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Vehicle renting terms

General terms of car rental by Comfortrent Sp. z o.o.

The arrangements and terms below determine in detail the rights and obligations of the rental agreement, which subject is rental of a car (vehicle) specified in the rental agreement concluded between the Client (also referred to as “Renter”) and the authorized agent of Comfortrent Sp. z o.o. with its registered seat in Kryspinowie 97a, 32-060 Liszki, nr NIP: 944 224 78 60, nr REGON: 360908210, referred to in the agreement as “Comfortrent” or “Lessor.

  1. 1. Legal aspects, Client’s position, terms and conditions

1.1. The subject of the agreement with Comfortrent is exclusively rental of a car (also referred to as vehicle) along with optional additional accessories.

1.2 The subject of the agreement is vehicle that is part of a group of vehicles, which was ordered, and not the exact type or make of vehicle.

1.3. The rental agreement specifies the rights and obligations of both parties, i.e. Comfortrent and the Client, whereas all unsettled issues are regulated by these general terms and the Civil Code, or provisions specified in separate contracts, in which the Client is a party, which influence the rights and obligations of the Parties, in particular assistance type contracts (hereinafter called separate contracts.)

1.4. In the case of rental of the same car by several persons, they are jointly responsible.

  1. 2. Minimum age of the Renter, driver’s license, documents for signing the rental agreement

2.1. The car may be driven only by the Renter or a person indicated by him/her and included in the agreement as a driver. The Renter is responsible for activity of other drivers to the same extent as for his/her own. The driver has to possess:

– in the case of rental of Mini and Economic class cars, he/she has to be at least 21 years old and hold B category driver’s license for at least one year.

– in the case of rental of Compact class cars, he/she has to be at least 23 years old and hold B category driver’s license for at least one year.

– in the case of rental of Family, Family Premium, Premium, Luxury, Minivan, SUV, Hybrid, Delivery and other class cars, he/she has to be at least 28 years old and hold proper category driver’s license for at least three years.

2.2. The Renter is obligated to show to the Lessor, the latest on the day of signing the rental agreement and release of the subject of the agreement, documents confirming meeting of the conditions specified in section 2.1. above, which means that in the case of indicating as a driver a person different than the Renter, he/she should present documents (copies) of this person, including driver’s license.

2.3. In order to sign the rental agreement and to release the subject of the agreement the Renter should present two documents confirming his identity or in the case of companies, an extract from the KRS business register (dated no later than 3 months) as well as two identity documents of person/persons authorized to represent the company.

  1. 3. Use, limitations of use.

3.1. The Renter receives a car in a good working order, without defects and any breakdowns (any comments regarding its technical condition, interior and exterior look, visible damages are contained in the Transfer and Return Protocol, which constitutes an integral part of the agreement).

3.2 The Renter undertakes to use the Vehicle according to its designation, properties and instructions of the manufacturer (specified in, among others, Vehicle Manual contained in every car or available in any Comfortrent), guidelines of the Lessor, as well as in accordance with the Rules of the Road and traffic regulations. The Lessor cannot utilize the vehicle for purposes that go beyond the terms and conditions contained in the rental agreement, general terms of rental, in particular for purposes not related to regular use of the subject of the rental agreement, including car rallies, car tests, transport of flammable goods, poisonous and hazardous materials, assistance in illegal activity, even when it’s not penalized with imprisonment.

3.3 The Renter undertakes to care for the Vehicle and maintain it in good condition, in particular as regards the properties of the Vehicle, its exterior and interior look, and requirements specified by legal regulations. Good condition of the Vehicle means the condition that is no worse than on the day of its release, taking into consideration its wear resulting from proper usage. The Renter is obligated to pay a contractual penalty in the amount specified in the Lessor’s pricelist for soiling the car interior.

3.4. One shall observe any irregularities related to technical operation of the vehicle. The Renter is obligated to inspect the vehicle on regular basis – daily checkup of oil level, coolant and brake liquid as well as checking all lights and to make sure that the vehicle meets conditions necessary for safe driving. In the case of illumination of any control light on the panel, the Client is obligated to notify the Lessor by calling the following phone number +48 601 475 563.

