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TERMS AND CONDITIONS OF CAR RENTAL AutoCar24H

These Terms and Conditions define the detailed conditions of car rental agreements that are concluded with NASZ-EKO-BIZNES spółka z ograniczoną odpowiedzialnością [Polish limited liability company] with its seat in 01-793 Warsaw (Poland), at ul. Rydygiera 8, Poland, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw, XIV Commercial Division of the National Court Register under the KRS number 0000516623, with the share capital of PLN 5,000.00, further referred to as: NASZ-EKO-BIZNES sp. z o.o.; which is the owner of AutoCar24H Car Rental.

I GENERAL PROVISIONS

§ 1 Definitions:

  1. Terms and Conditions- these terms and conditions.
  2. Customer:
    1. a natural person with full legal capacity who is 21 years old and holds a valid identity card (in case of the European Union citizen – a document confirming identity in accordance with the national law applicable to the place of residence of the Customer, in other cases – valid passport) and a driving license for at least 3 years for the categories: A, B, C, TM (for foreigners – a driving licence that is valid and recognised in Poland) or
    2. a natural person, legal person or organizational unit that is not a legal person but has been granted with legal capacity based on the special provisions of the law, conducting economic activities confirmed in a relevant register or record;
  1. Authorized Driver- a natural person with full legal capacity who is 21 years old and holds a valid identity card (in case of the European Union citizen – a document confirming identity in accordance with the national law applicable to the place of residence of the Customer, in other cases – a valid passport) and a driving license for at least 3 years for the categories: A, B, C, TM (for foreigners – a driving licence that is valid and recognised in Poland) who is identified in the Rental Agreement as the person authorized to
  2. Consumer– a Customer who is a natural person concluding the Rental Agreement that is not directly associated with his/her business or professional activities.
  3. Deposit– the amount to be paid by a Customer at the conclusion of Rental Agreement in order to secure claims, if any, arising from the Rental Agreement.
  4. Price List– a list of standard net rates for Rent or other services and benefits associated with the Rental Agreement, which is enclosed to the Rental Agreement as Appendix No. 2.
  5. Vehicle- a car owned or held by NASZ-EKO-BIZNES sp. z o.o., which is the subject of Rental Agreement. The Vehicle has a valid third-party liability insurance or comprehensive and third party liability insurance – as specified in the Rental Agreement form.
  6. Rent Fee – the amount required to be paid by the Customer for the entire term of the Rental Agreement, resulting from the Price Least effective on the Agreement conclusion date, payable in advance at the time of conclusion of the Rental Agreement.
  7. VAT invoice – an invoice issued to the Customer for the rental of a Vehicle, indicating in particular: the date of issuing, the amount of Rent Fee or other charges associated with implementation of the Rental Agreement, date of payment and bank account to which the payment shall be made.

§ 2 General provisions

  1. In order to conclude the Rental Agreement, the Customer is required to read these Terms and Conditions and accept their provisions at the time of Rental Agreement conclusion, and to present documents that prove compliance with the requirements specified herein.
  2. Conclusion of the Rental Agreement is confirmed in the Rental Agreement form drawn up in accordance with a draft applicable at NASZ-EKO-BIZNES sp. z o.o., signed by both parties to the Rental Agreement and prepared in two copies, one for each party. Appendices to the Rental Agreement shall include: a copy of these Terms and Conditions, Handover Report and the Price List.
  3. The Rental Agreement form includes the basic terms and conditions of the Rental Agreement and its provisions take precedence over the provisions of these Terms and Conditions.
  4. At the time of conclusion of the Rental Agreement, the Customer is required to pay the deposit and the entire amount of the Rent Fee as well as other additional charges, as required pursuant to the Rental Agreement form.
  5. The Vehicle shall be released – after conclusion of the Rental Agreement and after the payment of Rent Fee and deposit by the Customer – based on the Handover Report. Before the Vehicle is released and before the Handover Report is signed, the Customer is required to make a visual inspection of the Vehicle and to become familiar with its technical condition. Any remarks to the technical condition of the Vehicle and its equipment/accessories shall be included in the Handover Report.
  6. Only the person specified in the Rental Agreement form as the Lessee and an Authorised Driver is authorized to use the Vehicle. The Lessee is not entitled to sublease, lend or pass the Vehicle to any third parties without prior written consent of the Lessor, otherwise null and void. If it is found that the Lessee or the Authorised Driver have passed the Vehicle to an unauthorised person or have sublet or lent the Vehicle, the Lessor shall be entitled to charge a contractual penalty of PLN 3000.00 (say: three thousand zlotys) for each identified case of infringement of the prohibition referred to in the previous sentence. The penalty shall be payable within 7 days from the date of service of a debit note. The Lessor reserves the right to seek damages in excess of the penalty specified hereinabove pursuant to the general rules.

