GENERAL TERMS AND CONDITIONS OF AGREEMENT
These General Terms and Conditions of Agreement (hereinafter: GTC) define the rights and obligations of the parties to the agreement, the subject of which is the handing over by the company Marcin Nowosad, ul. Piaskowa 19, 59-700 Bolesławiec, NIP: 6121885851; REGON: 528330007 (hereinafter: Lessor or Rental Company) for use by the client (hereinafter: Lessee) of the vehicle specified in the agreement (hereinafter: Car, Vehicle, or Object of Lease).
These General Terms and Conditions of Agreement apply to all agreements specified in the preceding sentence from August 1, 2024, together with the FEE SCHEDULE RELATED TO VEHICLE RENTAL (hereinafter referred to as the Fee Schedule). The Parties may partially exclude or modify the provisions of the agreement. This requires a written form under pain of nullity. Implied conclusion of the agreement, tacit acceptance of contract terms used by the Lessee, or conclusion of the agreement in a form other than written or documentary form is excluded.
I. PARTIES TO THE AGREEMENT.
The Lessee of the Car may be a natural person, a legal person, or an organizational unit without legal personality to which the law grants legal capacity (defective legal person).
A Lessee of the Vehicle who is a natural person must meet the following requirements: a) be at least 21 years of age, b) possess the necessary qualifications allowing for driving the vehicle for a minimum of 1 year, and in particular, has not been deprived of rights by a competent authority and, to the best of their knowledge, no proceedings are pending against them that could lead to the revocation of their driver’s license, c) possess a valid ID card or other valid document confirming identity, d) possess a second document confirming identity, e) possess a valid driver’s license document that is honored on the territory of the Republic of Poland.
The Driver of the Vehicle may exclusively be the Lessee or an additional driver indicated in the Agreement who meets the conditions specified in Section I, point 2.
The Lessee is obliged to present to the Lessor, at the latest upon signing the lease agreement and the handover of the Object of Lease, documents confirming the fulfillment of the requirements referred to in Section I, point 2 above. This means that if a person other than the Lessee is indicated as a driver, the documents of that person must also be presented.
The aforementioned requirements apply throughout the entire duration of the lease. In the event of finding that the Lessee or the person entered in the lease agreement as an “additional driver” fails to meet the aforementioned requirements, the Lessor may terminate the lease without notice. The Lessor is entitled to verify the presented documents using available registers (KRS, CEiDG), and in the event of discrepancies, may refuse to conclude the agreement.
The Car may be driven exclusively by the person (meeting the requirements specified in Section I, point 2 of the GTC) listed in the lease agreement under “LESSEE” or – with the consent of the Lessor – by the person entered into the agreement as “ADDITIONAL DRIVER”. In the event of the Lessee revoking authorization for a person entitled to drive the vehicle, the Lessee is obliged to immediately inform the Lessor of this change. In the event of failure to immediately notify the Lessor, the Lessee is obliged to repair the damage suffered by the Lessor in connection with the lack of knowledge about the aforementioned revocation of authorization. The Lessee bears joint and several liability with the Additional Driver for damages caused by the additional driver.
(Numbering as per original text) The Lessee is obliged to ensure that the provisions of the GTC or the lease agreement regarding the Lessee’s obligations and rules of conduct in the event of an accident or car breakdown are also observed by persons to whom the Lessee has entrusted the driving of the car, and shall familiarize each person driving the vehicle with the obligations related to the operation of the car. Failure to fulfill the above obligation will result in the obligation for the Lessee to repair the damage.
The Lessee assumes full responsibility for the rented car, including for the acts and omissions of the User, the additional driver, and Passengers until the car is collected by the Lessor, based on the handover protocol signed by both Parties.
II. CONCLUSION OF THE AGREEMENT.
To sign the lease agreement and hand over the object of lease, the following are necessary: a) in the case of natural persons who are not entrepreneurs – two documents confirming the Lessee’s identity, b) in the case of entrepreneurs – natural persons conducting business activity: the documents listed in point a) and a printout from CEIDG, c) in the case of legal persons and organizational units without legal personality – an excerpt/printout from the KRS (National Court Register) or other appropriate register showing current data on the representation of the entity and two identity documents of the person(s) authorized to represent the entity.
