REGULATIONS
§ 1 GENERAL PROVISIONS
1.These Regulations (hereinafter referred to as the Regulations) define the general terms and conditions of car rental agreements concluded by: V.I.P. CARS Krzysztof BEREŚNIEWICZ with its registered office in Warsaw at ul. POWSIŃSKA 72 C lok.33, as part of the services provided by the Car Rental in any way. The Regulations apply to all rental contracts, unless the contract provides otherwise.2. The Regulations are an integral part of the rental agreement. In the event of discrepancies between the Regulations and the contract, the provisions of the contract shall apply.
§ 1 GENERAL PROVISIONS
1.These Regulations (hereinafter referred to as the Regulations) define the general terms and conditions of car rental agreements concluded by: V.I.P. CARS Krzysztof BEREŚNIEWICZ with its registered office in Warsaw at ul. POWSIŃSKA 72 C lok.33, as part of the services provided by the Car Rental in any way. The Regulations apply to all rental contracts, unless the contract provides otherwise.2. The Regulations are an integral part of the rental agreement. In the event of discrepancies between the Regulations and the contract, the provisions of the contract shall apply.
2. The requirements indicated in par. 1 are valid for the entire duration of the rental agreement. If it is found that the Lessee and/or the person entered in the lease agreement do not meet the above requirements, the Lessor will be entitled to terminate the lease agreement
5. The Lessee shall ensure that the provisions of the Regulations and the rental agreement applicable to him are also observed by persons authorized by the Lessor to drive the vehicle under pain of the Lessee’s liability for any damage incurred by the Landlord.
immediately and retain the deposit paid by the Lessee.
3. The Lessee guarantees that he has full legal capacity and that no proceedings are pending against him that could lead to deprivation of his license to drive a motor vehicle.
4. The rented vehicle may be driven by a person meeting the requirements specified in section 1, listed in the rental agreement as the driver or by a person authorized in writing by the Lessor to drive the vehicle. The rented vehicle may not be
subleased or given to another person for use without the prior written consent of the Lessor. The rented vehicle may also not be given by the Lessee for use to a person not mentioned in the rental agreement as the driver of the vehicle.
5. The Lessee shall ensure that the provisions of the Regulations and the rental agreement applicable to him are also observed by persons authorized by the Lessor to drive the vehicle under pain of the Lessee’s liability for any damage incurred by the Landlord.
6. The Lessee will each time familiarize the person driving the vehicle with the rules of proper vehicle operation.
7. The Lessee undertakes to comply with the provisions of these Regulations and the lease agreement.
§ 2 LESSEE AND THEIR RIGHTS
The lessee of the car and the person authorized to drive the rented car may be a person who has reached 21 years of age, possesses a valid personal identification document (passport), and holds the necessary qualifications to operate the rented vehicle.
The requirements stated in paragraph 1 apply throughout the entire duration of the rental agreement. In the event that the Lessee and/or the person listed in the rental agreement fail to meet the aforementioned requirements, the Lessor shall have the right to terminate the rental agreement immediately and retain the security deposit paid by the Lessee.
The Lessee guarantees that they possess full legal capacity and are not subject to any proceedings that could lead to the revocation of their driving privileges for motor vehicles.
The rented vehicle may be driven by a person who meets the requirements outlined in paragraph 1 and is listed in the rental agreement as a driver, or by a person who has been authorized in writing by the Lessor to operate the vehicle. The rented vehicle must not be subleased or provided for use to another person without the prior written consent of the Lessor. The Lessee is also prohibited from allowing the use of the rented vehicle by a person not listed in the rental agreement as an authorized driver.
The Lessor may grant authorization to another person to operate the vehicle after the original documents confirming that the person meets the criteria specified in the Regulations have been submitted to the Lessor. Granting such authorization, as mentioned in the preceding sentence, does not require an addendum to the rental agreement.
The Lessee shall ensure that the provisions of the Regulations and the rental agreement binding on them are also adhered to by persons authorized by the Lessor to drive the vehicle, under the penalty of the Lessee’s liability for any damages incurred by the Lessor.
