Car rental Wrocław Poznań

Detailed Terms of Car Rental

&1 Subject of Contract

1. The Lessor declares being the owner of the car brand FIAT DUCATO described within the rental contract (item 1), hereinafter referred to as the vehicle.
2. The Lessor declares that the vehicle is free of any legal defects, is fully functional, undamaged (there is no damage visible to the naked eye) as well as is fully equipped with a complete first-aid set, fire extinguisher, two emergency triangles, a cigarette lighter, an emergency jacket, CD radio, four fixing belts, four anchors, a spare wheel, a toolbox for wheels and a jack.
3. The Lessor gives into rental, and the Lessee takes into rental the above-listed vehicle fully insured on terms and for the period specified within the "rental contract". The transfer of the vehicle shall be done by means of signing a car rental contract by the parties.
4. The Lessor declares that the car has full insurance in terms of the OC, AC and NW insurance valid in the Republic of Poland and countries of the European Union, to which no limitations of traveling apply according to the stipulations of the contract. The insurance shall apply according to the insurance policy from civil responsibility only to persons, who use the car with the Lessor's consent. A confirmation of concluding a civil responsibility insurance contract is attached to the car's documentation. Traveling outside the borders of the Republic of Poland is possible after acquiring an authorization of the Lessor and after the Lessee purchases, at own expense, an additional insurance valid in the territory of every country, in which the car will be used.
5.The Lessor shall not be liable for any malfunctions of the car outside the borders of the Republic of Poland. In the case of an attempt to leave the borders of the Republic of Poland without a written consent of the Lessor, the Lessee is obliged to pay the contractual penalty in the amount of five rental fees.
6. In the case the Lessee identifies any defects, damage or shortcomings he is obligated to enter them into the transfer protocol as his remarks. No such entries shall mean that any such damage or shortcomings are caused by the Lessee and he shall be liable for them on terms described within the "Rental contract".
7. From the moment of transfer of the vehicle, the Lessee is fully responsible for it.
8. The Lessor may refuse rental without giving the cause.

§2 Terms of rental

1. The car will be transferred by the Lessor to the Lessee in Wrocław, at the company's seat, and the car shall be returned to the company's seat after the rental period is expired.
2. The Lessee, before starting usage of the vehicle, is obligated to familiarize himself with the vehicle's manual. He additionally is obligated to use the vehicle according to the above-listed instructions and regulations of "road traffic law" and Polish law.
3.It is forbidden to transport or travel with the vehicle to the territory of the following countries: Russia, Lithuania, Belorussia, Ukraine, Latvia, Estonia, Romania, Moldavia, Serbia, Croatia, Slovenia, Bosnia, Herzegovina as well as any other non-European countries.
4.It is forbidden for the vehicle to travel within the 50 km from the border with Russia, Lithuania, Belorussia, Ukraine, under the penalty of immobilizing the vehicle and informing the police and other prosecution agencies.
5. The Lessee does not have to right to dispose of the vehicle nor set on it any rights in aid of any third persons, including transferring the vehicle to third persons. Only the persons indicated in the "rental contract" are authorized by the Lessor to use the vehicle.
6. The Lessor categorically forbids smoking tobacco in the vehicle, drinking beverages and eating meals and the Lessee accepts the aforementioned fact.
7. The Lessee is obligated to maintain the car, at own expense, in a clean and neat state, both on the inside and outside, and to return the vehicle in such a state to the Lessor after the rental period expires.

The Lessee cannot:

Drive the car under influence of drugs or other intoxicating agents or agents which distort the awareness.
Take part, with the use of the vehicle, in competitions or races or trainings for such races.
Use the vehicle for driving lessons.
Use the car for driving in unhardened roads and terrains.
Use the car as a prop.
Transport in or out of the Polish customs area goods forbidden by customs regulations (e.g. cigarettes, drugs, weapons, protected animals and items made from them).
Making alterations and changes not-conforming to the specific vehicle's manufacturer's specifications.
Use the car not according to its purpose.

Terms of using the car.

