CAR RENTAL TERMS AND CONDITIONS

Transcription

1 CAR RENTAL TERMS AND CONDITIONS Glossary: Anytime when in these Regulations there is a reference made to: 1. Renter - it should be understood as GTL-SERVICE Sp. z o. o. limited liability company seated in Pyrzowice, at the address ul. Wolności 90, registered in the National Court Register kept by the District Court in Gliwice, 10th Commercial Division of the National Court Register, under the KRS number , having the NIP (tax identification number) and Regon (Polish National Business Register Number) , 2. Renter s rental point - it should be understood as the commercial point of the Renter, located in the terminal B of the KATOWICE International Airport 3. Rentee - it should be understood as the party to the vehicle rental agreement, entitled to using the car, 4. Car - it should be understood as the car, the rental (commissioning) of which constitutes the object of the rental agreement concluded between the Renter and the Rentee within the framework of the obligations of the parties specified in the Regulations, 5. Regulations - it should be understood as these Regulations, 6. Agreement - it should be understood as the detailed agreement concluded between the Renter and the Rentee, including the detailed data of the Rentee and the car, the beginning date and duration of the rental, data of additional drivers, etc. 1 The minimum age of the renter, driving licence and documents for executing the rental agreement 1. The Rentee must be at least 21 years old and must be in possession of a driving licence, entitling him to drive passenger cars; such driving licence must be valid on the territory of Poland. 2. The Rentee must prove his identity using three documents, including at least two with a photograph, e.g.: driver s licence, identity card or passport, credit card. 3. The additional drivers specified in the rental agreement must be at years 21 years old. He must be in possession of a driving licence enabling him to drive passenger cars, valid on the territory of Poland. 4. The driver of the car may be only the Rentee and drivers specified in the rental agreement. 5. The Rentee bears responsibility for actions of other drivers as if they were his own actions. 2 Booking (conclusion of an agreement), object of the agreement, duration 1. The booking of a car must be made via telephone, fax, or website, or personally in the rental point of the Renter. 2. The booking must include personal data and contact details of the Rentee, vehicles class and forecast rental beginning date and duration, places and hours of collection and return of the vehicle. In case of companies, there must be additionally provided the data of the person collecting the vehicle and his/her contact details. The object of booking is a car belonging to a selected class of vehicles, not a particular specified model. 3. Cancellation of booking should be reported to the Renter at least 24 hours before the planned rental. 4. Non-collection of vehicle by the Rentee within the period, agreed upon by the parties, of up to 5 hours from the designated collection date causes termination of the rental agreement and cancellation of the booking. The advance payment made by the Rentee is not subject to reimbursement.

2 5. The rental agreement must be concluded in writing on pain of invalidity. 6. The Rental Agreement become effective as of the date of its execution and becomes terminated after expiration of the period indicated in the Rental Agreement. 7. The object of rental is a car belonging to a selected class of vehicles, specified in the booking. 8. At the moment of collecting the car from the Renter, all the risk related with using it pass onto the Rentee. Handing over of the vehicle will be certified by signing of the collection protocol by the Rentee. 9. The Rentee receives a technically operational vehicle, clean and refuelled, together with equipment according to the attachment and the damage protocol. 10. The Rentee undertakes to return the car at time and place specified in the Agreement, together with received equipment, refuelled in in unaltered condition. 11. In case of rental of the car for a period of one day, the returning of the car must take place at the point at which it was handed over. 3 Prolongation of rental 1. The intent to prolong the rental period should be reported at the rental point of the Renter, not later than 12 hours before planned return of the vehicle, and it requires each time the consent of the Renter. 2. The payment for rental agreement prolongation period will be calculated on the basis of the effective price list. 3. Non-reporting of the intent to prolong car rental and non-returning of the car within 12 hours from the moment of expiration of the rental agreement is treated like usurpation of the car, about which the Renter will inform the enforcement agencies, and will constitute basis for the Renter to: 1) encumber the Rentee with a contractual penalty stipulated in the price list, 2) encumber the Rentee with all the losses and negative consequences that will result for the Renter by virtue of such infringement of the Regulations, 3) charge payments for the period of wilful prolongation according to the price list. 4 Charges for rental 1. The rental payment is the price resulting from the price list. 2. The daily rental payment is charged for each started 24h. If the vehicle is returned after expiration of the concluded agreement, an additional payment will be charged according to the effective price list. There is allowed a one hour delay in returning the vehicle, the occurrence of which does not result in any additional charges for the Rentee. 3. The rental prices encompass insurance. 4. The fuel costs are incurred by the Rentee. The vehicle should be returned with such amount of fuel as it was received with. If the fuel amount is lower, the Rentee shall be charged with costs according to the effective price list. 5. In case of returning the car in other rental point there will be charged an additional fee of PLN Payment conditions, deposit 1. Payment for the envisaged rental period is collected in advance. 2. The payments may be made by means of payment card or cash. 3. The payment is made in the currency effective on the territory of Poland. 4. The Rentee is obligated to pay a deposit according to the effective price list. The Renter may credit the deposit towards the payables due to him at the moment of the vehicle being returned by the Rentee, and in particular towards:

