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GENERAL TERMS AND CONDITIONS OF THE CAR RENTAL

 

 § 1. INTRODUCTORY PROVISIONS

1. The Renter  is the entity indicated in the position Renter in the Agreement, shall rent to the Customer the car (further also referred to as Vehicle/vehicle),  indicated in the Agreement, within the scope of activity of the SurPrice Car Rentals franchise system.

2. The Customer is the entity shown in box Customer in the Agreement.

A precondition for signing the Agreement is possessing by the Customer or a person authorized to use the Vehicle on behalf of the Customer a driving license of an appropriate category for a period of minimum 12 months preceding the conclusion of the Agreement and being 23 years old.

3.  People that do not meet the age criteria may rent the Vehicle under the condition of paying double the amount of deposit and an additional fee indicated in the Table of Fees (General Rental Conditions) of the Renter, which is permanently available at  www.surpricecars.com .
4. The Renter declares the rental subject is his property or the Renter is entitled on the basis of other grounds to use and rent or sub-rent the car being the rental subject (for example leasing, rental).

§ 2. THE INITIATION AND TERMINATION OF RENTAL RELATIONSHIP

1. The rental relationship begins at the date and time indicated in point 10 of the Agreement. Cancelling the reservation without charges made by the Renter, is possible at any time until the release of the vehicle. The Renter is not responsible for Customer’s payments return and other accounts with brokerage companies.

2.The minimum rental time is 24 hours

3.The duration of the Agreement is indicated in point 10 of the Agreement.

4. Prolonging the duration of the Agreement requires the consent of the Renter, and the request for its prolonging must be submitted by the Customer immediately, no later than 24 hours before deadline expires for returning the vehicle. Prolonging the duration of the Agreement for a period longer than 119 minutes must be confirmed with an email or in person at the Renter’s branch. The condition for prolonging the duration of the Agreement is the consent given by the Renter via email. Failure to submit the intent of prolonging the rental of the Vehicle and to return it within 8 hours since the termination or expiration of the Agreement may be treated as deliberate action (car theft), as to which the Renter may inform law enforcement authorities

5.The Renter reserves the right to immediately terminate the Rental Agreement and to collect the car from the Customer at the cost of the Customer in case the car has been used in breach of the conditions of Rental Agreement or the hereby General Terms and Conditions of Rental.

 

 

§3. RENTAL FEES

1. The fee for rental is calculated for the entire day indicated in Article 2(2)

2. The fee is collected in advance in the amount indicated in the Agreement.

3. VAT tax invoices are issued at the Customer’s request submitted within an appropriate date resulting from law regulations in that respect. The Renter can provide the VAT invoice only for its own sales to the Customer. The Renter will not provide invoices for broker’s sales to the Customer. The Renter is entitled to issue a VAT tax invoice without it being signed by the Customer.

4. The Customer gives consent to VAT tax invoices, mentioned in Article 3(3), being sent to the Customer’s email address indicated in the Agreement

§4. DEPOSIT AND CUSTOMER’S OWN CONTRIBUTION

1. 1.The condition for handing over the Vehicle to the Customer is payment on behalf of the Renter of the deposit for securing Customer’s own contribution in case of damage, among others. The quota of the deposit appropriate for a given class of vehicles is included in the Agreement and collected by the Renter at the time of Vehicle release (pick-up) and returned within 14 days of Agreement termination and the return of Vehicle by the Customer, under the condition that the condition of the Vehicle is in accordance with Rental Agreement Conditions and the Renter has not settled any liabilities according to the Agreement. The quotas of deposits for given classes of vehicles have been published at the Renter’s website.

2. The deposit paid by the Customer shall be included in covering the Customer’s own contribution in an appropriate amount in case of damage to the Vehicle during the rental due to reasons for which the Customer takes responsibility.

3.The Customer’s own contribution is calculated in case of damage including not covered by the insurance - especially the destruction of vehicle’s interior, roof, car glass damage, rim damage, tire damage. In case of body damage and other damage settled from the Renter’s civil liability or collision damage  policy is determined depending on the class of Vehicle.

4. There exists a possibility of release from deductible under the condition of paying a fee at the conclusion of the Agreement agreed earlier with the Renter, according to the quotas indicated at the Renter’s webpage:  www.surpricecars.com. Buying such option by the Customer does not release the Customer from the responsibility of submitting a deposit, however, in the event of damage the quota resulting from own contribution shall not be deducted from the deposit.