The Lessee is obligated to paying special attention and care to the car.
The Lessor does not agree to using the car:
- for transporting a greater number of persons or greater load mass than the one specified within the car's registration document regardless of whether such a transportation is planned or exceptional in nature.
- for transportation or a greater number of passengers or items in the form of sub-rental.
- for executing pushing or towing of other vehicles.
- for transportation of caustic dirty materials, with sharp edges of other, which may corrode, destroy, damage or stain any elements of the car.
- outside the borders of the country, in which the rental took place, without a written consent of the Lessor.
- in geographical areas, in which the Lessor forbade usage of the car.

§3 Random events

1. In the case of an accident of a collision, the Lessee is absolutely obligate to call the police to the place of the event and to immediately inform the Lessor. The Lessee is absolutely obligated to request that the police prepares an appropriate protocol, which shall be presented to the Lessor. Additionally, should the accident or collision be caused by a third person, the Lessee is absolutely obligated to acquire all the necessary data of the perpetrator.
2. The Lessee absolutely and in no case can accept the claims of any other third persons. The Lessee may not admit guilt unless the police called to the place of the event declares so.
3. In the case of a theft of the vehicle or a brake-in the Lessee is absolutely obligated to inform/call in the police and to immediately inform the Lessor. The Lessee is absolutely obligated to request that the police prepares an appropriate protocol, which shall be presented to the Lessor.
4. In the case of losing the keys or documents as well as in the case of a theft of the registration plates, the Lessee is absolutely obligated to inform/call the police and to immediately inform the Lessor. The Lessee is absolutely obligated to request that the police prepares an appropriate protocol, which shall be presented to the Lessor.
5. In the above-listed cases the Lessee is absolutely obligated to immediately notify the Lessor of the event and to properly secure the vehicle and place of the event. Additionally, the Lessee is obligated to present to the Lessor a proper protocol from the police and the detailed information on the event, i.e. description of the event, complete information about it, a list of all losses and damages.
6. The Lessee has no right to make any changes or repairs of the vehicle neither on his own nor order such works.
7. In the case of occurrence of any events described within this paragraph, or related with any other damage to the vehicle, the Lessee is absolutely obligated to render any help to the Lessor in substantial matters, especially in terms of adjusting indemnity claims or in court.
8. The Lessor shall not be responsible for the items transported, lost or left in the car.
9. The Lessor shall not be responsible both before the Lessee and any third persons in relation with an accident or a collision. Any responsibility (including civil in nature) rests with the Lessee.

§4 Time of rental

1. The Lessor transfer the vehicle to the Lessee for rental for a specified period of time.
2. The calculation unit for the purpose of the contract is the period of 24 hours, hereinafter referred to as the rental day, which is the minimum period, for which the contract may be concluded. The rental day starts at the time of giving the vehicle on the given calendar day and lasts to the same hour of the next calendar day.
3. The beginning of the rental period is specified in item 2 of the "Rental contract".
4. In the case of returning the vehicle before expiration of the rental period, the Lessor shall keep the rent paid by the Lessee and the Lessee agrees.
5. In the case of not returning the vehicle by the Lessee within the specified date, the Lessor shall undertake any activities foreseen by the law, shall inform the Police and other prosecution agencies about the fact of the theft, and the Lessee shall bear all the consequences and costs resulting from this fact. Regardless of this fact, the Lessee shall pay the Lessor a penalty for exceeding the rental period according to §6.
6. In the case of occurrence of special circumstances or if according to the Lessor there is serious doubt regarding the proper usage of the vehicle, which conforms to this contract, the Lessor may summon the Lessee to immediately return the vehicle, and the Lessee is obligated to immediately return the vehicle.

§5 Payments

1. The Parties set a permanent rental rate specified within the "Rental contract" (item 9).
2. All payments are given in PLN and are net prices. The payment is effected against an invoice issued by the Lessor at the moment of issuing the car. The car must be returned with at least as much fuel as at the time of issuing.
3. The VAT tax will be added according to the regulations currently in force.
4. The Lessee is obligated to pay the whole rental sum before the rental commences.
5. Regardless of the above-stated rental amount, the Lessee is obligated to pay a deposit in the amount of 1000 (one thousand) zł in aid of the Lessor before the rental commences. The deposit is to be used for securing any possible claims of the Lessor towards the Lessee, who authorizes the Lessor to deductions from the deposit according to § 6. This deposit shall be settled after expiration of the "Rental Contract" and after the vehicle is returned to the Lessor.
6. In the case of a return of a not cleaned vehicle, the Lessee shall be charged with a contractual penalty in the amount of 40 zł + 22% VAT.

