GENERAL TERMS AND CONDITIONS OF RENTAL
General Terms and Conditions of Rental (herein referred to as the T&Cs) determine the specific conditions of vehicle rental agreements concluded by Senala sp. z o.o. sp. K. Kornasa 11C, Katowice as a part of the rental company’s business activity. T&Cs apply to all of the abovementioned agreements unless the agreement explicitly states otherwise.
Renter: Senala sp. z o.o. sp. K. Kornasa 11C, Katowice
Rentee: Natural or legal person referred to in the agreement signed by the Rentee who accepts the general terms and conditions of rental and personal responsibility for the vehicle entrusted on terms specified in the agreement as well as the responsibility for all persons to whom the Rentee shall entrust the rented vehicle.
- 1 General provisions
- The Renter hands over to the Rentee a vehicle in a good, working condition, without damages and flaws. All remarks concerning the condition of the vehicle should be reported no later than at the time of its reception, otherwise the Rentee shall lose the right to invoke them at a later date.
- At the time of vehicle rental, the Rentee and the person entitled to drive the vehicle must be at least 21 years old. They must have the appropriate driving license as recognized within the territory of the Republic of Poland for the vehicle provided for at least 12 months prior to the rental.
- Prior to the conclusion of the agreement, the Rentee, as the person authorized to drive the vehicle, must not use it without the consent of the Renter.
- A third party not stipulated in the rental agreement as the person entitled to drive the vehicle cannot use it without the consent of the Renter.
- The Renter may allow a person chosen by the Rentee to drive the vehicle (second driver) provided that the Rentee notifies such intention before the signature of the rental agreement and shows driving license valid for at least 12 months and recognised on the territory of the Republic of Poland as well as a valid identity card or passport of the chosen person.
If the Rentee is not able to submit the abovementioned documents at the moment of conclusion of the rental agreement, The Rentee is obliged to show or send the documents by fax to the Renter’s office within 24 hours of the conclusion of the agreement, under pain of nullity of the chosen person’s authorisation to use the vehicle.
- The vehicle cannot be subrented or made available for use to other person without prior written consent of the Renter. The vehicle also cannot be handed to a person not specified in the agreement as authorized by the Rentee to use it, in accordance with Sections 4 and 5 of the Article 1 of the agreement.
- The Rentee is liable for actions and damage caused by any person designated by the Rentee as authorized to drive the vehicle.
- If the authorisation referred to in Section 4 of Article 1 is cancelled, the Rentee is obliged to immediately inform the Renter about it, with the stipulation that the Rentee shall be held responsible to the Renter for any damage caused by failure to provide the abovementioned information.
- Should the Rentee make the rented vehicle availabe for use to a person who does not meet the criteria provided in the T&Cs or to a person not authorized to drive the vehicle, the Rentee is obliged to pay a contractual penalty of PLN 1000 for each unauthorized person using the vehicle. The payment of this stipulated penalty shall be without prejudice to the right to seek compensation exceeding the value of this stipulated penalty.
- The rental agreement shall specify the kind, brand and group of the vehicle, term of the agreement as well as the exact cost of the vehicle rental which shall be covered by the Rentee.
- The rental day lasts 24 hours, starting from the time of the rental commencement specified in the agreement, or, if no date has been specified, from the execution of the rental agreement.
- The Renter reserves the right to collect the vehicle immediately from the Rentee or any person who holds the vehicle, at the sole expense of the Rentee, in the event that the vehicle was used in a manner inconsistent with the agreement or in the event of delay in payment of rent.
- In the event that the Rentee is charged with a contractual penalty as a result of circumstances specified in the T&Cs, the Renter has the right to demand supplementary compensation if the damage suffered exceeds the contractual penalty.
- Contractual penalty is independent from personal deductible.
- All prices specified in the T&Cs are gross prices.
- The Rentee undertakes and assumes responsibility for acquainting the person authorized to drive the vehicle with the contents of the T&Cs and is responsible for compliance by this person with the rules of T&Cs, including the fulfillment of the duties which apply to the Rentee.
- If the Rentee discovers a defect in the vehicle which may presents a risk to road safety or lead to greater damage, further use of the vehicle is forbidden until the defect has been corrected. In such an event, the Rentee is obliged to contact the Renter immediately and follow the Renter’s instructions.
- The Rentee cannot transfer any rights arising out of the Rental Agreement without the consent of the Renter.