5. In the event when the combined value of damage in the Vehicle caused during the rental period is lower than the quota indicated in Article 4(3), the Customer shall be charged with vehicle repair costs in accordance with it’s cost evaluation and the Renter is entitled to add to this cost an administration fee of up to 150 pln. In the event of the value of this damage being equal or higher than the quota indicated in Article 4(3) the Customer shall be charged with a fee equal to the deposit, and the Customer can be additionally charged with costs in regard to damage liquidation, including receiving of expert’s opinion.

 

 

§5. RELEASE AND RETURN OF VEHICLE

1. The Renter shall release to the Customer a Vehicle of a class according to the submitted order. The Renter reserves the right to release to the Customer a Vehicle of a higher class for the fee relevant to the class of vehicle ordered.
2. The handing over of the Vehicle occurs on the day of conclusion of the Agreement, unless the Parties shall specifically determine another date of Vehicle release.
3. The Vehicle is released with a full fuel tank, unless the protocol of release indicates a different level of fuel in the tank. The lack of another indicator of fuel level in the release protocol of the vehicle in case of doubt is considered as a release of the vehicle with a full tank
4. Any observations as to the technical conditions of the Vehicle, the Customer or a person authorized to collect the Vehicle on behalf of the Customer is obliged to submit at the time of vehicle release or immediately after its release when their identification becomes possible. If the observations are not submitted by the Customer in this time, the parties agree that the condition of the vehicle was good, that is the vehicle did not have any flaws or defects.

5. Along with the Vehicle the Customer is obliged to return car keys and any documents as well as additional equipment given with the Vehicle.
6. The Customer is obliged to return the vehicle and additional options in unimpaired condition taking into account normal usage being the effect of proper use of vehicle.

 

6. VEHICLE INSURANCE

1. The Renter  declares that the Vehicle has obligatory civil liability insurance and an array of Casco insurance which releases the Customer (or the person driving the Vehicle) from financial responsibility above the level indicated in Article 4 of Rental Conditions in case of collision or theft with the exclusion of 1) deliberate Vehicle damage by the Customer 2) damage resulting from the Customer’s gross neglect as to road safety or securing the Vehicle 3) Vehicle damage, causing damage under the influence of alcohol or drugs or without a valid driving license 4) in the event when the Customer as the driver fled the accident site 5) theft of the Vehicle with documents and car keys or theft of Vehicle in which not every anti-theft devices have been turned on 6) vehicle damage as a result of improper fuel type refill.
2. Partial damage caused by the Customer or such in the event of which the Customer is not able to indicate the perpetrator (including the so called parking damage) shall result in the Customer being charged with a fee due to own contribution in accordance with Article 4(5). Complete damage, theft or appropriation of the vehicle shall result in the Customer being charged with the fee of full own contribution (equal to the deposit quota).

§7. CUSTOMER’S RESPONSIBILITIES / CONDITIONS OF VEHICLE USE

1. The Customer during the time of Rental Agreement is obliged to 1) abide by the principles of proper vehicle use 2) carry valid documents required by inspection authorities of traffic regulations 3) using installed anti-theft devices each time upon leaving the vehicle 4) performing everyday use of Vehicle and abiding the Vehicle use instructions 5) paying special attention to indicators on the dashboard and in the event of ascertaining an impropriety immediately contacting the Renter or car service indicate by him 6) use proper type of fuel 7) maintaining the cleanness of the Vehicle.
2. The rented Vehicle cannot be used 1) to haul other vehicles 2) in races, rallies and contests 3) under the influence of alcohol and drugs 4) against law regulations including custom and road laws 5) beyond the borders of the country without the consent of the Renter, 5) for off-road driving.

There is an absolute ban on driving in countries beyond Europe, Russia and countries of the former USSR (excluding Lithuania, Latvia and Estonia) and the entry to Serbia, Montenegro, Albania and Cyprus is acceptable only after receiving the consent of the Renter (email)