3.5. The Renter is not entitled to transfer the car to a third party for free usage or sublet.

3.6. Smoking and transport of animals is forbidden in the car. In case of violation of any of the bans mentioned in the sentence above, the Renter is obligated to pay to the Lessor a contractual penalty in the amount of gross zł 400.

3.7. Driving the car under the influence of alcohol or other intoxicating substances is absolutely forbidden.

3.8. The vehicle can only transport the number of people specified in the vehicle registration card. It is not allowed to transport goods above the specified load, flammable materials or luggage soiling the subject of rental; towing of other vehicles or trailers is not allowed as well.

3.9 The Renter is obligated to properly protect the car against theft, break-in and other similar threats (in the way customarily foreseen); in particular, one shall not leave car documents and keys in the vehicle; it is necessary to lock the car in a proper way.

3.10. The Renter, without the previous approval from the Lessor in writing, cannot change the designation of the vehicle or to make any changes in the vehicle, in particular install any additional accessories.

  1. 4.Fees for rental, insurance, costs

4.1. Rental fee (rental payment) is specified each time in the rental agreement and prepaid.

4.2. The vehicle is insured, it has automobile liability insurance, collision and theft insurance, and accident insurance.

4.3. However, the vehicle insurance coverage does not include all damages; in particular, it does not cover damages caused by:

  1. a)      hit and run accident,
  2. b)     making a false statement regarding place, time, circumstances and reasons for damage occurrence,
  3. c)       driving the vehicle under the influence of drugs or psychotropic substances and without a valid driver’s license,

4.4. The insurance coverage does not include vehicle theft when the Renter does not return the car keys or/and documents, when the vehicle was not properly protected against theft and break-in. In this case, the Renter is liable based on the principles specified in section 7.2.

4.5. The Renter undertakes to cover any costs related to the car use and operation, in particular the cost of fuel, lubricants and technological fluids, fees and other burdens related to the possession and use of Vehicle, as well as parking fees, traffic tickets, proceedings regarding violations, criminal and civil, related to the possession and use of Vehicle by the Renter as well as other costs indicated in these terms, including repairs, for which the Renter is responsible.

4.6. The Vehicle is transferred to the Renter with a full tank, clean inside and outside, and it has to be returned in the same condition, i.e. clean and with a full tank. Otherwise, the Renter will be obligated to pay to the Lessor a contractual penalty in the amount calculated as a product of fuel liters needed to fill up the car and the amount resulting from the Lessor’s pricelist for a liter of fuel; when the Renter returns a car that is dirty, he will be obligated to pay a contractual penalty in the amount indicated on the current pricelist of the Lessor (on the day of signing the agreement).

4.7. When the Renter won’t return the Vehicle on the day specified in the agreement (except section 4.8), he/she will be obligated to pay to the Lessor a contractual penalty that amounts to 300% of the daily fee for every commenced day; regardless of that, the Lessor (or authorized person/entity) is entitled to activities specified in section 10.3.

4.8. Extension of the rental period is possible after receiving an approval from the Lessor and prepayment of rental fee – for extended rental period – wiring money to the Lessor’s banking account or paying with a credit card in the Lessor’s registered office. When the Client does not meet the conditions mentioned in the previous sentence, the Lessor (or authorized person/entity) is entitled to activities specified in section 10.3.

4.9. Due to the fact that the agreement was signed for a specific time, even when the vehicle is returned earlier by the Renter before expiration of the agreement or is picked up later, the fee for car rental has to be paid in full for the entire period of rental specified in the rental agreement. The amount that is already paid for unutilized rental period is not subject of reimbursement.

  1. 5. Terms of payment, deposit.

5.1 In the case of making payment in the form of wire transfer, the date of payment is the date of arrival of funds on the Lessor’s bank account.

5.2. Deposit for securing any claims of the Lessor to the Renter is specified in the agreement, and its amount depends on the vehicle class.

5.3. Deposit is subject to reimbursement, except the next sentence, after proper car return and correct performance of the rental agreement. The deposit will be decreased by any expenses, costs, fee for downtime, contractual penalties and damages related to noncompliant performance of the agreement by the Client, which is approved by the Renter.