- 2 Obligations of the Rentee
- The Rentee is obliged to return the vehicle to the Renter in the condition in which it had been rented, with all of the standard equipment and documents, not later than at the vehicle’s return date specified in the rental agreement. The vehicle should be returned in a condition which enables the Renter to make visual inspection, otherwise the Renter reserves the right to perform binding, unilateral visual inspection of the vehicle only after it has been washed, within 24 hours after the return.
- The Rentee receives a fully fuelled vehicle and is obliged to return the vehicle
with a full tank of gasoline, otherwise the Rentee is obliged to pay the Renter a contractual penalty in the amount specified in the rental agreement.
- Without the consent of the Renter, the Rentee cannot move the rented vehicle outside the territory of the Republic of Poland. In case of the infringement of this obligation, the Rentee is obliged to pay the Renter a contractual penalty in the amount of three times the daily charge in accordance with the current price list.
- The Rentee is obliged to use the vehicle in accordance with its function and in a manner which does not reduce its value more than the normal wear resulting from correct operation.
- In particular, the Rentee is obliged to:
- comply with binding legal regulations of the country in which the vehicle is used,
- secure the vehicle by locking it and activating all available anti-theft devices each time after leaving the vehicle,
- protect the car keys, cards and other devices used to open the vehicle, start it and activate the anti-theft devices as well as the vehicle’s documentation (including driving licenses and vehicle cards, where provided) with due diligence,
- leave the vehicle only in guarded parking areas,
- pay traffic tickets, parking fees and other,
- transport only the permitted number of passengers,
- maintain proper technical condition of the vehicle and its equippment,
- follow the insurance company’s recommendations included in the conditions of insurance, related to securing the vehicle and its documents.
- It is forbidden to:
- leave the documents of the rented vehicle, keys or radio front panel
in the vehicle
- tow other vehicles with the rented car
- exceed the loading capacity of the car
- perform any alterations to the vehicle or any other changes contrary to its features and purpose without the consent of the Renter
- drive the vehicle under the influence of alcohol, after consumption of alcohol, use of drugs, intoxicants, psychotropic substances, narcotic substitutes within the meaning of the regulations on preventing drug addiction or medicines with similar effect
- flee the scene of accident after a collision or leave it despite the legal obligation of a driver to remain at the collision scene or the instruction to remain at the collision scene given by a police officer
- start the engine in conditions involving the risk of water being sucked into the engine
- use the vehicle for racing, contest driving and training for such use,
- use the vehicle for teaching someone to drive,
- smoke in the vehicle. In the event of a breach of this ban, the Rentee shall be charged for regenerating or cleaning the upholstery of the vehicle
- For providing the Rentee with access to information requested by law enforcement authorities and the Municipal Police required to complete proceedings in a minor offence or a crime, the Renter shall charge the Rentee an additional fee in the amount of PLN 100.
- In the event of losing the keys or vehicle’s documentation and damaging the vehicle’s upholstery, the Rentee is obliged to pay a contractual fine in the amount of PLN 600.
- 3 Charges
- The rent paid for vehicle rental is based on 24 hour periods. Delay in the vehicle’s return not exceeding the rental period specified in the agreement by more than 2 hours does not result in additional charge for another day.
- The rental is paid for in advance according to the rate applicable on the date of conclusion of the rental agreement in accordance with current price list.
- The Rentee has the right to choose the form of payment (cash, credit card, money transfer), but, at the time of rental, is obliged to hold and show his/her credit card.
- In the case of payment by credit card, the employee of the Renter charges the client’s account for the amount which includes the cost of vehicle rental.
- At the moment of vehicle rental, the Rentee’s card will be pre-authorized for the amount of own contribution/refundable deposit to provide security for costs of rental and other amounts due arising from the T&Cs or rental agreement.
- If the Rentee did not choose credit card as the form of payment, the funds on pre-authization hold shall be released after the vehicle is returned to the Renter.
- The pre-authorisation for the amount of personal deductible/securitydeposit expires after 7-14 days after the vehicle is returned, depending on the internal procedures of the credit card’s owner (BANK).
- All the prices contained in the current price list are quoted in Polish currency (zloty).
- 4 Pick-up and return of the vehicle
- The pick-up of the vehicle by the Rentee and its return to the Renter is confirmed by signing a hand-over protocol. The hand-over protocol constitutes an integral part of the rental agreement.
- The release and return of the vehicle by the Rentee shall take place in one of the five offices of the rental company or in other place (after making proper arrangements with an employee of the rental company and paying a service fee, in accordance with the current price list), using a hand-over protocol.