3. It is especially forbidden 1) to smoke tobacco in the Vehicle, consuming alcohol and drugs in the Vehicle 2) to exceed the acceptable load and transferring the number of passengers higher than the one determined in the documents of the Vehicle 3) transferring animals in the Vehicle 4) using receivers such as CB-radio 5) applying modifications to the Vehicle or other changes without the consent of the Renter
4. In the event of road collision or accident one should immediately inform the Renter using the e-mail address: customercarepoland@surpricecars.com  and/or inform the Police/other relevant services and secure the Vehicle as well as call the Police to the scene of the accident. In case of small damages, especially occurred without participation of the third party, or when the Renter is not able to provide the third party data (e.g. so called “parking damages”) the Renter can – at his/her own responsibility – resign from calling the Police.  In case of theft of the Vehicle the Customer is obliged to immediately report such an occurrence to the Police and to further immediately inform the Renter about the fact.
5. Before the end of the rental, but not later, than within 72 hours since the accident or collision of the Vehicle, the Customer is obliged to deliver to the Renter a report of accident/collision including documents and information necessary for damage liquidation (data of participants, cars participating in the incident, no of OC/civil liability policy of the perpetrator, his statements regarding causing damage, driving license data and Identity documents of the person driving the Vehicle at the time of the incident. In the event of calling the Police by the Customer to the scene of the incident, the Customer is obliged in the abovementioned date to submit to the Renter the names of police officers who came to the scene of the incident together with the name of the local police unit which they serve. In the event the insurance company refuses to pay the compensation that includes Repair Costs caused by the Customer not abiding the responsibilities described in Article 7(4) and (5) (especially in case of not informing the Police about the accident)  the Customer is obliged to cover those costs within 7 days based on a VAT tax invoice issued by the Renter, unless the refusal was due to failure to comply with the obligations by the Renter. The Renter is entitled to retain the quota of the deposit indicated in point 18 of Rental Agreement for the purpose of settling repair costs of the Vehicle he shall be charged with due to the fact that the Customer does not appropriately report the damage required by the insurance company.
6. In case of the necessity to perform any repair in the Vehicle one ought to receive the Renter’s consent. In such a case the Customer after previously agreeing with the Renter is obliged to collect VAT tax invoice on behalf of the Renter. The Renter after stating the need for the repair and no fault on behalf of the Customer as to the cause of the accident shall cover (reimburse) the repair costs.

§ 8. DUTIES AND RESPONSIBILITY OF THE RENTER

1. The Renter (unless otherwise stated in the Agreement) jest obliged to repair damage incurred by the Customer due to breakdown or Vehicle damage resulting from incidents for which the Renter takes responsibility. In the event of making a vehicle reservation by the Customer via a portal intermediating in concluding rental Agreements (presenting car rental offers received from many providers), the Renter is responsible for providing the rental service in accordance with the Agreement and Rental Conditions. He is not responsible however for providing/performing any other services offered and purchased from such an intermediary as well as settling accounts of the Customer with such an entity.
2. In case of immobilizing the Vehicle for a period longer than 8 hours the Renter shall provide the Customer or the person using the Vehicle with a courtesy car. The courtesy car’s standard should be identical with that of the Vehicle and if that is not possible – standard no more than a class lower than that of the Vehicle. Providing the courtesy car does not apply 1) in case of stopping the vehicle due to loss of documents or car keys by the Customer 2) immobilizing the Vehicle beyond the borders of Poland 3) immobilizing due to non-refilled fuel tank by the Customer or refilling the Vehicle with inappropriate fuel 4) in case of vehicle damage resulting from improper exploitation, including racing and off-road drive. In such cases the parties of the Agreement may agree to provide a courtesy car for a separate fee paid by the Customer

3.Any arrangements regarding the Vehicle included in the Agreement in such cases relate to the courtesy car correspondingly.

4. The Renter does not take responsibility for any penalties, tickets or fees (including parking fees) which are charged due to breach or infringement of law regulations by the Customer, including road traffic regulations, as well as other regulations and rules determining the principles of using road or/and car parks. That should be paid by the Customer himself.

§9. ADDITIONAL RENTAL FEES

 

1.Repairing damage resulting from non-performance or ill-performance of the Agreement by the Customer regarding the Vehicle return in an unimpaired condition is effected through paying contractual penalty in the amount indicated below, unless the Customer proves the infringement of the rental Agreement of Rental Conditions occurred due to reasons for which he does not take responsibility:

