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Rental terms and conditions

GENERAL RENTAL TERMS AND CONDITIONS

§ 1
1. Rental Company MM Service Lease Polska Sp. z o.o. rents the Renter indicated in the Specific Rental Terms and Conditions a car being the subject of the rental, indicated and specified in the Specific Rental Terms and Conditions. Specific Rental Terms and Conditions are located on the back or on a separate page, which is an integral part of the agreement. 2. The car is rented for a period specified in the Specific Rental Terms and Conditions. 3. In case of early return of the car the Renter is not entitled to a refund for the unused period of the car rental. 4. The payment for rental is payable to the Rental Company in advance.

§ 2

1. The Renter agrees to pay fee to the Rental company for the car rental at the rate specified in the Specific Rental Terms and Conditions. 2. Rental rates relate to periods of 24 hours and are charged for each commenced 24 hours from the date and time specified in the Specific Rental Terms and Conditions.3. If the daily limit of kilometers is determined in the Rental Agreement, it is agreed that in case of exceeding the specified limit of kilometers the Renter will be required upon completion of the Rental to pay the Rental Company additional fee in the amount equal to the product of the number of kilometers over the specified limit and the rates per kilometer of over mileage specified in the Rental Agreement.4. In case if the Rental Company  receives an order from the Insurer  to rent a replacement vehicle for the Renter, constituting a guarantee of payment, a basic rental cost for the period specified in the guarantee payment for the car will be regulated by the Insurer under the terms between the Rental Company  and Insurer – the rental principal. This does not exempt the Renter from payment to the Rental Company of all the additional charges listed in the Rental Agreement including payments resulting from the delay in returning the rented vehicle on the date specified by the Insurer, and also does not alter the liability of the Renter for the Rental object specified in this agreement.

§3

1. The Rental Company declares that the rented car is technically and operationally roadworthy, meets the requirements for admission to traffic on Polish territory. 2. Along with the car the Rental Company provides the Renter with the vehicle’s registration documents with the confirmation of the third party liability insurance and one set of keys. The Renter is obliged to return the car with the above-mentioned equipment.

§4

1. The Renter is obliged to return the car being rented at the time and place specified in the Specific Rental Terms and Conditions. 2. Extension of the rental period requires a change of agreement. For the validity of the extension of the rental period must be agreed in writing. In special cases it is permitted to exchange compliant declarations of intent via e-mail. 3. In case of delay the return of the car the Renter will be obliged to pay compensation in an amount equal to the daily rate as stated in the agreement increased by 30% per each day of delay. 4. The returned car should be clean inside and outside. If the car is returned dirty the Renter shall pay the Rental Company a fee for washing the car in the amount of PLN 123.

§5

1. The Renter is obliged to use the vehicle in accordance with the instructions, traffic regulations, and the purpose of the vehicle and the utmost diligence. 2. The Renter is entitled to use the car which is the subject of this agreement only on the Polish territory. Going abroad requires the prior consent of the Rental Company in writing and making payment depending on the zone to which the Renter will travel. Zone I includes the countries: DE, SK, CZ, LT, LV, EE – the cost of travel to Zone I – 246 PLN. Zone II includes other EU countries. The cost to go to the Zone II – 615 PLN. The Rental Company does not agree to travel in the rented vehicle outside the countries listed above. 3. The Renter must not make any changes in the car rented to him.  4. It is forbidden to use the car in races, rallies and other similar events.  5. When leaving the vehicle, the Renter is required to activate all security systems installed in the vehicle. 6. Smoking and transporting animals is forbidden in all rented cars. In case of violation of the prohibition the Renter shall pay the Rental Company a contractual penalty in the amount of PLN 500, which does not exclude the possibility of additional compensation on general terms.