3 1) deductible in motor insurance claims, 2) payables by virtue of damage occurred, the covering of which is charged from the Rentee, 3) costs related with refuelling of the vehicle, 4) additional services listed in the price list. 5. The deposit is returned in case when there occurred no premises entitling to charge the Rentee. 6 Insurance and deductible 1. The vehicle has the full third party and comprehensive coverage (OC, AC) scope of insurance, releasing (subject to the provisions regarding contractual penalties and other payments) from responsibility in case of collision and theft, subject to other provisions of these Regulations and with the exception of: 1) willful damaging of the vehicle, 2) damaging of the vehicle when driving intoxicated, after using drugs or psychotropic substances and/or driving without a valid driving licence, 3) damaging of the vehicle in case of exceeding the acceptable speed by at least 30 km/h or also in case of committing some other gross infringement of the driving regulations (in such case the Insurer reserves the deductible of the insured person or the Insurer s responsibility for the damage is fully excluded), 4) the case when the driver escaped from the place of the accident, 5) damage that occurred when person driving the vehicle was a person who was not authorized by the Renter to drive the car, 6) theft of the car as a result of which there were lost the keys and/or vehicle registration card of the stolen car - the whole cost is incurred by the Rentee; 7) theft of the car left in a dangerous location and/or without activation of all the anti-theft devices installed in it - the total cost is incurred by the Rentee; 8) a break-in as a result of which there was stolen the radio together with its panel - the total cost is incurred by the Rentee; 2. In cases indicated in the previous clause the damage is covered in total or in part by the Rentee. The Rentee is obligated to become acquainted with the provisions of the insurance policy, general conditions of the vehicle insurance agreements and changes in the general conditions of the vehicle insurance agreements and he should comply with the provisions included in the conditions, and in case of sharing the vehicle - to additionally instruct the persons driving the car about the obligations resulting from the above mentioned documents on pain of responsibility for the damage caused. 3. The vehicles have anti-theft security measures required by the insurance company. 4. The Rentee takes full material responsibility in case of car window being broken or malfunction of tyres. 5. The Rentee is responsible for damage to or worsening of the condition of the elements inside the vehicle (upholstery or other parts). 7 Responsibility and obligations of the Rentee 1. The Rentee bears full responsibility for any transgressions and any punishable acts committed by himself and by the drivers specified in the rental agreement when using the vehicle. In case when the presumptive penalties, charges, fines, etc. are covered using the assets of the Renter, the Rentee is obligated, at written call of the Renter, to reimburse to the Renter all the costs incurred by the Renter related therewith, including the cost of penalties, charges, fines, etc., the cost of wire transfer or other form of payment and cost of correspondence. 2. The Rentee is obligated to take special care of the vehicle. 3. When using the vehicle the Rentee is obligated to: 1) have with himself valid documents required by the road traffic inspection (driving licence, vehicle registration card, third party insurance (OC) policy, vehicle rental certificate and medical certificate, if required