§6 Responsibility, contractual penalties

1. The Lessee authorizes the Lessor to deduct any claims towards the Lessee from the deposit, especially:
- in the case of returning the vehicle after the specified date without notifying the Lessor for each started hour an additional penalty fee of 15 zł net + 22% VAT shall be charged, should the delay in returning the vehicle exceed one full rental day the Lessor shall be charged with a contractual penalty of 500 zł + VAT for every day of delay.
- in the case of staining the car's interior due to not abiding by the stipulations of §2 the Lessee shall be charged with a contractual penalty in the amount of 200 zł + VAT
- the own participation of the Lessee in each individual damage of the vehicle is the amount of the deposit for the losses resulting from his negligence: damage of windows, malfunctions of tires (with the exclusion of manufacturer's defects), damage of the upholstery, burns of the seats, burns of the plastic parts, bumps and scratches of the car body and broken plastic parts.
- In the case of returning the car with a lower amount of fuel the Lessor shall charge the lessee with the cost of the missing fuel adopting the rate per 1 liter of fuel calculated according to the fuel rates current on the day of the vehicle's return at the gas station located closest to the ASBUS company's seat.
2. The Lessee is obligated to pay to the Lessor the contractual penalty in the amount of Lessee's own participation, which will be deducted from the deposit collected when concluding the agreement or in cash or by means of a pre-authorization of a credit card "participation" (form of payment depends on the requirements of the Lessor). In the case of a loss of the keys, car's documents, registration plate etc. the Lessee shall pay all the payments indicated within the contract or listed in the current tariffs. The Lessee shall be charged with a contractual penalty in the amount of:
- 600 zł for losing or destroying the registration card of the car or trailer
- 600 zł for losing or destroying one piece of registration plate of the car or trailer
- 600 zł for losing or destroying the car's key
- 600 zł for losing or destroying a registration sticker on the windshield
For losing the warranty for the vehicle due to a fault of the lessee or a person authorized by the lessee to drive the vehicle or dispose it 20 000 PLN + VAT.
3. In the case of identifying any defects, damage or shortcomings in reference to the rental contract according to §1 the Lessee bears full responsibility for the effective damage and undertakes to cover all the costs of removing the damage. For this purpose of the Lessor has the right to keep the deposit, this does not exempt the Lessee from covering the costs of repairs in the amount exceeding the kept deposit.
4. The Lessee bears full responsibility for any damages caused in/to the vehicle if i:
- the value of the damage does not exceed 500 zł (five hundred złoty)
- the damage is the result of gross negligence of the Lessee
- the damage is the result of intentional fault of the Lessee
- the damage is the result of using the vehicle not according to the vehicle usage manual mentioned in §2 item 2 of this contract
- damage resulting from usage of the vehicle not conforming to the regulations currently in force including "road traffic law" and other stipulations of Polish law
- damage resulting from driving the vehicle under influence of alcohol, drugs or other intoxicating agents
- damage resulting due to an accident / collision and the Lessee fled from the place of the event
- damage resulting due to a collision or accident and the Lessee did not summon the Police to the place of the event and may not present a Police protocol prepared for the specific event to the Lessor
- damage resulting from a collision or accident due to fault of a third person and the Lessee did not take care of acquiring all the necessary data of the perpetrator
- the Lessee refuses to provide all the help to the Lessor in matters related the damage, especially with adjusting indemnity claims or in court
- damage resulting due to using the vehicle not according to its purpose and the stipulations of this contract
5. In the case in which the car or part of it are stolen or damaged in any way for reasons on part of the Lessee or a third person driving the car, the Lessee is obligated to meet all of the following obligations:
- paying to the Lessor the amount of all losses resulting from these events, especially the expenses incurred by the Lessor related with recovering or repairing the car or to paying the car's value
- covering the damages resulting from a loss of the car's value
6. Should during the rental the vehicle get confiscated or held by authorized agencies for reasons the Lessor is not responsible, the Lessee is additionally obligated to cover all the expenses related with recovering the vehicle, and in the case of an impossibility of recovering, to pay the vehicle's value.
7. The Lessee shall pay to the Lessor the value of the loss of incomes from the rental caused by the impossibility of renting the car due to fault of the Lessee, calculated proportionally to the number of days of the vehicle's stoppage within the frames of the business activity.
8. The deposit shall be returned no later than within 7 days after the vehicle is returned to the Lessor and after the Lessee signs a Return Protocol, with reserving the Lessor's right to transfer the deposit in full or partially for covering the claims mentioned in paragraph 5 item 5.
9. In a situation, in which there is justified suspicion of disassembly, replacement or damaging of components, attachments or equipment of the rented car, the Lessor reserves the right to return the deposit within 7 days from the day of finally explaining the doubts to the Lessor in terms of the aforementioned doubt.
Every time in the case in which the Lessor does not return the deposit to the Lessee within the time specified in the Regulations, he is obligated to inform the Lessee of the reasons for the delay or refusal to return the deposit in full or partially, in writing.
10. In the case of a theft of the vehicle the Lessee bears full responsibility for the damages caused by the theft if he did not protect the vehicle against theft properly, as well as if he lost the vehicle's keys or documents.
11. The above-listed responsibilities are attributed to the Lessee also in the case in which he or another person driving the car breaches the terms, legal regulations (also custom regulations) or insurance regulations, including the terms of the car's insurance policies.