• smoking in the Vehicle – 250 PLN,
• damage or loss of key or remote control of the vehicle – re-invoicing of the real costs level, up to 2,000 PLN,
• damage or loss of vehicle documents – up to 250 PLN,
• damage or loss of registration plates, registration sticker on the windshield (for each part) 150 PLN,
• violation of animal transfer prohibition 250 PLN,
• lost or taken away from the parking/airport parking ticket – up to 100 PLN,
• using the vehicle to haul other vehicles 500 PLN,
• return of the vehicle with the temporary (such that can be removed within standard cleaning procedures used in professional car washes) stains on seats, padding and trunk  - up to 250 PLN,
• permanent damage requiring the exchange of padding or seats – full cost of repair in this regard,
• non-contractual use of the car (more than 199 minutes delay in return) – the full daily rate of the  fee indicated in the rental Agreement,
• filling the vehicle with improper type of fuel - 500 PLN,
• engine repair resulting from damage due to refueling with improper fuel – full cost of repairs,
• dismantling, change of car parts or performing modifications without the consent of the Renter – full cost of repairs,
• travelling abroad (return in Poland) cross border fee - 215 PLN,
• travelling abroad without informing the Renter about such fact and payment of above cross border fee – up to 450 PLN,
• return in another location than that of the vehicle’s release – 250 PLN,
• out of hours return of the Vehicle (regular office hours on working days and weekends: 07:00 – 23:00, during official holidays – individual hours) – 150 PLN,
• driving the car by a person other than the Customer (or registered additional driver) 250 PLN,,
• refueling missing fuel to the previous level for each liter of fuel (the penalty covers the flat-rate cost of purchase and of refueling) up to 12,50 PLN gross per each liter of fuel,
• Young Driver Fee (18 – 22 years) – 100 PLN.

2.The Customer shall be charged with a flat-rate fee for providing by the Renter written information regarding the user of the Vehicle at the request of law enforcement authorities or administration (applies also to a fee for stopping/parking) of 50 PLN gross

5. In the event when the Customer terminates the rental before the date indicated in the reservation and without notifying the Renter leaves the Vehicle at a car park which will result in unjustified parking costs to be paid by the Renter – the renter is entitled to charge the Customer with the equivalent of those documented costs.

6.The Renter is entitled to issue a debit note in case when a legal incident arises that updates  the responsibility of paying contractual penalty. The debit note shall be sent to the email address of the Customer indicated in the Agreement. Claims covered by debit note shall be required within 7 days since their issuance.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

§10. PERSONAL DATA PROTECION

1. The administrator of the Customer’s personal data is:   ECO Rental Sp. z o. o.,   Al. Jerozlimskie 217, 02-222 Warszawa, Court Registration Number KRS: 0000412333, VAT registration number NIP: 1132853757, statistical number REGON: 146020771, recalled in this contract as the  Renter.

2. The Renter has appointed the Personal Data Protection Inspector,  which is available for Customer under the e-mail address: customercarepoland@surpricecars.com

3. Customers and drivers personal data will be used on the basis of necessary needs, linked to the rental contract, in which the Customer and Renter are the sides, and for necessary actions required before the rental agreement start – as stated in Article 6, part 1 letter b) of the Polish Personal Data Protection Act (RODO). Providing of the data is Customer free will decision, but is necessary for conclusion of the car rental agreement. They can and will be processed only within the period of time necessary for the rental agreement execution and after it’s expiration - for time necessary for the limitation of the claims arising from the Customer duties linked to the rental egreement (e.g. – police fines, etc.)

4. The Renter can process the Customer or drivers personal data with the goal of managing his justified interests, as stated in Article 6 part 1 letter f) of the RODO, especially for the purpose of:

3. execution of dues, until they will be paid by the Customer or aged;
4. to guarantee the security and proper use of the car rented by the Customer, especially for the purpose of the search of stolen car or when the Customer will illegally take posession of the vehicle, or to ensure proper execution of the rental agreement conditions.

5. The Customer and additional drivers have a right to check and change their data for the correct ones at any given time.

6. The Customer and additional drivers have a right to file their case to the President of the Polish Personal Data Protection Office or to proper authorities in their country of origin, within the EU.

7. The Customer and additional drivers have a right to withdraw their acceptance for the data processing at any time, but it will not have any influence on actions taken before this acceptance withdrawal. To withdraw their acceptance the Customer should contact the Personal Data Protection Inspector.

8. The Customer and additional drivers data can be transmitted to Renter’s subcontractors, cars insurer’s, repair services and assistance services providers.

9. The Customer and additional drivers data can be processed also in the case,  when the necessity arises to inform public authorities, city guards or the police regarding the Customer who has the vehicle at his disposal, according to the Public Roads Act from the 21st of March 1985 (Dz. U. Nr 14, poz. 60) and fines executed on the basis of the Act from 20th of May 1971 - Kodeks wykroczeń (Dz. U. Nr 12, poz. 114) and the Polish Prime Minister executory order from 24th of November 2003 r. regulating fines in case of chosen traffic offences (Dz. U. Nr 208, poz. 2023).