4 - all valid and recognized on the territory of the Republic of Poland), 2) secure the vehicle against theft (close the vehicle and activate all the anti-theft devices each time, secure diligently the vehicle documents and keys outside of the car, leave the vehicle in a safe place, in an attended car park if possible), 3) perform everyday vehicle condition inspection, 4) if necessary - to refill at his own expense and effort the shortages resulting from ongoing operation or normal consumption (windscreen washer liquid, appropriate tyre air pressure), 5) use in the vehicle the type of fuel that is compliant with the engine specification provided in the vehicle registration card and in the vehicle technical documentation, 6) maintain the vehicle in due cleanliness. 4. It is forbidden to: 1) tow other vehicles, trailers or other items using the vehicle, 2) exceed the acceptable load-carrying capacity, 3) smoke tobacco in the vehicle, 4) drive the car under influence of alcohol or other substances having similar effect, prohibited in the Polish law, 5) transport animals without a special container, 6) perform any alteration or other changes in the vehicle that are not compliant with its characteristics and intended use, 7) use the vehicle in races, rallies, contests or in away way that is against the law, 8) use the vehicle for driving lessons or other form of training, 9) perform commercial transport of persons and items, unless the Renter consents to that by signing an appropriate Annex to the Rental Agreement with the Rentee; 10) transport substances and items that may, due to their smell or properties, cause damage to the vehicle and cause the Renter to lose time and incur additional costs before it is possible to rent the vehicle again; 11) affix any advertisement or informative materials to the vehicle without written consent of the Renter; 12) leave the vehicle keys and documents in the vehicle when the Rentee is not inside the vehicle. 5. In case of violating the provision of the preceding clause, the Rentee is obligated to pay a contractual penalty in the amount specified in the Price List. 6. In case of introducing in the vehicle any changes mentioned in clause 4 item 6 above, the Renter reserves the right to charge the Rentee with the costs of returning the vehicle to its previous condition and to seek payment for loss of value of the vehicle caused by such alterations. 8 Handover and return of the vehicle 1. The Rentee is obligated to undergo a detailed training related with operation of the vehicle. The Renter may refuse to hand the vehicle over if the training did not take place. In such situation the costs related with delay in issuing of the vehicle and the delay period are incurred by the Rentee. 2. All the comments regarding the technical condition of the vehicle should be reported by the Rentee to the Renter at the moment of rental commencement, that is, in the protocol from handover of the vehicle to the Rentee. 3. Issuing and return of the vehicle takes place on the basis of the handover protocol signed by the Rentee and the Renter when the car is collected and returned. 4. The return of the vehicle should be performed in the working hours of the Renter s rental point. 5. Returning the vehicle outside of the working hours of the rental point is possible only in the rental point of the Renter by leaving the vehicle on a specified parking place at the rental point and putting the keys and the documents of the car to the return box located on the side wall of the rental point. Returning of the vehicle in the mode specified by this clause takes place with the Rentee being responsible for conducting it. 6. If the vehicle is returned outside of the rental point of the Renter or in a place other than that established at the moment of commencement of rental, the Renter is entitled to charge the Rentee with the costs of transporting