5.4. The Renter is obligated to pay rent and other fees, contractual penalties with a credit card or by wire transfer (ahead of time) to the Lessor’s bank account, unless otherwise specified in separate agreements.

5.5. The deposit is paid by one credit card protected by PIN (or two credit cards for vehicle all classes cars), unless otherwise specified in separate agreements.

  1. 6. Withdrawal from the agreement and termination

6.1.The Lessor has the right to terminate the rental agreement with immediate effect (by phone or by sending a text message), when the Renter violates essential provisions contained in the rental agreement, these general terms of rental and general terms of insurance, in particular when the Renter uses vehicle in a way that contradicts with the rental agreement or vehicle designation, neglects the car to the extent that it is exposed to damage or loss, makes the car available to unauthorized persons, and does not meet the conditions specified in section 12 (Travel abroad). At that time, the Renter is obligated to release the car to the Lessor immediately.

6.2. In the case of delay by the Renter in payment of the rental fee, deposit or any other payments resulting from the rental agreement or general terms, the Lessor can terminate the rental agreement with immediate effect (by phone or by sending a text message). In such case, the Renter is obligated to release the car to the Lessor immediately.

6.3. In cases described in sections 6.1 and 6.2, the Lessor or authorized person/entity is entitled to activities indicated in section 10.3

6.4. In the case of delay by the Renter with picking up the car, the Lessor is entitled, at his own discretion, to: – request contractual penalty in the amount of daily rate of rental of the subject of the agreement specified in the rental agreement for every day of delay in picking up the car or to terminate this agreement in two weeks, counting from the day of occurrence of the circumstances justifying withdrawal from the agreement.

6.5. The Renter will pay to the Lessor a contractual penalty for his withdrawal from the agreement or the Lessor’s withdrawal from the agreement due to the reasons attributable to the Renter, in particular the cases mentioned in sections 6.1, 6.2. above and noncompliance with the terms specified in section 2.2 in the amount of 300 % of the daily rate of rental.

6.6. In case of theft, damage, destruction or non-return of the car on time by the previous Renter or other random event, the Lessor can withdraw from the agreement within 2 weeks from the occurrence of the events entitling him to withdraw from the rental agreement. In the case of an event mentioned in the previous sentence, the Lessor undertakes to immediately notify the Renter about getting information on the event justifying his withdrawal from the rental agreement.

  1. 7. Responsibility, principles of compensation

7.1. The Renter is always responsible (regardless of liability indicated in general terms of rental and the agreement) and regardless of car insurance – automobile liability insurance, collision and theft insurance – and compensation related to it, for a fee related to vehicle downtime in the amount indicated in the current pricelist of the Lessor or in another amount resulting from separate agreements, in the case of occurrence of:

– automobile damage and any other damages, destruction or loss of vehicle. This amount is not subject to reimbursement and claims. Fee for downtime is supposed to compensate the Lessor for damages incurred during vehicle downtime or its loss as well as damages incurred as a result of loss suffered by the vehicle as a result of the mentioned event.

7.2 Regardless of responsibility, mentioned in section 7.1, the Renter is fully liable for damages (including loss of profits) suffered by the subject of rental, which are not covered by insurance or which are not fully covered by the insurer based on the principles specified by these provisions (in particular caused by driving by unauthorized persons or vehicle use for a prohibited purpose, or/and loading or improper car operation, due to willful misconduct of the Renter and caused by his neglect or recklessness, drunk driving, driving the car under the influence of drugs, intoxicating substances or the use of the car that is not in conformity with its designation, e.g. participation in sporting competitions, transport of illegal cargo.)

7.3. The Renter is also fully responsible for mechanical defects of the vehicle incurred by his fault and that are not subject to warranty repair, in accordance with the principles specified by these provisions, in particular caused by filling the car with a wrong fuel; the amount of contractual penalty due to this reason is specified in the current pricelist of the Lessor.

7.4. The Renter is fully responsible for damages and accidents in the subject of rental in other cases, not mentioned in these terms and in the case of damages exceeding the ones guaranteed by the Insurer (at the stage of loss liquidation by the Insurer), compensation or in the case of refusal (at the stage of loss liquidation by the Insurer) – payment of compensation by the Insurance Company (e.g. when the auto Insurer’s liability is excluded or limited).

