BA Car Rental
GENERAL TERMS AND CONDITIONS OF THE CAR RENTAL
§ 1. INTRODUCTORY PROVISIONS
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.
§ 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
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
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
6. VEHICLE INSURANCE
§7. CUSTOMER’S RESPONSIBILITIES / CONDITIONS OF VEHICLE USE
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)
§ 8. DUTIES AND RESPONSIBILITY OF THE RENTER
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:
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: firstname.lastname@example.org
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:
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).
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: ...........
3. Name and surname of the legal person or company (Customer) name: .........................................................................................................................................
5. Phone no.:.............................................
The undermentioned vehicle (hereinafter referred to as “Vehicle” or “car”):
10. For a definite period from:
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:
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:
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.
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.
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 email@example.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:
I have read and accept the vehicle rental conditions
mentioned above and on the back of this document