Responsibilities of the Lessee

- The Lessee undertakes to respect the law in force in the given country, in which he uses the car, especially road traffic law and he shall not accept not being familiar with them as an excuse.
- The Lessee is obligates to incur any costs related with vindication of debt created in the field of using the vehicle, among other things tickets, unpaid parking-meter fees, towing the car, etc.
- The Lessee is obligated to park the car always whenever possible in guarded car-parks or other supervised places, not to leave the car's documents inside the vehicle, to close the vehicle whenever the driver leaves it and to use all the protective devices, with which the vehicle is equipped. - The Lessee is obligated to use fuel according to the specifications of the engine listed in the registration card and the vehicle's technical documentation.
- in the case of renting a trailer the Lessee needs to have a driver's license giving the right to drive a vehicle together with the rented trailer or to ensure a driver with proper authorizations. Any consequences resulting from not fulfilling this obligation shall be on the Lessee's part.

§7 Final provisions

1. Every time a "Rental contract" is mentioned within these "General terms of the contract", the "General terms of the contract" shall be construed as the "Rental contract".
2. The Lessor reserves the right to execute the contractual penalties, indemnity or any other claims in full amount, exceeding the amount of the penalties reserved within this contract.
3. In cases not settled within this contract appropriate regulations of the Civil Code shall apply.
4. The seat and competence of a law court. Polish law is the contract's applied law. Any contests, that may occur as the result of the Contract's execution are subject to adjudging by the court appropriate for the Lessor's seat. Any changes of the Terms may be made only in a written form or will be deemed null and void. The basis for settlement of any contests is the Polish language version of these Regulations.
5. Tax return. The Lessee declares that he gives the Lessor authorization to fill in a VAT invoice without the recipient's signature. He states that he is familiar with the Terms and current rates regarding this rental (tariffs and price-lists) as well as the scope of his prospective responsibility for damages, he accepts it and confirms that the aforementioned information is correct.
6. The Lessee agrees to photo-copying and storing his personal information, and in the case of his not fulfilling the terms of the contract or presenting false data, the Lessor has the right to give the information to the prosecution agencies as well as to post it in the black list of dishonest customers.

Lessee's statement: I hereby declare that I have familiarized myself with the "Detailed terms of car rental" and I accept the stipulation contained herein without any reservations.

LESSEE