7.5 The Renter is obligated to cover any losses suffered by the Lessor or/and Millennium Leasing Sp. z o.o. or/and Getin Leasing S.A. (who is the owner of the car or using it based on car leasing contracts)  as well as removal of all damages in the property of the Lessor or/and companies incurred as a result of the use of the subject of rental that is noncompliant with the agreement, in particular in the case of noncompliance with provisions of section 3, i.e. related to excessive usage of the vehicle and loss of its value, damage of tires, wipers, car interior, including damage of car accessories, damages caused by cigarette butts. In addition, damages caused by the Client by smuggling using the subject of rental, including loss of wages in the amount of the rate of rental for every commenced day.

In the case of refusal to pay compensation by the Insurer due to the Renter’s fault, as a result of lack of driver’s statement regarding place, time, circumstances and reasons for damage occurrence or/and non-submittal of any documents required by the Insurer, the Renter is obligated to pay full cost for repair of the incurred damage.

7.6. The Renter is responsible for any damages caused by him/her, the driver and the remaining passengers to third parties during the use of the rented vehicle, not covered by the obtained compensation from auto insurance or not covered by insurance.

7.7. The Lessor is not responsible for violation of traffic regulations by the Renter as well as any fees, payments, tickets, penalties, which were incurred as a result of the use of the car by the Renter. In the cases mentioned in the previous sentence, the Renter is obligated to cover the mentioned penalties and fees as well as to make proper statements or explanations.

7.8. The Lessor is not responsible for any goods that are left and transported by the Renter and third parties in the subject of rental.

  1. 8. Procedure in the case of accidents or other sudden events

8.1 The Renter is obligated to notify the Lessor immediately about any events that can result in an obligation to pay compensation by the Insurance Company, in particular accident damages, break-ins, vehicle theft, damages to the vehicle and accessories, including as a result of the acts of vandalism by calling …  24h everyday (including holidays), and to submit a detailed, written report and a draft statement on the event no later than on the day of returning the vehicle.

8.2 The Renter is obligated to immediately notify proper authorities (in particular the Police) about any road accident or collision, which occurred as a result of the use of the vehicle and to inform immediately proper authorities (in particular the Police) about fire, theft or other damages, regardless of the guilty party.

8.3 The Renter is obligated to undertake proper measures specified by traffic regulations in order to assure traffic safety on the site of accident.

8.4 In the case of an event, mentioned in the previous section, which is caused by a third party, whose ID and other information can be established, the Renter is obligated to obtain a statement from the guilty party and a statement from the Police, confirming his/her guilt and containing all other information required by the Insurance Company, which insured the vehicle, based on the insurance contract, including his first and last name, vehicle registration number and make, number of his/her insurance policy and name of the Insurance Company, which issued such policy. When the party at fault in unknown, the Renter – in accordance with section 8.1 – is obligated to notify immediately a proper Police unit.

8.5. The Renter is obligated to immediately notify the Lessor when the vehicle is not able to continue travel or has been damaged in any way.

8.6. The Renter is obligated to proceed in accordance with the guidelines of the Lessor. Further proceedings depend on the type of damage. When the Renter fails to abide by the General Terms of Insurance, the guidelines of the Lessor, the Renter is fully responsible for any damages and losses of the Lessor as well as Millennium Leasing Sp. z o.o. or/and Getin Leasing S.A.  incurred in such a way and in particular when as a result of noncompliance, the Insurer refuses or reduces the compensation.

8.7 In the case of the arising of the damage, the Renter is obligated to use all available measures in order to reduce damage or to protect the vehicle against further damages.

  1. 9. Repairs

9.1 When needed, the Renter can perform any maintenance activities, repairs and other activities regarding the subject of the agreement, only after previously (earlier) notifying the Lessor as well as only and exclusively in Authorized Service Stations for a given car make, unless the Lessor indicated another repair workshop or approved repair to be performed by an unauthorized service station.