§ 3 Obligations of the Parties to the Rental Agreement.

  1. NASZ-EKO-BIZNES sp. z o.o. is obliged to:
    1. release the Vehicle together with its documents and a set of keys after the conclusion of Rental Agreement and presentation of the proof of payment of Rental Fee and Deposit and any other additional charges by the Customer, if any, in accordance with the Rental Agreement form.
    2. provide a replacement car, if another car is available, in case of a road event/accident involving the rented Vehicle. The replacement car shall be made available based on the provisions of these Terms and Conditions applicable to the rental of Vehicle.
  1. The Customer is obliged to:
    1. read these Terms and Conditions, the terms and conditions of the manufacturer warranty, the terms and conditions of the third party insurance or comprehensive insurance of the Vehicle, and to observe them.
    2. carry valid documents required by road traffic authorities while driving the Vehicle (including: driving licence, Vehicle registration card, third party insurance policy or comprehensive insurance policy, Vehicle Rental Agreement);
    3. take care of the technical condition and keep the rented Vehicle clean (including: check the levels and top up the engine oil, brake fluid and coolant, washer fluid, check the condition of the tyres and tyre pressure, check the driving-beam headlamps, passing-beam headlamps and signalling lights);
    4. control the mileage in order to monitor the obligation to proceed with warranty and post-warranty inspections in accordance with the Vehicle servicing plan and to check the validity of vehicle technical inspection. The Lessee is fully liable for damages resulting from failure to comply with the dates of the warranty and post-warranty inspections. If this is a case, the Lessor is entitled to charge the Lessee with the costs to be incurred due to a refusal to execute the warranty or post-warranty repairs of the Vehicle or due to a refusal of servicing, and to charge the Lessee with a relevant Fee specified in a Price List. Unless the Agreement provides otherwise, the Lessor shall not be liable for damage borne by the Lessee as a result of Vehicle failure, damaging, accident or road event, unless the damage was caused by the Lessee’s wilful act.
    5. refuel the car as specified in the vehicle registration card;
    6. make the rented Vehicle available to NASZ-EKO-BIZNES sp. z o.o. for the duration of technical inspection at a time and place indicated by NASZ-EKO-BIZNES sp. z o.o. (this applies both to the nearest planned technical inspection set forth in the Rental Agreement form as well as to any technical inspections that could not be anticipated by the Parties at the time of conclusion of the Rental Agreement);
    7. secure the rented Vehicle against theft, damaging, or access by third parties during the term of the Rental Agreement, and in particular every time after a driver leaves the Vehicle and for the time of Vehicle stopping or parking (including: closing the Vehicle at all times, activating any anti-theft protections, careful securing of car keys and documents);
    8. secure documents of the Vehicle and the set of car keys against theft, loss, damaging or access by third parties;
    9. comply with the provisions of the Rental Agreement resulting from these Terms and Conditions and the Rental Agreement form;