The Lessor and the Lessee fill out and sign the vehicle handover/acceptance protocol and the lease agreement. These documents, together with these General Terms and Conditions and the General Insurance Terms and Conditions, constitute the integral content of the lease agreement. By signing the documents indicated in the first sentence, the Lessee declares that they have read their content, the General Terms and Conditions, and other information necessary to execute the Agreement, in particular the insurance policy and the General Insurance Terms and Conditions.
The shortest Vehicle lease period is 24 hours.
The lease term begins from the date specified in the lease agreement or from the date of vehicle handover indicated in the Vehicle Handover Protocol, depending on which date is earlier, unless the parties decide otherwise.
The Lessee is obliged to pay the Lessor the rent and other fees in the amount and on the principles specified in the Agreement.
Payment of the rent is made in full in advance for the entire lease period specified in the Agreement, according to the daily rate specified in the Agreement.
Extension of the lease may occur exclusively with the consent of the Lessor, combined with the payment of rent in accordance with the Agreement.
The Lessee is obliged, at the latest at the time of handing over the vehicle to them, to pay a security deposit (kaucja) at the rate indicated in the Agreement. The deposit serves as security for potential claims of the Lessor against the Lessee and may be retained in part or in full after the end of the lease. The Lessee agrees to the retention of the deposit towards their obligations resulting from the agreement (set-off). In the case of proper performance of the agreement and return of the vehicle in accordance with it, the deposit is returned to the Lessee in the amount corresponding to the nominal value of the paid sum.
At the conclusion of the lease agreement – if the agreement is to be concluded by an entrepreneur as part of conducting business activity (on the company account) – the Lessee is obliged to provide detailed company data and present appropriate authorization, which will also contain the data of the person concluding the agreement. In such a case, the company data must be on the agreement in the “Lessee” field. The Lessor has the right to verify this data in any way, including making a photocopy of the ID card.
III. RULES FOR USING THE VEHICLE
The Lessor is obliged to hand over to the Lessee a vehicle free from defects affecting the utility of the vehicle. The Lessor does not take responsibility for mechanical damage to car elements arising during the use of the vehicle by the Lessee in the case of operating the vehicle contrary to its intended use.
During the use of the car, the Lessee or each person driving the vehicle is obliged to: a) Use the Vehicle in accordance with its intended use, properties, and instructions/guidelines of the Lessor, as well as in accordance with road traffic regulations. b) Possess valid documents required by traffic control services. c) Secure the car and its equipment against theft, including in particular properly locking the car, securing the keys, registration certificate, and remote control (each time the vehicle is left). d) Perform daily maintenance of the car at their own cost and effort (checking and replenishing engine oil, coolant, brake fluid, washer fluid, checking tire pressure and tire condition, operation of signal lights, low beam and high beam lights, potential replacement of bulbs), as well as repairing damaged wheels at their own cost. e) Use the type of fuel in the car in accordance with the engine specification given in the registration certificate and the vehicle’s technical documentation. f) Maintain the car in proper cleanliness. g) If the Vehicle is not being used, it should be left in a guarded parking lot or on a fenced property. Parking and storage costs are borne entirely by the Lessee.
The Lessee undertakes to care for the Vehicle and maintain it in good condition, including technical condition, particularly taking into account the properties of the Vehicle, its external and internal appearance, and requirements specified by the Agreement and generally applicable laws. Good condition of the Vehicle means a condition not deteriorated relative to the condition on the day of its release to the Lessee, taking into account wear resulting from proper use.
It is forbidden to leave documents, keys, as well as the player panel or satellite navigation in the vehicle, if the car possesses such.
Travel outside the borders of Poland to other European Union countries is permissible provided that the Lessor has given prior consent in the Agreement, the country of travel is entered into the Agreement, and the appropriate fee is paid. It is forbidden to move the vehicle outside EU countries, including in particular the territory of Russia, Belarus, and Ukraine. In the case of travel without the Lessor’s consent and lack of fee – a contractual penalty indicated in the Fee Schedule will be imposed on the Lessee. Furthermore, in the case of travel without consent written in the agreement and without the fee – the Lessee is liable for all damages arising in the vehicle – both in the case of breakdown, damage, or theft. The Lessee is also obliged to bear all costs related to bringing the car back to the territory of the Republic of Poland and payment of all potential fines incurred outside the country. Additionally, the vehicle leaving EU borders constitutes a breach of the agreement conditions and is subject to an additional contractual penalty in the amount of 25,000 PLN. In justified cases, the Lessor may waive the charging of the contractual penalty. Furthermore, in the case of violation of the agreement conditions, the Lessor may withdraw from the agreement without observing a notice period.