 

 

§11.FINAL PROVISIONS

1. Current regulations, especially provisions of the Civil Code shall apply to any cases not regulated by the Agreement.

2. The Renter declares he is not responsible for tax laws and regulations matters of the customers.

3.Each price indicated in the Rental Conditions, rental Agreement and at the www.surpricecars.com  webpage is gross price, unless stated otherwise in the rental Agreement or framework Agreement4.The Rental Agreement shall be governed by Polish law. Any disputes that may result from the Rental Agreement shall be settled by a common court of law in accordance with the provisions of the Polish Civil Proceeding Code.

5.The Renter’s powers to demand payment of contractual penalty does not exclude the right of the Renter to demand compensation exceeding the amount of contractual penalty subject to general rules.

6. This General Conditions have been executed in the English and Polish languages. The Customer and Renter hereby agree, that the English version has been executed for information purposes only and the Polish version has the binding force and effect.

 

 

VEHICLE RENTAL AGREEMENT

(hereinafter referred to as Agreement), concluded in Warsaw on: ...........

 

1. This Agreement was signed by the Customer in person using a tool enabling the electronic confirmation of a signature. The Customer declares that he has read and accepts the terms and conditions of this Agreement and the Rental Conditions which constitute an integral part of this Agreement and together with the contents of the Agreement they are available at  www.surpricecars.com. One copy of respectively the Agreement signed by the Customer, the Rental Conditions and the car delivery (pick-up) protocol shall be sent to the e-mail address indicated in point 4 of the Agreement on the day it was signed. The Customer acknowledges that in the event of making a reservation by him via a broker portal that intermediates in concluding rental Agreements (presents vehicle rental offers received from many providers), the Renter is responsible for performing the vehicle rental service in accordance with the Agreement and Rental Conditions, however, does not take responsibility for settling the account of the Customer with such entity.
2. Hereby the “Renter”: ECO Rental  [Ltd.] with its seat in Warsaw, at no 217 Jerozolimskie Avenue, post code 02-222 Warsaw, entered in the register of entrepreneurs maintained by the District Court for the capital city of Warsaw, XIII Commercial Department, KRS no: 0000412333, NIP/VAT: 1132853757, REGON: 146020771, with a share capital of 55,500.00 PLN, acting on behalf of the franchise network SurPrice Car Rentals,  rents out to the “Customer”:

 

3.     Name and surname of the legal person or company (Customer) name: .........................................................................................................................................

 

4.     Address:...........................................................................................................................

 

        Email address:...................................................................................................................

 

5.     Phone no.:.............................................

 

6.     NIP:..........................................

The undermentioned vehicle (hereinafter referred to as “Vehicle” or “car”):

7. Make / model / class:.........................................................

 

8. Registration no:...................................................

 

9. Vehicle odometer in km: according to the protocol annexed to the Agreement

 

10.   For a definite period from:

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To:

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11. Until the Vehicle is returned, the Customer undertakes to drive a maximum of …… kilometers .  

12.  If the Customer drives a distance exceeding the limit indicated in point 11, the Customer undertakes to pay the Renter the equivalent of .… PLN gross value for each kilometer above the limit. The amount of kilometers driven by the Customer is equal to the difference between kilometer counter readout on the day of vehicle pick-up and the kilometer counter readout confirmed by a protocol on the day of Vehicle return to the Renter. The amount of driven kilometers exceeding the limit is the difference between the amount of kilometers driven by the Customer and the limit of kilometers indicated in point 11. In order to avoid doubt, if the rental offer stipulates no kilometer limit – the rate is 0 PLN for each additional kilometer..

13. By signing this Agreement the Customer confirms Vehicle pick-up and undertakes to pay the Renter rent of value indicated in point 14. The Customer undertakes to pay the fee in advance.

14.Combined gross price:   …………………………………   16.  PLN gross value for each day started:   …………………………………

15.Number of days:   …………………………………

 17.  Form of payment: Credit card / Transfer to:

 

            PLN account no.:       96 8063 0001 0010 0107 6119 0001

            EURO account no.:    96 8063 0001 0010 0107 6119 0004

 