The Lessee shall instruct each driver of the vehicle about the rules of proper vehicle operation on each occasion.
The Lessee undertakes to comply with the provisions of this Regulation and the rental agreement.
§ 3 CONTRACT PERIOD
1. The contract is concluded for a definite period, each time indicated therein. The Lessee is obliged to return the vehicle on the date and time and at the place specified in the Agreement. The condition for renting a vehicle is to pay a deposit according to the rate established on the date of conclusion of the contract. The amount of the deposit depends on the class of the rented vehicle. The deposit secures the proper performance of the contract by the Lessee, including all amounts due to the Lessor under the contract, and in particular receivables for rent, contractual penalties, additional fees.
1. The contract is concluded for a definite period, each time indicated therein. The Lessee is obliged to return the vehicle on the date and time and at the place specified in the Agreement. The condition for renting a vehicle is to pay a deposit according to the rate established on the date of conclusion of the contract. The amount of the deposit depends on the class of the rented vehicle. The deposit secures the proper performance of the contract by the Lessee, including all amounts due to the Lessor under the contract, and in particular receivables for rent, contractual penalties, additional fees.
2. The duration of the contract may be extended with the prior consent of the Lessor. The intention to extend the vehicle rental period must be reported to the Lessor at least 12 hours before the end of the return date set in the contract and payment in advance of the rental fee for the additional, extended rental period by bank transfer to the bank account indicated by the Lessor.
3. If the vehicle is not returned within the period specified in the Agreement, the Lessee undertakes to pay a contractual penalty in the amount specified in the Agreement, which is charged for each commenced day of delay. This does not disable the permission the Lessor to claim damages on general terms.
§ PAYMENT
1. On the day of renting the vehicle, the Lessee is obliged to pay remuneration (rent) and pay deposits to the Lessor.
A. PRE-AUTHORIZATION. We block the means of payment on the Lessee’s payment card for later payments. Therefore, the Lessee is obliged to provide sufficient funds on the card. Any payment will be collected after the end of the rental period. In the case of payment by another card, it must be remembered that it may take up to 14 days for the Lessee’s bank to release the funds.
B. Payment in a currency other than the one in force in Poland results in currency conversion by the bank and may be less favorable 2. On the day of returning the vehicle, the Lessee is obliged to pay any contractual penalties listed in these regulations and the rental agreement, unless the Agreement provides otherwise. In special cases, the Landlord may establish other terms and payment terms.3. On the day of returning the vehicle, the Lessee is obliged to pay additional fees and any other charges resulting from the provisions of these regulations and the rental agreement.
4. In the absence of timely payment for the vehicle rental, at least for one payment period, the Lessor may, without an additional request to the Lessee for payment and without setting an additional payment deadline, terminate the agreement with immediate effect and charge the Lessee with statutory interest for each day payment delays.
5. All activities related to the collection of receivables due to the Lessor under the lease agreement may be carried out both by the Lessor himself and by a third party acting on his behalf, indicated each time agreement.
6. Pre-authorization. We block the means of payment on the Lessee’s payment card for later payments. In connection with the above, the Lessee is obliged to ensure sufficient funds on the card.
§ 5 COLLECTION OF THE VEHICLE
1. The Lessee receives the vehicle described in the Agreement.
2. The car is in perfect technical condition at the time of collection. The fuel tank is filled to the extent indicated on the first page of the Agreement.
3. The Lessor confirms that the vehicle put into use by the Lessee is in a condition enabling proper operation, in accordance with the Manufacturer’s instructions.
4. The Lessee rents a vehicle that has been cleaned both from the outside and inside.
§ 6 LIABILITY DISCLAIMER
1. The Lessor is not responsible for items transported, lost, left in the subject of the lease, any fees (in particular parking fees and fines) imposed due to the fault of the Lessee in connection with the use of the item lease.