- The release of the vehicle to the Rentee takes place once both parties sign the hand-over protocol. Upon the release of the vehicle, the risk of loss, partial loss or damage to the vehicle, not attributable to the Renter, is transferred to the Rentee.
- If the rental period needs to be extended, the Rentee must inform the Renter about such need before the vehicle’s return date and obtain the Renter’s consent, otherwise the Rentee shall pay a fee for non-contractual use of the vehicle in the amout of two times the daily charge per started day in accordance with the current price list.
- Failure to inform the Renter about the intention to extend the rental period and failure to return the vehicle within 24 hours after the expiry of the rental agreement shall be considered as unlawful appropriation of the vehicle and may be reported to the Police as crime.
- If the the vehicle is not returned on time, the Renter shall be authorized to collect the vehicle, keys, insurance policy and vehicle’s documentation from the Rentee or any other person in possession of the vehicle and to charge the Rentee for all the costs incurred
in the process.
- 5 Insurance
- The Renter declares that the vehicle is insured (OC and AC insurance valid within the territory of the Republic of Poland). The insurance shall apply in accordance with the civil liability insurance policy only to the persons who use the vehicle with the consent of the Renter. Driving outside of the territory of the Republic of Poland requires prior consent of the Renter and purchase of additional insurance by the Rentee, valid within the territory of the country in which the vehicle will be used. In the event of driving outside the territory of the Republic of Poland without the consent of the Renter or an attempt to do it, the Rentee shall be obliged to pay a contractual penalty in the amout of three times the daily rent charge in accordance with the current price list, for each day the vehicle remains outside the territory of the Republic of Poland (PLN 1200 minimum).
- The Rentee declares that he/she is aware of the vehicle insurance consitions and understands their content.
- In the case of any damage to the vehicle and/or its equipment and/or theft
occurring in circumstances which, in accordance with the conditions of the insurance, will lead to the compensation be covered by the AC insurance policy, the Rentee shall pay the Renter an additional fee constituting a personal deductible for damage corresponding to the amount of security deposit.
- The Rentee’s deductible for damage shall not prevent the Renter from seeking full compensation for the damage and is independent from the contractual penalties. In particular, the Rentee shall be obliged to make good any damage suffered by the Renter as the result of loss or damage to the vehicle within a scope in which the damage was not covered by AC and/or OC insurance compensation.
- 6 Responsibility of the Rentee
- The Rentee accepts full liability for the rented vehicle from the moment of pick-up to the return of the vehicle to the Renter.
- In particular, the Rentee accepts full material liability for the rented vehicle:
- in the event of damage, total or partial theft of the vehicle not covered by the AC insurance or occurring in circumstances which exclude the liability of the vehicle’s Insurer or if the Insurer refuses to pay compensation as the result of a failure to perform appropriate actions,
- in the event of other damage, to the vehicle and/or other, as a result of a breach of road traffic safety or other applicable provisions of the law, when the Insurer refuses to pay compensation as the result of this event or a failure to perform appropriate actions,
- in the event of theft of accessories, device or installations constituting standard or additional equipment of the vehicle (e.g. radio sets, music players, radio communications equipment, CD player, roof rack, etc.) which are not covered by insurance,
- where, in accordance with the conditions of the insurance, the Insurer’s liability is excluded.
- Moreover, the Rentee is fully responsible for damage, loss or reduction of the vehicle’s value and damage inflicted to third parties which was not covered by the Insurer and which occurred while the rental agreement was in effect.
- The responsibility for correct operation of the vehicle as well as the risk of loss, damage or destruction of the vehicle lies with the Rentee. The liability of the Insurer is only secondary. In the event of damage to the vehicle caused by incorrect operation or the Rentee’s negligence, the Renter has the right to seek compensation from the Rentee for the damage in the full amount.
- The Rentee is fully liable for damage to the vehicle and theft if the Renter, despite due diligence, does not obtain compensation from the Insurer for the damage to the vehicle and the reasons for refusal to pay the compansation are outside the Renter’s control.
- The Rentee is exclusively liable to third parties for the damage caused
by the use of the rented vehicle, even if the provisions of the law place the responsibility on the Renter as the owner or freeholder of the vehicle.
- If the vehicle or its parts are stolen or damaged in any way for reasons attributable to the Rentee or the person using the vehicle, the Rentee is obliged to pay the Renter an equivalent of the lost rental revenue, calculated by multiplying the number of days the Renter was deprived of the possibility to use the vehicle as part of the business activity by daily rental charge.