    10. immediately inform NASZ-EKO-BIZNES sp. z o.o. of any events affecting the condition of the Vehicle, and in particular of any failure, damage, accident or theft of the Vehicle; the Lessee does not have any right to order any repairs, improvements, modifications, inspections or any other maintenance/servicing of the Vehicle without prior written consent of the authorized representative of the Lessor. Such consent may also be expressed by electronic means (e-mail). The authorised representative of the lessor is Ms KLAUDIA DOMASIEWICZ, phone no.: +48 533-644-415 or another person designated by her. The need for servicing shall be reported verbally (by phone or in person) and justified (failure, the need to make an inspection, etc.). The representative shall examine the request and manage the process of servicing (repairing) of the Vehicle by forwarding it to the right service station and having the necessary works done. Inspections and repairs should be performed only in the automobile repair shops indicated by the authorised representative of the Lessor across Poland. The Lessee has no right to make any planned Vehicle maintenance/servicing outside Poland. The Lessee is not entitled to sign invoices for any completed works as “the person authorized to receive invoices” and to make any declarations of will on behalf of the Lessor. The Lessee is obliged to ensure, by acting with due diligence, that all the works have been made in a reliable way, and to sign the acceptance report when the Vehicle is released from the car servicing shop. The Lessee is also obliged to ensure that any data required by the guarantor and associated with the warranty and post-warranty inspections of the Vehicle are recorded in its technical documentation.
    11. immediately inform the competent law enforcement authorities of a theft, destruction or damage of the Vehicle, road event or accident involving the Vehicle and of any other incident involving the Vehicle that could constitute an offence or a criminal offence in the meaning of applicable laws;
  1. The Customer is not allowed to use the Vehicle in a manner that is not compliant with its intended purpose, properties, the provisions of applicable law or these Terms and Conditions, including in particular:
    1. it is prohibited to transport more passengers than the number indicated in the vehicle registration card;
    2. it is prohibited to transport children without the required safety seats;
    3. it is prohibited to transport passengers without safety belts fastened as required by the applicable laws;
    4. it is prohibited to transport animals (unless NASZ-EKO-BIZNES sp. z o.o. agrees to that in writing, otherwise null and void), dangerous objects or any objects that are hazardous to other road users;
    5. it is prohibited to exceed the maximum payload of the Vehicle;
    6. it is prohibited to smoke tobacco or other odorous substances and to consume food and alcoholic products in the Vehicle;
    7. it is prohibited to tow other cars with the Vehicle;
    8. it is prohibited to use the Vehicle in the motor sports;
    9. it is prohibited to attach any stickers or advertising labels etc. on the Vehicle;
    10. it is prohibited to use the Vehicle for training and learning to drive;
    11. it is prohibited to make any modifications, mechanical changes, alterations or mechanical disassembly of the parts or components of the Vehicle;
    12. it is prohibited to tow the Vehicle, make unauthorised repairs or have the Vehicle repaired by other parties without the consent of NASZ-EKO-BIZNES sp. z o.o. expressed in writing, otherwise null and void.
  2. The Vehicle may be used on the territory of the Republic of Poland only. Every departure of the Vehicle outside the territory of the Republic of Poland (including the use of Vehicle outside the territory of the Republic of Poland) must be agreed with NASZ-EKO-BIZNES sp. z o.o. and confirmed by the consent of NASZ-EKO-BIZNES sp. z o.o. in writing, otherwise null and void.