18. The Customer is obliged to make a security deposit of …... PLN. The deposit amount will be preauthorized by the Renter on Customer’s credit card (or in special situations, debit card) account. The Customer hereby agrees, that the Renter is entitled to debit Customer’s card account for the cost of car rental (in case of Pay-on-Arival option), extra options chosen by the Customer in point 18 below, cost of lengthening of the Vehicle rental, and other payments described in the points from 19 to 21, 26 and 29 of the Agreement, with respect to the recalled in these points General Rental Conditions. The deposit amount shall be released by the Renter, on the Customer account, after acknowledging the return of the Vehicle in an undamaged condition by the Customer. Release of the preauthorized deposit does not mean, that the Renter has resigned from his potential claims against the Customer. The Renter is authorized to encumber the Customer and deduct any unpaid quotas indicated in this Agreement and the Rental Conditions also after return of the Vehicle. In case of the Customer deciding to buy additional options from  the Renter’s offer, including in case of making a car reservation via a broker portal, that intermediates in concluding rental Agreements – he shall pay for those options separately, preceding Vehicle pick-up. Additional options available:

• Collision Damage Waiver excluding damage of tires and windscreens,
• Super CDW – all risks included,    
• Vehicle class or equipment upgrade (amount per day depending on Vehicle category and upgrade type),
• Young Driver Fee (18 up to 23 years),
• Additional Driver Fee, 
• Out of Hours pick-up or return of the Vehicle,
• Child Seat/Toddler, 
• Navigation System, 
• Snow Chains, 
• Ski Racks, 
• Winter Tires, 
• National One Way Fee,
• Cross Border Driving Fee (the vehicle must be returned in Poland), 

Combined value of chosen additional options PLN

 

 19. Repairing damage resulting from non-performance or improper performance of the Agreement by the Customer regarding the responsibility of car return in an undamaged condition, occurs by paying contractual penalty indicated hereafter or in the Rental Conditions, unless the Customer proves that the violation of rental Agreement or Rental Conditions was due to circumstances he does not take responsibility for. In particular, the Customer is obliged to pay to the Renter:

1. The equivalent of the amount of kilometers driven by the Customer exceeding the limit, calculated according to points 11 and 12 of the Agreement,
2. A sum of 215 PLN gross value for cleaning the Vehicle, due to returning by the Customer a smutted Vehicle (penalty calculated if the Customer was given
   a clean Vehicle and the Customer returned a smutted Vehicle, which was confirmed in the Vehicle acceptance protocol). The fee may be excluded by the Renter’s separate offer provisions (in such case the fee is calculated only in the event of contract conditions violation and/or significant smutting of the vehicle’s interior, or cleaning cars after carrying animals),
3. A sum resulting from fuel consumption by the Customer, in case of failure to return the Vehicle in a condition it was released (fee calculated if the Customer returned the car having less fuel than on the day it was released), where the Parties confirm the fuel level by the values indicated in the delivery protocol of the vehicle corresponding to the value of fuel indicator in the vehicle, or – especially in case, when the car was returned without the presence of the Renter employee – by values indicated by the GPS device installed in the Vehicle, at the moment of entering the location (airport) area. The Customer undertakes to pay to the Renter a fee due to the car being not refueled by the Customer. The Parties mutually declare that the equivalent of consumed fuel is calculated based on the difference between the amount of fuel on the day of Vehicle release and the amount of fuel on the day of vehicle’s return. For each liter refueled the Renter shall collect a fee of up to 12,50 PLN gross value. The Renter does not charge an additional fee for the Vehicle’s refueling by the Renter’s employees.
4. A fee indicated in paragraphs 4, 8 and 9 of the Rental Conditions in case of Vehicle damage or theft or other additional costs.

The Renter reserves the right to claim supplementary compensation on the principle set forth in the Civil Code in case the extent of damage exceeds the due contractual penalty.

 