- The Rentee is fully liable for damage to tyres, widows, side mirrors (also the damage which occurred during parking), undercarriage, wipers and interior (damage to the equipment, damage to the upholstery, staining the upholstery and damage caused by cigarette ends).
- Immediately after the return of the vehicle, an exchange for another vehicle or reception of the Insurer’s decision on refusing to pay compensation, the Renter reserves the right to charge the Rentee for:
- missing equipment described in the hand-over protocol and damage exceeding the normal wear within the interior and on the exterior of the vehicle,
- damage caused by incorrect operation or the Rentee’s negligence which does not result from the risks covered by the insurance (e.g. damaged mirrors, cracked headlights, minor damage to vehicle body elements, etc.),
- fixing other damage and restoring the vehicle to the original condition,
- loss of market value of the vehicle as the result of damage, where the cause of the damage is fully or partially attributable to the Rentee and/or the person authorized to drive the vehicle and/or the passanger or loss of market value resulting from any alterations/changes in the vehicle which are contrary to its features and purpose and were performed without the consent of the Renter,
- damage suffered as the result of improper protection of the vehicle and its documents.
- 7 Accident and theft
- In the event of an accident, collision (either resulting in damage to the vehicle or not), theft of the vehicle or its equipment or damage in any form, the Rentee or the person using the vehicle is obliged to call the Police to the scene and request a protocol/official note regarding the event to be prepared, obtain written certification of the losses and damage and deliver it to the Renter. Every accident, collision, damage, loss or theft of the vehicle and/or its equipment must be immediately (not later than 6 hours after the event) reported to the Renter, in a manner ensuring that he is aware of the event. Moreover, The Rentee or other person using the vehicle is obliged to collect and deliver to the Renter (within 24 hours of the event) the data of all persons involved in the event, insurance policy numbers, names of police officers who arrived at the scene and secure the vehicle from further damage or destruction.
- Under no circumstances the Rentee shall accept any third-party claims. The Rentee is obliged to help the Renter and/or the Insurer as regards any claims and/or court cases pending in relation to the accident, collision or damage by, in particular:
- delivering complete and confirmed accident statement,
- delivering complete data of the persons involved, witnesses and detailed description of the event,
- not leaving the vehicle unattended and unsecured,
- taking all necessary actions to determine the party responsible for the event and securing all evidence which may help determine the liability of the party responsible where the accident or damage was caused by a third party.
- If the event of violation any of the abovementioned provisions, the Rentee is fully liable for the damage caused to the Renter or a third party.
- 8 Security deposit
- In order to secure the claims of the Renter which may arise from this agreement, the Rentee is obliged to pay a security deposit in the amout of PLN 400-10.000 not later than at the time the vehicle’s pick-up.
- The Rentee accepts that the deposit described in the previous section may be included in the amounts due to the Renter, especially the amount due on account of rent, damage to the vehicle, contractual penalties, compensations for non-contractual use of the vehicle, personal deductible in the event of damage or theft of the vehicle.
- The deposit does not limit the liability of the Rentee and the Renter reserves the right to seek compensation exceeding the amount of deposit if it does not cover the value of the damage suffered by the Renter.
- The deposit may be held by the Renter until the claim has been fully settled, without prejudice to the regulations of the Article 3 of the T&Cs.
- 9 Seat of the court and court’s jurisdiction
- The agreement shall be governed and interpreted in accordance with Polish law. Any disputes which may arise in connection with the agreement shall be settled by the court competent for the Renters registered office.
- Any changes to the T&Cs must be made in writing, otherwise being null and void.
- 10 Liability and rights of the Renter
- The Renter shall not be liable for any items transported, lost or left
in the vehicle and any charges due or fines (traffic tickets) imposed on the Rentee arising from the use of the vehicle during the rental period.
- The Renter shall not be liable to third parties for any insurance claims arising from any damage caused by the Rentee or the person using the vehicle during the rental period.
- The Rentee accepts that vehicles of the Renter may be equipped with GPS tracking systems enabling strict monitoring and remote immobilisation.
- The Renter reserves the right to perform detailed visual inspection of the vehicle after its return (within 24 hours following the vehicle’s return).
- 11 Statement of the Rentee
- The Rentee confirms that he/she has been informed by an employee of the Senala sp. z o.o. sp. K., about the following:
- type of fuel required for the vehicle,
- obligation to return the vehicle along with the keys, registration certificate and car park ticket,
- location and the way of returning the vehicle.
The Rentee confirms that he/she received the T&Cs prior to signing of the rental agreement, read its contents, understands them and accepts them.