§ 4  Liability of the Parties

  1. The customer shall be fully liable for any damage caused to the Vehicle or resulting from the use of the Vehicle during the term of the Rental Agreement – from the date of signing of the Handover Report when releasing the Vehicle until the date of signing of the Handover Report when returning the Vehicle.
  2. If it is found that any changes have been made to the Vehicle or if any parts, accessories or individual elements of the vehicle have been assembled or removed, the Customer is required to compensate the damage done or bear the costs associated with Vehicle restoration to the previous state, or bear the costs of the Vehicle value lost as a result of the behaviour of the Customer. Restoration to the previous state is at the expense of the Customer, according to the Price List.
  3. In the event of loss, destruction, damage to the Vehicle or its equipment/accessories issued to the Customer together with the Vehicle (including: Vehicle documents, license plates, third party insurance policy or comprehensive insurance policy, car keys, wipers), the Customer is obliged to repair the damage. The damage shall be repaired according to the Price List, at the expense of the Customer.
  4. The Customer is responsible for any and all costs arising in connection with the departure of the Vehicle outside the territory of the Republic of Poland.
  5. The Customer shall be responsible for any damage caused to the Vehicle or resulting from the use of the Vehicle if an Insurer refuses to accept this responsibility, in particular due to:
    1. the lack of valid driver’s licence;
    2. the use of the Vehicle in a crime, offence or any other act prohibited by the applicable law;
    3. driver’s escape from the place of event/accident;
    4. the use or driving of the Vehicle under the influence of alcohol, drugs or psychotropic substances;
    5. intentional damaging of the Vehicle;
    6. damaging of the Vehicle due to the fault of its driver;
    7. the lack of information about the damage within a time limit designated by the Insurer or a failure to inform proper law enforcement authorities about the damage.
  1. The Customer is fully responsible for the consequences of breaching road traffic regulations by him/her, including the responsibility for the settlement of any fines imposed on the Customer.
  2. NASZ-EKO-BIZNES sp. z o.o. is not responsible for any defects in the Vehicle that occurred as a result of Customer’s incorrect behaviour/behaviour that is not compliant with the provisions of these Terms and Conditions, Rental Agreement or applicable law, as well as due to the Customer’s failure to fulfil its obligations under these Terms and Conditions, Rental Agreement or applicable law.
  3. NASZ-EKO-BIZNES sp. z o.o. is not responsible for any delay in releasing the Vehicle caused by circumstances beyond the control of NASZ-EKO-BIZNES sp. z o.o., in particular due to the lack of payment of the Rent Fee, Deposit and other charges payable by the Customer.

§ 5 Charges and Fees The manner and the date of payment.

  1. The amounts of the Fees to be paid by the Customer are specified in the Terms and Conditions, Rental Agreement form and the Price List.
  2. The Customer is obliged to pay:
    1. the Rent Fee for each hour or day of the duration of Rental Agreement, in accordance with the provisions of the Rental Agreement form and in the amount specified therein;
    2. the Deposit in the amount specified in the Rental Agreement form;
    3. additional charges, if required, in accordance with the provisions of the Rental Agreement form;
  1. At the time of conclusion of the Rental Agreement NASZ-EKO-BIZNES sp. z o.o. will issue a VAT invoice for the amount covering the Rent Fee or other charges, if any shall be paid by the Customer, in accordance with the provisions of the Rental Agreement form.
  2. The VAT invoice will be either handed in personally to the Customer or sent in a letter to the mail address of the Customer, or sent electronically to the e-mail address of the Customer, as requested by the Customer.
  3. The payment of the Deposit, Rent Fees and other charges associated with the conclusion and implementation of the Rental Agreement will be based on an invoice issued by NASZ-EKO-BIZNES sp. z o.o. in the form chosen by the Customer: by cash paid to the authorized employee of NASZ-EKO-BIZNES sp. z o.o., by bank transfer to the bank account of NASZ-EKO-BIZNES sp. z o.o. indicated in the tax invoice or by way of a credit/payment card. If you choose to pay by bank transfer, then the payment will already have to be credited to the bank account of NASZ-EKO-BIZNES sp. z o.o. at the time of release of the Vehicle.

§ 6 Term of the Rental Agreement. Termination of the Rental Agreement

  1. The Rental Agreement is concluded for a specified period of time, as indicated in the Rental Agreement form. The period of time in question may not be less than 24 hours.
  2. The Parties may extend the term of the Rental Agreement by another specified period of time. In such case, the Lessee is required to inform the Lessor about his willingness to extend the term of the Rental Agreement at least 12 hours before its expiry.
  3. The Customer has the right to terminate the Rental Agreement with immediate effect in case of disclosure of defects or malfunctions in the Vehicle that make it impossible to use the Vehicle, unless NASZ-EKO-BIZNES sp. z o.o. provides a replacement vehicle to the Customer.
  4. The Lessor has the right to terminate the Rental Agreement with immediate effect if:
    1. the Vehicle is used by persons other than those indicated in the Rental Agreement form;
    2. it is stated by NASZ-EKO-BIZNES sp. z o.o. that the Customer has breached the provisions of the Terms and Conditions or of the Rental Agreement;