9.2. The Renter is obligated to appear in the authorized car service and on the site indicated by the Lessor in the case of breakdown, which failure to repair can result in particular in further defects, posing a threat to traffic or lack of proper protection of the vehicle against theft. This obligation also applies to appearing for performance of the vehicle’s warranty inspection, when it falls to the period of vehicle use. When the Renter fails to follow the obligations indicated in the previous sentence, he will be obligated to pay a contractual penalty in the amount of Zl 1,000 for every noncompliance.

9.3. Repair of breakdown as a result of Renter’s fault or negligence will be performed at Renter’s expense and risk.

  1. 10. Vehicle transfer and return

10.1. The Renter undertakes to return the vehicle in a good working condition (in accordance with section 3.3.), with complete accessories and documents. Times and hours of vehicle release and return are specified in the rental agreement. Any costs related to vehicle return shall be borne by the Renter.

10.2. In the case of delay in car return by the Renter, he is obligated to pay to the Lessor a contractual penalty, mentioned in section 4.7. Regardless of the above, Comfortrent or an authorized person/entity will notify the Police about appropriation of the vehicle and can take advantage of their rights indicated in section 10.3.

10.3. In the cases described in sections 6.1 and 6.2, 12 and failure to return the vehicle at the time specified in the agreement or/and despite expiration of the rental agreement, or/and in the cases indicated in sections 4.7. or/and 4.8. the Lessor or an authorized person/entity is entitled to disable the vehicle or/and its opening and towing the vehicle to the Lessor’s headquarters, regardless of the site, on which the vehicle is located.

10.4. Due to the reasons justified by the content of this rental agreement, the rights indicated in section 10.3. and at the same time authorizations by the Renter to be performed by the Lessor or an authorized person/entity are irrevocable.

10.5. Both transfer and return of the vehicle by the Renter will be confirmed by a protocol signed by both Parties, which constitutes an integral part of the rental agreement. Signing of the protocol does not release the Renter from his/her liability for damages, which were impossible for detection during return of the vehicle. The Renter receives a completely clean car that is ready for operation.

10.6. When the car is returned without a set of keys, both registration plates and vehicle registration cards, fire extinguisher or/and other accessories indicated in the Transfer Protocol, the Renter is obligated to pay a contractual penalty indicated in the current pricelist of the Lessor for any missing accessory. When more than one accessory is missing, the penalties are summed up.

  1. 11. Substitute vehicle

11.1. When the Lessor is not able to provide the reserved vehicle, he has the right to deliver to the Renter a vehicle of the same size or bigger, which is accepted by the Renter. In such case, the Client does not incur any additional costs. When the Client accepts a smaller vehicle, then the difference in price (rental fee) will be returned to the Renter. Any costs related to operation of a larger vehicle, including cost of fuel, are borne by the Renter.

  1. 12. Trips abroad 

12.1. Taking a vehicle outside the Polish border requires previous approval from the Lessor in writing and (when needed) additional insurance, which cost will be borne in full by the Renter. Trips to regions covered or threatened by war as well as Russia, Belarus, Croatia, Ukraine, Moldova, Macedonia, Bulgaria, Romania, Albania, Serbia and Montenegro are forbidden.

In the case of failure to abide by the terms indicated in this section, the Renter is obligated to pay to the Lessor a contractual penalty in the amount of Zl 1,000; in addition, the Lessor can terminate the agreement with immediate effect, in accordance with section 6.1 and take advantage of his rights mentioned in section 10.3.

  1. 13. Legislation, place of jurisdiction 13.1. Any notifications resulting from the agreement and related to it, except cases clearly indicated in these general terms of rental, will be made in writing, unless otherwise agreed, will be passed in person by the Party, by a messenger or by mail in the form of registered letter.

13.2. Any notifications, unless otherwise agreed, passed within the agreement or related to it will be deemed effective when,

  1. a)   they were passed in writing and submitted in person or by a messenger – on the day of delivery,
  2. b)  they were sent by mail in the form of registered letter – on the day of delivery of the letter or within 14 days when sent by a registered letter.

13.3. Any changes to this agreement, general terms and conditions are required to be made in writing in order to be valid, except any cases that are clearly indicated in these general terms of rental.

