's consent to return the vehicle in the place indicated by the Renter. The Renter is obligated in such case to pay an additional fee in accordance with the content of § 5 paragraph 4 item 1) of the GTC.
- Prolongation of vehicle rental is possible only in the event that the Renter notifies the Lessor in writing or via e-mail to the Lessor's address indicated in the Contract's comparation of the Rental Agreement of the Renter's desire to extend the rental at least 24 hours before the vehicle return date specified in the Contract and obtains the Lessor's documented consent to extend the Rental Agreement.
- The vehicle at the time of surrender must be in an undamaged condition, with the amount of fuel with which the vehicle was issued to the Hirer, clean, with documents and equipment issued, under penalty of charging the Hirer additional fees in accordance with the content of § 5 paragraph 4 point 1) of the GTC.
- In the event of a delay by the Lessee in returning the vehicle, within the time limit referred to in § 2 section 1 of the Rental Agreement, the Lessor shall send the Lessee, in writing and/or via e-mail to the address indicated in the compartition of the Rental Agreement, a summons to return the vehicle.
- In the event that the Renter fails to return the vehicle within the time limit specified in accordance with the contents of paragraph 4 above, the Lessor shall take all actions provided by law aimed at forcible collection of the vehicle, in particular may:
- notify the relevant authorities of the suspected crime of vehicle misappropriation and/or refer the case for vehicle surrender to the courts,
- cut off the fuel supply and thus prevent the vehicle from moving,
- enter the premises to which the Lessee holds legal title in order to pick up the vehicle, including through authorized third parties.
The Lessee will be charged with all costs related to the Lessor's recovery of the vehicle, including the cost of towing the vehicle and the cost of non-contractual use of the vehicle, in accordance with the contents of § 5.4.2) of the GTC.
- On the day following the date of ineffective expiration of the deadline set for the Renter to return the vehicle - indicated in the summons addressed to him or in the statement of termination of the Agreement due to the fault of the Renter with immediate effect, the Lessor shall charge the Renter with a one-time contractual penalty in the amount of 5000.00 PLN (in words: five thousand zlotys 00/100), based on an accounting note issued and sent to the Renter, via e-mail to the address indicated in the compary of the Rental Agreement. Payment of the contractual penalty referred to in the preceding sentence shall not affect the Renter's obligation to pay the remaining costs, including those related to the recovery of the vehicle by the Lessor, referred to in paragraph 5 above.
- The condition of the vehicle at the time of return is determined in the protocol of acceptance. The findings of the protocol of acceptance of the vehicle are binding on the Parties.
- The acceptance of the vehicle may take place with the participation of the Lessor only in the following cases:
- abandonment of the vehicle by the Lessee,
- Forced repossession of the vehicle in the cases listed in the Rental Agreement or GTC,
- return the vehicle outside of the Lessor's business hours or to a location other than that specified in the Rental Agreement.
- The acceptance protocol in the cases listed in paragraph 8 above, confirming receipt of the vehicle by the Lessor, shall be drawn up at the earliest possible time for the Lessor. The acceptance protocol shall be sent to the Lessee in writing or via e-mail to the Lessee's address indicated in the comparsion of the Rental Agreement.
§ 8
FINAL PROVISIONS
- If the Rental Agreement or the T&Cs imply a deadline for the Lessee to pay certain dues, the Lessee shall pay them on the dates indicated in the VAT invoice or accounting note issued by the Lessor.
- The Lessee represents that he has read the Lease Agreement and the GTCs and fully accepts all of their terms and conditions, and that he has received the GTCs prior to entering into the Lease Agreement, which he has confirmed by his own signature on the submitted document, on a tablet or other similar mobile device with a biometric layer and with the appropriate software installed, or that he has received the contents of the GTCs in electronic form at the email address he has indicated.
- The Lessor is not responsible for items left or transported in the vehicle by the Lessee. The Lessor shall be entitled, after ineffective summons of the Lessee to collect the items left or transported in the vehicle, to destroy the said items at the expense and risk of the Lessee.
- Any disputes arising from the execution of the Rental Agreement will be settled by the Court having jurisdiction over the registered office of the Lessor. The provision does not apply to contracts concluded with consumers within the meaning of the Civil Code.
- The Landlord shall inform the Tenant of any changes to the GTCs via e-mail sent to the Tenant's address indicated in the lease agreement's compact. The Lessee, in the event that it does not agree to the change of the T&Cs, is entitled, within 7 days from the date of receipt of the notice from the Lessor, to declare in writing that it does not accept the change of the T&Cs. In such a situation, the Agreement shall be terminated within 7 days from the date of receipt by the Lessor of the Lessee's statement of non-acceptance with respect to the change in the GTCs. The Renter is obliged to return the Car on the date of termination of the rental agreement. If the Renter does not object to the changes in the T&Cs, the changes shall be effective as of the 8th day from the day of receipt by the Renter of the information from the Lessor, pursuant to the first sentence of this paragraph.
- The parties may amend the Rental Agreement in writing or electronically by exchanging e-mails to the addresses of the parties indicated in the comparsion of the Rental Agreement. With respect to the statements of the parties to the Rental Agreement regarding extension of the term of the Rental Agreement, termination of the Rental Agreement or termination of the Rental Agreement with or without notice with immediate effect, the Landlord and the Tenant agree to the written form or the electronic form in the form of sending an e-mail with the statement of intent to the e-mail address of the other party indicated in the comparsion of the Rental Agreement.
- To the extent not regulated by these GTCs and the lease agreement, the provisions of generally applicable law shall apply.
- These GTCs are effective as of 09.01.2023.