§ 7 Return of the Vehicle after the Expiry or Termination of Rental Agreement

  1. The Customer is required to return the Vehicle in a non-deteriorated condition, clean and without defects.
  2. The Customer is required to return the Vehicle together with the equipment/accessories that have been made available to the Customer.
  3. The Customer is required to return the Vehicle on the day of expiry of the Rental Agreement – at the date and time specified in the Rental Agreement form, or on the day of termination of the Rental Agreement – at the date and time indicated by NASZ-EKO-BIZNES sp. z o.o. in a statement of termination of the Agreement.
  4. The Vehicle shall be returned to the seat of NASZ-EKO-BIZNES sp. z o.o. or to other place jointly agreed by the Parties to this Rental Agreement. It is possible to return the Vehicle outside the working hours of NASZ-EKO-BIZNES sp. z o.o. only if the date/time has been agreed with NASZ-EKO-BIZNES sp. z o.o. in advance and against an additional charge specified in the Price List.
  5. The Vehicle shall be returned based on a Handover Report, jointly drawn up by the Parties, indicating in particular: date and place of return of the Vehicle, condition of the Vehicle, any remarks, any damage found, signatures of the Parties.
  6. At the time of the return of Vehicle the Customer is obliged to return any and all documents he received, and a set of car keys.
  7. At the time of the return of Vehicle the amount of fuel should correspond to the amount indicated in the Handover Report. Otherwise, the Customer shall be charged for refuelling to the amount indicated in the Handover Report.
  8. NASZ-EKO-BIZNES sp. z o.o. has the right to keep the full amount of Deposit in the event of a road incident or accident involving the Vehicle that took place due to the fault of the Customer.
  9. If the Vehicle is returned by the Customer without reasonable cause before the end of the term of the Rental Agreement, NASZ-EKO-BIZNES sp. z o.o. is not obliged to return the Rent Fee for the remaining period of the Rental Agreement.

§ 8 Complaints

  1. Customer has the right to file a complaint. A complaint should include, in particular: name, surname and PESEL [Polish Resident Identification Number] of the person filing a complaint, identification of the Rental Agreement in question, subject of the complaint along with a substantiation, date and signature of the person filing the complaint.
  2. The complaints may be submitted in writing in the seat of NASZ-EKO-BIZNES sp. z o.o. 01-793 Warsaw, ul. Rydygiera 8, or sent by e-mail to the following address: biuro@autocar24h.pl; naszekobiznes@onet.eu
  3. Complaints are handled within 21 days from their submission date.
  4. If, in order to handle the complaint, a person filing a complaint is required to submit any additional documents or information, the period for replying to the complaint referred to in paragraph 3 above shall begin on the date of submission of the additional information by the person filing a complaint.

§ 9 Privacy Policy and Protection of Personal Data

  1. NASZ-EKO-BIZNES sp. z o.o. is the administrator of a database of personal data submitted by the Customers in connection with the conclusion and implementation of Rental Agreements.
  2. The Customers have the right to access their data at any time, to correct them and to make a request to stop using these data.
  3. Personal data are processed by NASZ-EKO-BIZNES sp. z o.o. pursuant to the provisions of the Act of 29 August 1997 on the Protection of Personal Data(consolidated text: Journal of Laws of 2016, item 922 as amended).
  4. While concluding the Rental Agreement, the Customer agrees to have its personal data processed for the purpose of implementation of the Rental Agreement.

§ 10 Final provisions

  1. In any matters not governed by these Terms and Conditions, the provisions of the Act of 23 April 1964 – Civil Code(consolidated text: Journal of Laws of 2016, item 380, as amended) and other generally applicable provisions shall apply.
  2. Disputes arising from the application of these Terms and Conditions and in connection with implementation of agreements concluded by and between NASZ-EKO-BIZNES sp. z o.o. and the Customers who are not the Consumers will be dealt with by the common court having jurisdiction over the seat of the Lessor. If the Lessee is a natural person who is a consumer, any disputes shall be settled by the common court of competent jurisdiction and proper venue.
  3. NASZ-EKO-BIZNES sp. z o.o. reserves the right to make changes to these Terms and Conditions, but the Rental Agreements concluded prior to the change in the Terms and Conditions shall be subject to the Terms and Conditions in the version applicable at the time of conclusion of the Rental Agreement.

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