2. The Lessor is not liable to third parties for any claims for damages resulting from damage caused by the Lessee or the person driving the subject of the lease during the lease period. Additionally, the Landlord reserves the right to send a notification to the Lessee about a traffic offense after the end of the Agreement. At the same time, the Lessor is entitled to provide the competent authority with this of the Agreement, indicating the perpetrator and, at the same time, the payer of the indicated offense committed during its duration.
§ 7 OBLIGATIONS OF THE LESSEE
A. The Lessee is obliged to:
1. Use the vehicle for its intended purpose, in a manner consistent with the terms of this Agreement,
2. Carrying valid documents required by road traffic control (driving license valid and recognized in the territory of the Republic of Poland, registration document, liability insurance policy, car rental certificate),
3. Driving the vehicle personally, deviation from this rule is possible only after obtaining the written consent of the Lessor, the Lessee bears full financial responsibility for any damage caused by the person to whom he handed over the vehicle,
both in the rented vehicle and for any damage caused to third parties. In addition, in the event of such damage, the Lessor has the right to choose whether to liquidate the damage with AC or at the expense and risk of the Lessee. If shared by
the Renter of the rented car to a person who does not meet the requirements provided for in §2 of the Regulations or who is not indicated in the contract as a person authorized to drive the vehicle or to a person to whom such authorization was not granted by the Lessor, The Landlord will keep the deposit paid by the Tenant,
4. Using the type of fuel in cars in accordance with the engine specification provided in the registration certificate and in the technical documentation of the vehicle,
5. Return the vehicle with the condition of the fuel tank as received on the day of concluding the contract. The cost of fuel used during the rental is covered by the Lessee. If the car is returned with an incomplete tank, the Customer will be charged a fee equal to twice the lack fuel,
6. Use the vehicle in accordance with its intended purpose, with due diligence in the field of vehicle operation,
7. Regular inspection of the technological and operational condition of the vehicle (daily checking the level of oil and cooling liquid, brake fluid, washer fluid level and checking the lighting), each time making sure that that it meets all the conditions necessary for safe driving. In the event of a control lamp appearing on the dashboard, the Lessee is obliged to notify the Lessor,
8. Vehicle protection against theft,
9. Locking the vehicle and activating alarms and locks each time,
10. Use the car only on the territory of Poland, unless the contract provides otherwise,
B. In particular, the Lessee is prohibited from:
1. Driving a car under the influence of alcohol, drugs or other intoxicants causing disturbances of consciousness,
2. Carrying anything that could damage or significantly soil the interior of the vehicle,
3. Smoking in the car,
4. Making modifications or other changes in the rented car contrary to its properties and intended use without the Lessor’s consent,
5. Use the rented vehicle in competitions, rallies or other sports events,
6. Towing other vehicles with a rented vehicle,
7. Exceeding the maximum load capacity of the vehicle specified in the registration document,
8. Carrying any animals in a rented vehicle C. In the event of a breach of the provisions of para.
B points 4 and 5:
1. The tenant will be deprived of the deposit for the car.
2. In the case of making changes to the rented vehicle referred to in sec. B point 4. The Lessor reserves the right to charge the Lessee with additional costs of restoring the previous state and demanding payment for the loss of value vehicle caused by modifications.
3. In the case of the Lessor’s consent to travel abroad, the Lessee is obliged to purchase additional assistance insurance in foreign traffic at his own expense.
4. In the event of damage, destruction or loss of the car, pay the Lessor appropriate compensation within 7 days from the date of the Lessor’s request, unless the damage is covered by the insurer under the policy insurance.
5. In the event that the rented vehicle fails, is damaged, destroyed or stolen, the Lessee is obliged to immediately notify the Lessor and the Police about it in order to provide all information regarding the circumstances and witnesses and drawing up an appropriate protocol regarding the circumstances of the event. If a defect may pose a threat to traffic safety, it is forbidden to continue driving until it is removed. The landlord has the right to immediate termination of the Agreement in the event of a violation of the provisions of this Agreement.
6. If the damage to the vehicle occurred as a result of a road accident, the Lessee is obliged to call the Police to the scene, secure the vehicle and immediately inform the Lessor of this fact.