5 the vehicle to the place of return established by the parties. 7. In case of delay in returning the vehicle the Rentee is obligated to pay a contractual penalty in the amount specified in the price list per each day of delay in returning the object of rental. In case of lack of timely return of the vehicle, the Renter is entitled to collect the vehicle, keys, insurance policy and vehicle documents from the Rentee and to charge the Rentee with the whole of the costs incurred in order to collect the vehicle. 8. Immediately after the vehicle used by the Rentee being returned of exchanged or after the Renter receives the insurer s decision stating that the insurer refuses to pay compensation, the Renter reserves the right to charge the Rentee with the following costs: 1) costs of lacks in the vehicle equipment or lacks of vehicle parts described in the handover protocol and the costs of compensation for excess wear of the exterior or interior of the vehicle, 2) damage caused by improper use of the vehicle or negligence of the Rentee, not resulting from risks encompassed by the insurance policy (e.g. damaged rear-view mirrors, broken lights, minor damage to vehicle body elements); 3) the costs of actual damage, not reported at the moment of its occurrence, in situation when the Renter does not obtain - despite due diligence - the compensation from his insurance company, and the reasons for the effective refusal to pay the compensation are caused by the Rentee; 4) costs of removal of other damage and costs of bringing the vehicle back to the conditions corresponding to the one resulting from normal wear; 5) damages for loss of value of the vehicle due to collision or accident in case when the cause of the accident was wholly or partially on part of the Rentee, a person driving the vehicle or a passenger of the vehicle, or for loss of value of the vehicle as a result of performing any alteration or other changes incompatible with the intended use of the vehicle without the consent of the Renter. 9. The Rentee is responsible for lack of parts and equipment, as well as for damage attributable to him that was caused by improper operation and securing of the car and for loss of documents. 10. In case when the Rentee loses the vehicle registration card and/or insurance policy and/or keys for the car and/ or additional equipment, the Rentee will be charged with fees according to the Price List. 9 Substitute vehicle 1. The Rentee is obligated to inform the Renter immediately about a vehicle breakdown and undertakes not to use it in case when the vehicle is not in condition that allows driving. 2. If the damage to the vehicle is unambiguously found by the technical service to have occurred as a result of improper use of the vehicle by the Rentee (e.g.: damage to the rims, tyres, gearbox blockage, burned clutch, engine seizure, damage of back lining by driving with engaged manual brake, dirtied upholstery, damage to fixed elements inside the vehicle), the Renter reserves the right to charge the Rentee with all the vehicle repair costs. 3. If the Rentee hid or kept secret from the Renter any damage caused during operation of the car, the Renter reserves the right to charge the Rentee with all the costs of repairing the damaged elements. 4. Any repairs of the vehicle performed by the Rentee without prior consent and approval of he Renter will be treated as damage caused by improper use of the vehicle by the Rentee. 5. In case of breakdown of the rented vehicle, collision, traffic accident or some other event that makes it impossible to continue travelling, the Rentee may apply for being provided a substitute vehicle. The substitute vehicle should, to such an extent as it is possible, be of the standard corresponding to the standard of the original vehicle. In case there is no possibility of issuing a substitute vehicle, the cost for unused rental period will be reimbursed to the Rentee. The Rentee is not entitled to any other claims towards the Renter. 6. The Renter is not obligated to provide a substitute vehicle for the Rentee in case when the damage that occurred in the vehicle is to be reckoned within the framework of the comprehensive insurance (AC) of the vehicle. 7. The Renter bears no responsibility for delays and losses of the Rentee caused by vehicle malfunction or other circumstances. 8. In case of evident fault of the Rentee (e.g. driving when intoxicated, lack of carefulness, bravado), the repair

6 period will be treated as continuation of the rental agreement with all the financial and legal consequences thereof. 10 Foreign travels 1. The vehicle is rented for travelling on the territory of Poland. 2. In case when the Rentee intends to drive outside of the territory of Poland, it is required that he obtains a written consent of the Renter. 3. The Renter does not grant consent for travelling to regions that he considers being in the state of war or endangered by war. 4. In case when consent is given for driving outside the territory of Poland, the Rentee is obligated to pay a larger deposit in the amount specified in the price list. 11 Procedure in case of thefts, collisions, accidents or other sudden events 1. In case of a theft of or a break into the vehicle the Rentee is obligated to immediately notify the Renter about this fact under the phone number: and to notify the Police under the number 112 or In case of collision or traffic accident the Rentee is obligated to: 1) fill in the declaration print (JOINT TRAFFIC ACCIDENT REPORT) and send it to the Renter via fax to the number +48 (32) or via message (with attached scanned image or photo of the report) sent immediately to the address: carrental@gtlservice.com.pl. The filled-in original copy of the report including signatures should be handed over to the Renter when returning the vehicle or sent via registered mail to the Renter. 2) not leave the vehicle without supervision or security. 3. In case when there are injured persons - there should be additionally called the ambulance. 4. In case of all the above mentioned events, and also at the moment of losing the keys or documents or theft of licence plates, the Rentee is strictly obligated to notify/call the police and notify the Renter immediately. The Rentee is strictly obligated to demand drafting of the appropriate protocol by the police. 5. A photographic documentation (made using a mobile phone or camera) should be made if possible. 12 Other information 1. The Rentee agrees for his personal data to be stored in the documents of the Renter. 2. Any presumptive disputes resulting from the above agreement shall be settled by the Court having proper jurisdiction over the seat of the Renter. 3. In case of non-compliance with the rental agreement conditions, the Renter is entitled to communicate the personal data of the Rentee to the law enforcement authorities. 4. In any case when under the provisions of the Regulations, agreement or other understandings between the Renter and the Rentee, the Rentee is obligated pay in aid of the Renter a contractual penalty, if the damage that occurred is higher than the due contractual penalty, the Renter may seek from the Rentee a compensation exceeding the amount of the stipulated contractual penalty.