The Lessee may not use the car in a manner contrary to the Agreement, the GTC, the properties and intended use of the car, and within the limits of its normal, non-excessive exploitation. It is not permitted, under pain of paying the contractual penalty indicated in the Fee Schedule, in particular: a) Towing other vehicles with the rented car, b) Transporting a greater number of persons or luggage than specified in the vehicle registration certificate, c) Smoking tobacco or e-cigarettes in the car, d) Making modifications or other changes in the rented car without the Lessor’s consent (including removing company markings), e) Transporting animals inside the car, except for domestic pets, for which the Lessee bears full responsibility and undertakes to cover all potential damages, f) Subletting the vehicle and making it available to a person other than the user (additional driver), g) Using the car in sports competitions and races, rallies, and training for them, any driving lessons or driving improvement courses (this carries a contractual penalty of 5,000 PLN, according to the Fee Schedule), h) Using the vehicle for the commercial transport of persons and goods, i) Transporting items that have an intense smell or cannot be secured, which involves damage to the vehicle, j) Using the Vehicle in a manner contrary to the law, e.g., transporting goods inconsistent with the laws of the country where the vehicle is located, etc.
The Lessee may not change the intended use of the vehicle nor make any changes to the vehicle, and in particular, install additional equipment. Vehicle components are marked and sealed; regarding the breach of seals and markings, the Lessor bears no responsibility for movables left and transported by the Lessee and third parties in the object of lease.
The Lessor or other persons authorized by them have the right to inspect the manner of use and condition of the vehicle as well as the Lessee’s documents related to the above circumstances, and the Lessee has the obligation to enable the inspection and make documents available.
The Lessee bears sole responsibility for the proper installation and correct and intended use of accessories and additional equipment (e.g., child seat, GPS navigation).
In the event of a violation of the provisions of this Section III, the Lessee will be obliged to repair the damage/bear costs related to the damage/restore the vehicle to its previous state/pay for the loss of vehicle value caused by, among others, modifications and possible loss of warranty (depending on the Lessor’s choice).
IV. FEES
Standard rental costs are indicated in the Agreement, and additional costs and contractual penalties are available in the Fee Schedule.
The rental fee is collected in Polish Zlotys and Euros in advance according to the rate and period indicated in the Agreement by cash, bank transfer, payment/credit/debit card, or in the form of an assignment of receivables from the perpetrator’s Third Party Liability (OC) policy (in the case of cashless vehicle rental to a person injured in a collision or road accident).
Rent is calculated for a full day, i.e., after the lapse of 24 hours from the time of handing over the vehicle, another rent will be charged for the next day of the lease.
In the case of the Lessor expressing consent to extend the lease period, the Lessee is obliged to pay for the additional lease period in advance, with the reservation that the payment must be booked no later than the hour in which the original deadline for returning the vehicle expires.
In the case of delay in payment of rent for long-term rental, for at least one payment period, the Lessor, after an ineffective call to the Lessee for payment (in the form of electronic correspondence, telephone, SMS message), may terminate the lease agreement immediately – without notice, reserving the right to charge the Lessee statutory interest for each day of delay in rent payment and may claim compensation on general principles.
If an insurance company or Assistance provider is obliged to pay the rent for the car rental based on an agreement separate from the lease agreement, and the Lessee does not make the car available for return despite the expiration of the lease period, the obligation to pay rent for each additional day after the expiration of the lease period agreed by the insurance company or Assistance operator with the Lessor passes to the Lessee. The Lessee is obliged to notify the Lessor of the desire to extend the rental on individual terms, consistent with the applicable Fee Schedule, before the return deadline expires. The Lessee is obliged to pay in advance the amount due for each additional day of the lease.
The Lessee and additional driver cover in full all fines, penalties, parking fees, highway tolls, and others for using road infrastructure, as well as private-law and public-law dues resulting from the use of the car during the lease period. Furthermore, in the situation of an obligation arising to pay the aforementioned amounts, the Lessee authorizes the Lessor to transfer their personal data along with a copy of the lease agreement to the appropriate authorities. All fees resulting in particular from inquiries by public administration bodies and all actions related to the aforementioned dues are covered by the Lessee. Each provision of information at the request of authorities is subject to an administrative fee indicated in the Fee Schedule.