7. The Lessee bears full responsibility for damage to the vehicle caused by him (including, among others, for breaking the window, tire failure not being the result of a factory defect, damage to the upholstery or other parts of the vehicle). The Lessee thus authorizes the Lessor to charge himself for the resulting damages. In addition, the Lessee undertakes to cover the costs of parking fees, possible costs of towing the vehicle or fines and other costs resulting from the Lessee’s violation of traffic regulations.
§ 8 RETURN OF THE VEHICLE
1. The Lessee, after the end of the rental agreement, is obliged to return the vehicle at the place and time specified in the Agreement.
2. The Lessee may return the car in a different place after prior arrangement with the Lessor and incurring additional costs, if any.
3. The Lessee will return the vehicle with the amount of fuel he received from the Lessor or pay the equivalent of the missing fuel on the day of return, according to the prices applicable on the day of returning the vehicle. In case of doubt, the vehicle is considered to be at the time of its release The tenant had a full tank of fuel. If the Lessor needs to supplement the missing fuel, the Lessee shall pay a contractual penalty of 50% of its value. The cost of fuel used during the rental is covered by the Lessee.
4. The Lessee shall return the vehicle in a non-deteriorated condition, together with all documents and items issued with the vehicle. In the absence of a complete set of documents, the Agreement will be treated as extended until new ones are issueddocuments with the proviso that the vehicle is immediately returned to the Lessor’s possession.
5. The Lessee will return the vehicle cleaned both from the outside and inside or pay on the day of returning the vehicle the equivalent of the cost of cleaning the car outside and inside. In case of doubt, the vehicle is considered to be at the time of its release The tenant was clean inside and out.
6. Failure to report the intention to extend the car rental and failure to return the car within 24 hours from the end of the rental agreement is treated as misappropriation of the car and will be immediately reported to the Police.
§ 9 OBLIGATIONS OF THE LESSOR
1. The Lessor, in the event of immobilization of the rented vehicle for a period longer than 4 hours, will provide the Lessee with a replacement car, if possible. The Lessee does not pay an additional fee for the period of waiting for a replacement car for car rental.
2. A courtesy car is not available in the case of:
A) loss of the registration document and/or insurance policy and/or keys to the rented vehicle due to the fault of the Lessee,
B) damage to the vehicle due to the fault of the Lessee, the other driver or a person authorized by the Lessee,
C) immobilization of the rented vehicle outside the territory of the Republic of Poland,
D) parking damage and acts of vandalism.
§ 10 FINAL PROVISIONS
The rental company does not refund money paid in advance for booking a car. The reservation is completed, booked, invoiced. The customer can use the money paid in any future period after setting the next free date. In the case of concluding a fixed-term contract between the Rental Company and the Rentee: when the Renter fails to meet the payment deadline(s) set before signing the contract or the Renter arbitrarily shortens the previously agreed vehicle rental period without paying fees until the end of the contract, the Rental Company has the right to deduct the entire deposit or charging the Tenant with a contractual penalty in the amount of x monthly rent remaining until the period of the signed contract. The Lessee agrees to the processing of his personal and registration data by the Lessor for purposes related to the performance of the car rental agreement in accordance with the Act of August 29, 1997 on the protection of personal data (i.e. Journal of Laws of 2010, No. 229, item 1497 as amended).
The Lessee agrees to issue a VAT invoice without requiring his signature. At the same time, the Lessee declares that he is the person authorized to receive the invoice and sign declarations of will on behalf of the company of which he is an employee. He also undertakes to cover all costs related to the VAT invoice issued to himself, his company or another third party – including the company in which he works.
This document is the property of the Lessor. Its duplication, transfer and copying, in part or in whole, without the written consent of the Lessor is prohibited.
Any changes and additions to this Agreement must be made in writing under pain of nullity.
In matters not covered by this Agreement, the Civil Code will apply.
Any disputes under this Agreement will be settled by the court competent for the Landlord.
All prices listed in the regulations and on the website www.limuzyny-mercedes.pl are net prices.