13.4. Any changes to the address of the Parties do not constitute changes of the agreement and do not require signing of additional annexes. The Parties will notify in writing each other about such changes. In the case of failure to abide by the obligation above, delivery is deemed as effective when it is submitted to the last known address.

13.5. The provision regarding contractual penalties in these conditions does not violate the Lessor’s right to request repair of damage caused by the Renter, to the extent in which such damage exceeds the amount of the stipulated contractual penalty.

13.6. The Renter is not entitled to assign the rights or obligations resulting from this agreement to a third party without the Lessor’s approval made in writing in order to be valid.

13.7. The Lessor is entitled to assign the rights or obligations resulting from this agreement to a third party without the Renter’s approval.

13.8. Exceptions from General Terms of Rental by Comfortrent are contained in the rental agreement or separate agreements. Any appendixes to the rental agreement, the current pricelist and the General Terms of Insurance constitute an integral part of the rental agreement.

13.9. The agreement is regulated by the Polish law. Any cases not specified by this agreement will be regulated by Civil Code regulations.

13.10. Lessor’s court is the court of proper jurisdiction.

  1. 14. Storage and processing of personal data

14.1 I am aware that I voluntarily transfer my data; after their transfer, I can always access and correct them.

14.2. The Lessor has the right to release Renter’s personal data to third parties in cases when during rental the Renter submitted incorrect information or when the vehicle was not returned at the time specified in the rental agreement, as well as in the case of claims to the Renter, which will be dealt with legal actions. In addition, personal data can be made available to the authorities and other official bodies, including courts entitled to conduct civil and criminal cases. This procedure is carried out when false information is given during signing the rental agreement, use of false or stolen IDs, failure to return the vehicle, failure to report vehicle damages; violation of the rules of the road, and other cases indicated by generally binding legal regulations.

14.3. I was informed that the data above are collected by the Lessor (detailed information in the agreement) in order to perform the rental agreement.

The Lessor does not intend to release the data to other entities – except agencies of Comfortrent Sp. z o.o. with its registered seat in Kryspinowie 97a, 32-060 Liszki, nr NIP: 944 224 78 60, nr REGON: 360908210 (the founders of the Comfortrent), which is related to performance of the rental agreement and settlements between entities.

I agree to have my personal data processed and their release to the entities mentioned above for the mentioned purposes, as well as marketing purposes, in particular to establish correspondence or phone contact regarding promotion of new products and services, which are the subject of activity as well as determining customer satisfaction concerning cooperation to date.

 

Appendix 1 Pricelist to the General Terms of Vehicle Rental – all amounts are gross prices

 

1. Smoking in the car,   transport of animals,   towing other vehicles. Zl  400– contractual penalty
2. The car is not filled up   with fuel according   to the pricelist of BP Express +25%
3. Cleaning of the car interior Zl  200 – contractual penalty
4. Cleaning of the car exterior Zl  40 – contractual penalty
5. Filling up the car with   incorrect fuel Zl  500– contractual penalty
6. Penalty for failure to   appear in service Zl  1000
7. Missing registration   plates Zl  400– contractual penalty
8. Losing the key Zl  1500– contractual penalty
9. Losing vehicle   registration   card Zl  300– contractual penalty
10. Missing: first aid kit,   warning triangle,   fire extinguisher Zl  60/unit – contractual penalty
11. Missing vehicle manual Zl  150– contractual penalty
12. Missing hubcap Zl  70/unit – contractual penalty
13. Missing accessories not   included to the   pricelist In accordance with     manufacturer’s estimate +10%
14. Penalty for taking the car   abroad without the   approval from Comfortrent Zl  1000
15. Extension of rental period   without Comfortrent`s    knowledge Zl  300% of the daily   rate for every day of   rental
16. Fee for vehicle   downtime
a) Group   A,B, V Zl  1000
b) Group   C, C+ Zl  1500
c) Group   D Zl  2000
d) Group   E Zl  2500
e) Group   G Zl  4000
17. Deposit
a) Group   A, B, V Zl  1000
b) Group   C, C+ Zl  1000
c) Group   D Zl  2000
d) Group   E Zl  2500
e) Group   G Zl  4000