20. If the Renter has determined an unauthorized change of parts or Vehicle elements including the change for parts or elements having more wear, change of tires, rims, battery for other than those installed when the car was released, the Renter is authorized to cover from the deposit the costs of returning the car to a condition corresponding with the condition of the vehicle on the day it was released to the Customer. If the sum of the deposit is insufficient to cover the costs, the Customer is obliged to cover them in the remaining scope. The base for Renter’s claims in this scope is the acceptance protocol confirming the condition of the Vehicle after the termination of rental period (the return of the car to the Renter). In case a smutted Vehicle was returned, its external condition shall be evaluated after cleaning.
21. The Renter declares that on the day of its release the car is functional and suitable for use. The Customer, in the scope of this Agreement, also rents a radio receiver located in the car with no additional costs. Unless the parties of the Agreement in
    a given case state otherwise, small expenditures combined with normal vehicle usage encumber the Customer, for instance, repairing a punctured tire, refilling the windshield washer, bulb exchange (except for xenon ones), etc.
22. If during the rental the Vehicle requires repairs without which it will not be functional, the Renter is obliged to immediately inform the Renter about this fact.
23. If a third party claims compensation against the Customer regarding the Vehicle, the Customer ought to immediately inform the Renter.
24. The Customer is required during the entire duration of the rental to use the Vehicle in accordance with its intended purpose. It is forbidden to maintain open flame, carry animals, smoke and drink alcohol in the Vehicle as well as to use drugs. It is also forbidden to drive the vehicle after the consumption of the abovementioned substances.
25. The Customer is not entitled to make any changes in the Vehicle.
26. If the Customer uses the Vehicle not in accordance with the Agreement or its intended purpose or if he neglects the vehicle to such a degree that it is liable to loss of value or damage, the Renter is entitled to terminate the Agreement with immediate effect and to collect the Vehicle from the Customer at his expense. The Renter is entitled to charge the Customer with the costs of resulting damage.
27. The Customer is not entitled to hand the Vehicle over to third party/parties for use or to sublease it without the consent of the Renter. In case of failure to comply with the abovementioned duty, the Renter is entitled to terminate the Agreement with immediate effect. In such a case the Renter is entitled to encumber the Customer, except the basic fee for rental, a contractual penalty in the amount of 100 PLN for each day the Vehicle has been given to a third party. The Customer is liable toward the Renter for the effect and consequences of making the rental subject available to third parties.
28. The fee for the rental is payable in advance. In case the Customer makes a vehicle reservation via a broker portal that intermediates in concluding rental Agreements the fee shall be paid:

1. In pre-paid system to broker portal, prior to collecting the Vehicle from the Renter,
2. In a pay-on-arrival system: by credit card on the Renter’s account at the latest at the time of releasing the Vehicle to the Customer by the Renter.

In case the Customer made a reservation directly from the Renter, the rental payment shall be paid via transfer on the Renter’s account or by credit card on the Renter’s account, in each case prior to the release of the Vehicle to the Customer. The preauthorized deposit shall be locked on the credit card in each case at the time of Vehicle pick-up and released after 14 business days since the Vehicle’s return, unless the Renter deducts the amount in accordance with the Agreement or if in the acceptance protocol no damage described in the Agreement has been reported. In the event of returning the Vehicle in a condition making it impossible to verify damage due to the degree of Vehicle smutting or after working hours of the Renter’s staff (working hours: 7 am – 11 pm, except for otherwise stated working hours during holidays), the deposit shall be returned to the Customer – as long as no additional damage is reported after cleaning the Vehicle. The Renter does not take responsibility for the time of removing the preauthorization lock by the Bank.

29. On the day and hour of Agreement expiration or termination, the Customer is obliged to return the Vehicle in a location indicated in the Agreement. The Customer is entitled to return the car in another location only upon the consent of the Renter at the latest 24 hours prior to the Vehicle’s return. The Customer accepts and acknowledges, that further Vehicle usage without concluding a separate Agreement or obtaining the Renter’s consent in written form shall entitle the Renter to charge the Customer in respect to caused damage as well as an extra fee of the double rental fee per each day of unauthorized usage of the Vehicle. For the beginning of the first day of unauthorized use of the Vehicle both sides agree to accept the moment of exceeding of the grace period, described in General Rental Conditions. Each next day of the unauthorized usage starts at 00:01 hour of each next day and for each such day the full amount of additional payment will be charged by the Renter. Final length of the unauthorized usage is determined in the return protocol or – especially in case, when the car was returned without the presence of the Renter employee – by time indicated by the GPS device installed in the Vehicle, at the moment of entering the location (airport) area. Further vehicle use without concluding a separate Agreement or obtaining the Renter’s consent in written form entitles the Renter to file an offence notification on the basis of art. 284 of the Civil Code. The Renter shall also be entitled to unilaterally collect the vehicle, including without the assistance of the Customer, at his expense, also by the authorized entity, to which the Customer gives his consent.

In the event of returning the Vehicle by the Customer prior to the expiry date of the rental Agreement, the Renter shall refund in full or in part the difference resulting from actual period of rental, under the condition that at the latest 24 hours prior to the planned return the Customer informs the Renter by sending appropriate information to customercarepoland@surpricecars.com . Provided the 24 hour time limit to inform the Renter regarding the early termination of rental is met, the refund for the unused rental period shall be paid in the following amount:

1. In case of making the reservation by the Customer directly from the Renter – the fee shall be completely refunded
2. In case of making the reservation by the Customer via a broker portal that intermediates in concluding lease Agreements (presents vehicle rental offers received from many providers), the Customer ought to agree as to the refund quota with the abovementioned portal, where the Renter undertakes to cooperate with the Customer in this regard (confirmation of refund time, deviation from charging  the company – the owner of the portal, etc.).