ANNEX TO THE REGULATIONS – FEES, ADDITIONAL FEES, DEPOSIT AND CONTRACTUAL PENALTIES
I. Fees and Deposit
1. The fee for the rental period is paid in advance at the rate applicable on the date of conclusion of the contract, unless the parties have agreed on a different form of settlement.
2. Prices of daily rates and the amount of the deposit can be found in the price list on the website www.limuzyny-mercedes.pl
3. The Lessor reserves the right to withdraw from collecting the deposit and to deduct from the amount of the deposit paid the amounts due for the use of the car by the Lessee. The unused deposit is returned to the Lessee upon return vehicle
II. Additional fees
The Lessee pays additional fees in the case of:
1) handing over the car between 10:00 p.m. and 6:00 a.m. service fee – PLN 100.00.
2) returning the car between 10:00 p.m. and 6:00 a.m. – service charge – PLN 100.00.
3) providing the car or collecting it outside Warsaw, depending on the distance – PLN 150.00 to PLN 200.00.
4) return of the car with an incomplete tank – the cost of the missing fuel plus 50% of the value of the missing fuel.
5) exceeding the kilometer limit – for each kilometer exceeded in accordance with the agreed fee for a given car.
6) charging the Lessor by the lessor with a fee for providing, at the request of law enforcement or administration authorities, written information about the person using the car. The lessee then pays a fee of PLN 100.
7) travel by car with the consent of the Lessor abroad of the Republic of Poland to the territory of the EU – PLN 500, to countries outside the EU, loss of the deposit + PLN 50,000.
III. Contractual penalties
A. The Lessee is liable for contractual penalties for:
1. No registration certificate, no insurance policy – PLN 500.00
2. No registration plate – PLN 500.00
3. No registration sticker on the windshield – PLN 500.00
4. Each day of stoppage caused by making the above-mentioned items – PLN 150.00
5. No key with the central locking remote control – PLN 2,000.00
6. Smoking in the car – PLN 1,000.00
7. Making the car available to an unauthorized person – PLN 2,000.00
8. Fee for delay in return up to 3 hours – PLN 100.00
9. Return of a dirty car (inside) – PLN 250.00
10. Disassembly of a part of the car’s equipment or making other alterations or changes – PLN 30,000.00
11. Loss of the car warranty due to the Lessee’s fault – PLN 5,000.00
12. Refueling the car with the wrong type of fuel – PLN 5,000
13. Delay in returning the vehicle for more than 3 hours: double the daily rate set in the contract for each day of delay
14. Replenishment of missing fuel: cost of fuel + 50%.
15. Towing other vehicles with a rented car: PLN 1,000Moving the rented vehicle across the border of the Republic of Poland requires the Lessor’s consent expressed in writing under pain of nullity. In the event of violation of the above prohibition, the Lessee shall pay a penalty in the amount of PLN 1,000.00 net for each day of the vehicle’s stay outside the territory of the Republic of Poland. Notwithstanding the foregoing, the Lessor has the right to terminate the contract with immediate effect without observing the form in writing.
C. In the event of damage to the vehicle by the customer caused by driving under the influence of alcohol, he will be charged with the costs of repair, collection of the car as well as the costs for parking the car for this reason at the rental rate for every day.
D. In the event of damage to the vehicle by the customer, he will be charged up to PLN 25,000 in the event of a total loss or loss of the deposit and the cost of parking the car for this reason at the rental rate for each day.
E. The Lessee is liable in the full amount of damage in the following cases:
1. Driving a car while intoxicated, under the influence of drugs or other intoxicants or without a valid driving license,
2. Damage resulting from intentional action, omission or gross negligence,
3. Leaving the scene of an accident or collision,
4. Refusal to pay compensation by the insurer due to the fault of the Lessee,
5. The Rentee’s failure to return the registration document or a set of keys after the theft of the car.
F. If the damage suffered by the Lessor exceeds the contractual penalty, the Lessor is entitled to demand payment of supplementary compensation.