V. RETURN OF THE VEHICLE
The condition of the vehicle at the time of return is determined in the handover protocol, which constitutes an annex to the Agreement. The findings of the protocol acceptance of the Object of Lease are binding for the parties.
After the end of the lease, the Lessee is obliged to return the vehicle at the place and time previously agreed in the Agreement. In the case of the necessity to return the vehicle at a different date or place than agreed in the agreement, the Lessee is obliged to notify the Lessor of this fact via SMS or telephone call with 12 hours’ advance notice, obtain the Lessor’s consent, and return the vehicle according to the Lessor’s guidelines, under pain of considering the vehicle abandoned, which involves the possibility of charging the Lessee a contractual penalty indicated in the Fee Schedule. In particularly justified cases, the Lessor may waive charging the Lessee the contractual penalty.
In the case of delay in returning the car or the necessity of collection in a place other than resulting from the agreement, the Lessee is obliged to pay a contractual penalty according to the Fee Schedule. In any case, the Lessee is also obliged to cover the actual costs incurred by the Lessor in order to retrieve the object of lease.
The Lessor is entitled to impose contractual penalties on the Lessee consistent with the Fee Schedule – in the event of finding damage to the returned vehicle. The Lessee may receive a payment summons with information regarding the amount due and an accounting document with the method of payment specified.
The Lessee authorizes the Lessor, in the event of termination of this agreement or failure to return the vehicle on time, to enter the Lessee’s premises and rooms for the purpose of taking over the vehicle, also through authorized third parties, at the Lessee’s expense.
Failure to return the car within the deadline consistent with the lease agreement (including using the car in the absence of the Lessor’s consent to extend the lease) – may be treated as misappropriation of the car (crime under Art. 284 of the Penal Code) and entitles the Lessor to submit a notification of a crime to law enforcement authorities. In such a case, the Lessor has the right to block the car and charge the Lessee with full costs related thereto. The above also entitles the Lessor to calculate a contractual penalty in the amount of three times the daily rent rate, established in the agreement, for each subsequent day of non-contractual use of the car. The Lessee is also responsible for theft and any damage to the car – arising after the designated return deadline (in the absence of the Lessor’s consent to extend the lease and lack of payment for the extension).
The Lessee is obliged to return the car in the same condition as at the time of its release, including in particular – clean inside and out, with the same amount of fuel as received upon collection of the car, and in the case of violation of the aforementioned obligation, the Lessee is obliged to pay a contractual penalty consistent with the applicable Fee Schedule. Furthermore, the Lessee acknowledges and agrees to the preparation of a unilateral vehicle acceptance protocol in a situation where they return a soiled vehicle and it is not possible to inspect it, as well as when the vehicle is returned by a person not listed in the agreement, or the vehicle is collected by the Lessor independently. In such a situation, together with the acceptance protocol, the Lessor will prepare appropriate photographic documentation.
In the case of loss of elements or equipment of the car, loss by the Lessee of the registration certificate, license plate, policy, keys, and the occurrence of damage as a result of improper use and securing of the car, the Lessee is obliged to pay a contractual penalty consistent with the Fee Schedule.
The Lessor does not refund costs for returning the car earlier than specified in the lease agreement, nor does it refund costs for surplus fuel in the tank.
VI. SERVICE, INSPECTIONS, AND REPAIRS
The Lessee acknowledges the necessity of making the car available to the Lessor for the purpose of performing periodic inspections (oil or warranty), at a place and time agreed with the Lessor. The Lessor covers the cost of inspection only within the territory of Poland. The cost of inspection in another country is covered by the Lessee, unless they previously agree on the performance of the inspection with the Lessor and obtain their consent. In the case of refusal to make the car available, the Lessee may be obliged to repair the damage, particularly regarding the costs of inspection, and in the situation of loss of warranty on the car, is obliged to pay a contractual penalty in the amount of up to 20% of the vehicle’s value.
The Lessee is not authorized to commission repairs, corrections, modifications, inspections, or other repair and maintenance activities of the rented car without the Lessor’s consent. The Lessee may repair the car on their own only after obtaining the Lessor’s acceptance regarding the place, scope of repair, and costs associated with it. In such a case, the Lessee is obliged to submit receipts for the service performed, return replaced parts, and submit a statement describing the circumstances of the breakdown.