 

30. On the day of vehicle return the parties undertake to confirm its condition, especially the kilometer counter and fuel readouts in protocol form.
31. The Renter does not take responsibility for belongings left in the car by the Customer. After the ineffective summoning of the Customer to collect the belongings left in the vehicle, the Renter is entitled to send them to the Customer’s address indicated in the Agreement, at the Customer’s expense.
32. The parties determine that the fuel level in the returned car ought to be identical as at the moment of releasing the Vehicle. Otherwise, the Customer shall be charged with an additional fee in the amount calculated according to point 19(c).
33. If the Agreement does not state another location for the Vehicle return, the Customer is obliged to return the Vehicle to the following address: Aleje Jerozolimskie 217, 02-222 Warszawa (caution: entry from the Jutrzenki street).
34. The Rental Conditions and vehicle delivery protocol are an integral part of the vehicle rental Agreement.
35. The Customer gives his consent to submitting declarations of the Renter’s intent also by means of electronic devices, including e-mail. The correspondence of the Renter is considered as effectively delivered also when it is sent to the email address indicated in point 4 of the Agreement. The Customer is obliged to inform the Renter regarding each change of the email address, failure to do so will result in the correspondence being considered as delivered to the previous  address.
36. The correspondence sent to the Customer to his registered address/address of residence is considered effectively delivered also in the event if it is sent via registered mail or courier services and the recipient refuses to accept it or does not collect the post despite the letter of advice being sent twice.
37. In case of failure to meet the payment deadline of the VAT tax invoice in full or in part, the Customer is obliged to pay statutory interest in the amount specified in article 359 §2 of the Polish Civil Code.
38. In cases not specified in this Agreement, the Rental Conditions and applicable regulations apply, especially regulations of the Civil Code. This Agreement has been drawn up in duplicate. One copy of the Agreement has been sent to the Customer to the e-mail address indicated in the Agreement.
39. The Customer declares that he possesses financing capabilities enabling timely settling of liabilities resulting from this Agreement, there are no reasons known to him due to which his financial situation might deteriorate during the period of rental and undertakes to inform the Renter about every circumstance influencing his financial capabilities within 2 days since the occurrence of such an event. The Customer acknowledges that not informing the Renter regarding the circumstances crucial to the Customer’s financial situation entitles the Renter to terminate the Agreement with immediate effect.
40. The Customer declares he has been informed that

• submitting personal data is necessary to conclude and perform the Agreement with the Renter and personal data shall be processed in this regard, with respect to the regulations of Article 6, part 1 letter b) of the General Order for Protection of Personal Data issued on 27^th of April 2016 (UE legislative register L119 issued on 4^th of May 2016),
• he has the right to access the content of this data and the right to amend them,
• processing, facilitating and/or publishing of personal data shall occur in accordance with the provisions of the Act of August 29, 1997 regarding the protection of personal data (Journal of Laws of 2016, item 922 with later amendments).

41. The Customer confirms, that he was informed, in line with the regulations of Article 13 of the General Order for Protection of Personal Data issued on 27^th of April 2016 (UE legislative register L119 issued on 4^th of May 2016), that the Renter is an administrato of the personal data, and it is possible to contact with the Personal Data Administrator via e-mail address: customercarepoland@surpricecars.com in all matters regarding  personal data protection and execution of Customer’s rights.
42. The Customer, by signing (or accepting in case of Internet reservation) the conditions of the Agreement, gives consent to processing by the Administrator for the purposes of the Agreement his personal data in accordance with the Act of August 29, 1997 regarding the protection of personal data and to transferring his personal data to other entities for the purposes related to damage compensation including civil liability, collision damage and personal injury insurances or when the necessity arises to inform public authorities, city guards or the police regarding the Customer who has the vehicle at his disposal.
43. All claims linked to this agreement should be sent to the Renter’s address or via an e-mail to the address:  customercarepoland@surpricecars.com .
44. This Agreement has been executed in the English and Polish languages. The Customer and Renter hereby agree, that the English version has been executed for information purposes only and the Polish version has the binding force and effect.

I have read and accept the vehicle rental conditions

 mentioned above and on the back of this document

 

                          …………………………….                           ……………………………..    

                                    Renter:                                                            Customer: