Terms
13 Mar 2018

TERMS AND CONDITIONS

1. Introduction

The Terms and Conditions of Rental are an integral part of the Rental Agreement concluded between us (PLCars Sp. z o.o, whose registered office is Nowa 13 Street, Warsaw, Poland) and you (the Renter, named on the Rental Agreement). The subject of the contract is the Vehicle described in the Rental Agreement which will be provided to you on the terms specified in the Rental Agreement and its attachments, including the Terms and Conditions of Rental and the Tariff.

The conditions accepted by you will apply also in case of change of the subject of the contract or subsequent change to Terms and Conditions of Rental. Tariff applicable at the time of conclusion of the contract (the Tariff), accepted by you, is an attachment hereto as well as to the Rental Agreement.

§1. Car Rental

 

  1. We will provide you the Vehicle in good condition, with all equipment and full fuel tank and one set of keys and all necessary documents. The Vehicle will be in roadworthy conditions, without physical, mechanical or legal defects, and will be covered by valid mandatory third party liability insurance.
  2. You are obliged to check the condition of the Vehicle. Signing the agreement without additional remarks means that you have no reservations to visual and technical condition of the Vehicle, its equipment and terms of the rental.

§2. Vehicle return

  1. The renter is obliged to return the vehicle with all equipment and documents, in the same condition as provided, at the time and location agreed in the Agreement. The Vehicle should be clean to such extent that its condition can be verified. If the Vehicle condition cannot be verified then the condition will be verified after the car is restored to the condition that allows inspection. The Renter will return the car exclusively to our employee or agent.
  2. We may end the contract straight away and take back the Vehicle, at your expense, in case of Vehicle being used in a way breaking the Rental Agreement or the Terms and Conditions of Rental. In such a situation you will be informed by us via phone or email.
  3. You are obliged to notify us in writing if you want to change the return location or return time. If we accept the change additional fees will be charged if applicable for changed return conditions. If we do not accept you are still obliged to return the Vehicle on the conditions agreed in the Agreement.
  4. In case you abandon the Vehicle, which should be understood as returning it without compliance to the points 1-3 above, you are responsible for all resulting losses.
  5. The contract is terminated after you return of the Vehicle in compliance with the points 1-3 above as well as settle the amount due.

§3. Vehicle usage

  1. You are obliged to care for the Vehicle, including:
    1. a) complying to law regulating use of the vehicle and road traffic law;
    2. b) using guarded parking if possible;
    3. c) locking the Vehicle using any security devices fitted to or supplied with the Vehicle, whenever the driver leaves the Vehicle;
    4. d) securing the documents, keys and additional equipment from theft, loss and destruction (in particular not leaving the documents in the Vehicle);
    5. e) taking necessary current maintenance, including inspecting and refilling the fluids, checking tire pressures and vehicle lamps, at your own expense;
    6. f) keeping the Vehicle clean;
    7. g) stopping the Vehicle and notifying us instantly in case of failure or incorrect operation of the Vehicle.
  2. You must not use the Vehicle:
    1. a) to transport more people or loading than allowed in Vehicle registration document;
    2. b) to sub-rent the Vehicle for transport of goods or people;
    3. c) to tow a trailer, other vehicle or any other object;
    4. d) in a way that breaks the law through your fault (customs law, traffic law or any other applicable law);
    5. e) in a way the Vehicle is not fit for, including racing, rallies or competitions;
    6. f) whilst the driver is under influence of alcohol, narcotic substances, barbiturates or any other substances influencing the consciousness and reaction ability;
    7. g) without our consent expressed in writing – in the United Kingdom of Great Britain and Northern Ireland, Republic of Ireland, Republic of Greece, Republic of Cyprus, Republic of Malta as well as Republic of Ukraine, Republic of Belarus, Russian Federation including Kaliningrad Oblast and Balkan states;
    8. h) in geographic areas prohibited by us;
    9. i) in the areas of natural disasters.
  3. In case of damage in the interior or the trunk of the Vehicle you are responsible for resulting losses in full.
  4. In case of loss, theft or damage of the documents or keys through your fault, you are responsible for actual costs incurred to restore the possibility of usage the Vehicle – including re-registration, replacement of locks. We are entitled to charge you for lost benefits, calculated using daily rental rates for the period the Vehicle is out of service.
  5. The Vehicle must be driven by a person named in the Rental Agreement. Other drivers than you must be named in the Agreement as additional drivers, subject to applicable charge. You are responsible for actions or omissions of the people you allowed to drive the Vehicle.
  6. A person holding a driving license issued in a country not listed in the Convention on Road Traffic (Journal of Laws from 24 February 1998, No. 5, item 40 as amended) may be a driver of the Vehicle only if holding the international driving license.

§4. Charges

  1. Rental charge is calculated as a multiple of the price for 24 hours usage period as specified in the Tariff, since start date and time specified in the Rental Agreement, plus any applicable additional charges and any fines or charges independent of us issued as a result of usage of the Vehicle during the rental period by you or any driver, such as parking charges, traffic fines etc., if these are paid by us instead of you.
  2. Payment is settled after returning the Vehicle and our inspection of the Vehicle – after the rental period, by charging the amount due from the credit card provided by you. Note that before the payment we secure the deposit amount (gross of tax) on the card by means of preauthorization.
  3. Deposit preauthorization is made on the rental start date as specified in the Rental Agreement, the amount is calculated as sum of:
    1. a) the rental charge for the whole rental period specified by you;
    2. b) the security deposit as specified by the Tariff – not applicable if you additionally purchase CDW, SCDW, TP or SC options, as described in §7;
    3. c) any other applicable fees specified by the Tariff or the Terms and Conditions;

Sum of these amounts is preauthorized on the credit card.

  1. If you choose full fuel tank (‘full to full’) you are provided with the Vehicle with full fuel tank and are required to return it with full fuel tank. If you return the car without full tank of fuel you will be charged by us, price per liter of missing fuel is specified in the Tariff. In the moment of renting there will be a deposit blocked on the Renter’s card in the amount of refueling full tank following the price in the Tariff.
  2. If you are not provided with full fuel tank you will be charged for actual value of the fuel used.
  3. If the Vehicle is not returned on agreed date and time in specified location, you are required to pay additional charge equivalent to daily rental price plus applicable additional charges for every day of delay. In such a situation we will charge this amount to the credit card.
  4. All charges are paid in Polish zloty (PLN) or euro (EUR), amounts given in EUR will be converted to PLN according to middle exchange rate published by the National Bank of Poland (NBP) on the day preceding the last day of the contract.

§5. Insurance

  1. We declare that the Vehicle is covered by motor third party liability policy valid within Republic of Poland as well as Europe excluding countries mentioned in Rental Agreement. Confirmation of the insurance policy is attached to the Vehicle documents.

§6. Damage, collision, loss, theft

  1. In any case when the Vehicle or its equipment is damaged, lost or stolen, you are responsible in accordance with the rules stated herein and applicable law. Our claim may include lost benefits equivalent to daily rental rate plus agreed additional charges for every day of the Vehicle being out of operation, until it is repaired or replaced by a new vehicle. Your responsibility may be restricted by extra options described in §7.
  2. You are required to notify us immediately of any damage, loss or theft to the Vehicle or its equipment, describing location and circumstances of the event. The notification should be confirmed to us in writing.
  3. In case of damage or failure of the Vehicle you are required to secure the Vehicle and immediately inform us about the Vehicle condition and location.
  4. You are not allowed to perform any repairs, unless you informed us and received our consent.
  5. If the Vehicle took part in the collision or was stolen (or the equipment was stolen), you are required to call the police to the place of event or notify the police of the theft as well as notify us about these events.
  6. You are required to immediately provide to us the police protocol regarding the event and make every effort to obtain and provide us all possible information regarding the event, the participants, witnesses of the event – in particular insurance policy number and insurance company of the perpetrator if the third party was at fault.
  7. You will provide us all necessary help during the procedure regarding collision, damage or theft which occurred during the rental period. You are not allowed to accept any claims of the third parties regarding the Vehicle
  8. Violating the above rules cancels the protection given by CDW, SCDW, TP or SC extra options, described in §7

§7. Your responsibility

  1. At the moment of signing the contract you can restrict your financial responsibility by choosing one of the options offered by us and paying additional change, as specified in the Tariff. Options described in paragraph 2, points d) – e) are available only together with basic CDW/SCDW and TP options.
  2. We offer the following options
    1. a) Collision Damage Waiver (hereafter ‘CDW’) restricts your financial responsibility for damage to the amount specified in the Tariff. The restriction does not apply to damage or loss to: wheels (rims, cap, tires), windows, side-view mirrors, wipers, interior and trunk of the Vehicle, roof and chassis (including muffler and sump), registration plates as well as contamination resulting in permanent damage to the coating;
    2. b) Super Collision Damage Waiver (hereafter ‘SCDW’) covers your financial responsibility for damage. This does not apply to damage or loss to: wheels (rims, cap, tires), windows, side-view mirrors, wipers, interior and trunk of the Vehicle, roof and chassis (including muffler and sump), registration plates as well as contamination resulting in permanent damage to the coating;
    3. c) Theft Protection (hereafter ‘TP’) restricts your financial responsibility in case of theft to the amount specified in the Tariff;
    4. d) Glass and Tire Coverage (hereafter ‘GT’) restricts your financial responsibility for damage to the windscreen or tires to the amount specified in the Tariff;
    5. e) Super Cover (hereafter ‘SC’) covers your financial responsibility in case of damage, including damage or loss to: wheels (rims, cap, tires), windows, side-view mirrors, wipers, interior and trunk of the Vehicle, roof and chassis (including muffler and sump), registration plates as well as contamination resulting in permanent damage to the coating. In case of theft the SC option restricts your financial responsibility to the amount specified in the Tariff.
  3. Protection described in the paragraphs 1 – 2 above applies only if you fulfill your obligations specified in §6 above. The protection also does not apply in case of deliberate action or gross violation of the Terms and Conditions or applicable law by you or person you designated to drive the Vehicle.

§8. Our responsibility

  1. We are not responsible for any fines, penalties or charges resulting from your violation of the applicable law or any other regulations during the usage of the Vehicle
  2. We are not responsible for any items lost or left in the Vehicle
  3. We are not responsible for any losses related to the usage of the Vehicle if they result from your deliberate action or omission.

§9. Personal data

  1. We  process your personal data in accordance with article 23, paragraph 1 of the Personal Data Protection Act (Journal of Laws from 2002 No. 101 position 926 as amended) to provide the rental services to you as well as for statistical analysis, archiving, accounts receivable control and protection of our assets. Your personal data may be shared in this regard with our cooperating entities.
  2. You have the right to access the information we hold about you, to ask for any personal data to be filled, updated, corrected, temporarily or permanently stopped being processed or deleted.

§10. Legal competence

  1. The contract shall be governed by the law of the Republic of Poland and should be interpreted in accordance with it. To all matters not settled herein provisions of the Civil Code will apply.
  2. Any and all disputes arising in connection with the contract shall be resolved by the court