§6

1. The Renter bears the costs of the purchase of fuel and other supplies. The Renter is obliged to return the vehicle to the Rental Company with the amount of fuel not less than at its handover. In the case of shortages of fuel, the renter agrees to pay the cost of the refueling services dependent on the class of the rented car, for every 10% of the fuel tank (according to the indicator), missing fuel depending on the class of the rented vehicle in the amount of: Class A (Mini) PLN 28, class B (Economy) PLN 36, Class C (Compact) PLN 44, Class D (Intermediate) and higher PLN 56. 2. The Renter is obligated to pay on his own behalf any fines or other penalties resulting from violations of laws, traffic laws and regulations of public policy during the rental period. If the Renter receives a ticket or other penalty in connection with violation of traffic or other regulations, he will pay the Rental Company an administrative fee of PLN 100. This fee is valid for three years from the date of return of the car, if the Renter will receive a ticket for an offense arising during operation of the vehicle by the Renter. The Renter agrees that the Rental Company is authorized to charge the Renter’s credit card provided for the sake of this agreement, with the above mentioned amount.

§7

1. The Renter is obliged to immediately inform the Rental Company of any breakdown and the need to make repairs on the subject of the rental by calling the Rental Company’s phone number indicated in the Rental Agreement. 2. The Renter is liable for damages resulting from the delay in fulfilling the obligation referred to in the preceding paragraph.

§8

1. In case of car theft, burglary or car damage, the Renter is obliged to immediately notify the police and the Rental Company, no later than within 6 hours after notice of the event. Then the Renter is obliged to act according to the instructions given by phone or email by the Rental Company. 2. Wherever in this paragraph 8 refers to the Insurer, the insurance company is meant with which the Rental Company has entered into a contract of third party liability insurance (OC) and Auto-Casco (AC) agreement specified in their contract of third party liability insurance (OC) provided to the Renter, and if the responsibility for the damage is borne by a third party – insurance company of the perpetrator who is liable under the contract of compulsory insurance of third party liability of vehicle owners (OC). 3. The Renter shall bear full responsibility for the car in case of refusal of payment of compensation by the Insurer from the Renter’s fault and in particular in the following circumstances: a) making the car available to an unauthorized person, b) driving under the influence of alcohol or drugs, c) leaving the car unsecured from theft d) the occurrence of car theft with documents and/or keys, e) other – excluded from the scope of Auto-Casco (AC) insurance. 4. Notwithstanding the preceding paragraphs, in the event of any damage on the rental subject the Renter is each time obliged to pay the Rental Company the amount dependent on the class of the rented car (class A, B, (Mini, Economy) – PLN 1230, Class C (Compact) PLN 1500, class D (Intermediate and Standard) – PLN 1845, class E (Premium and Full Size) and higher PLN 4000), and if the Rental Agreement indicated a different amount – amount indicated, by way of own contribution. Own contribution does not apply in the case if the Renter shall be entitled to claim for compensation from the third party liability insurance of the perpetrator. 5. The Renter may exclude own contribution in the damage referred to in paragraph 8 section 4 in the case of purchase no later than at the time of conclusion of the rental of the Super Package, which after payment of a fee by the Renter in the amount of PLN 35 per rental day of car with class A, B ( mini and Economy), PLN 40 per rental day of car with class C (Compact), PLN 45 per rental day of car with class D (Intermediate and Standard) and PLN 100 for each rental day of car with class E (Premium and Full Size ) and higher and waives the own contribution in damage in case of completion of all formalities by the Renter indicated herein. Fee for the Super Package will not be charged for the period from the 16th to the 30th day of rental. Acceptance of payment of Super Package is  specified in the Specific Rental Terms and Conditions. Purchase of Super Package does not limit the liability of the Renter in case of violation of the law, the terms of insurance and these rental terms. The Super Package does not preclude the financial responsibility of the Renter in case of damage to tires and glass. The Renter may purchase a WG Package at the latest at the time of conclusion of the rental agreement, which waives the Renter’s responsibility in case of damage to tires and / or glass. In the case of class A (Mini) the WG fee is PLN 10 / rental day, class B (Economy) PLN 15 / rental day, class C (Compact) PLN 20 / rental day, class D (Intermediate) PLN 30 / rental day, class E and Van (Premium and Full size) PLN 50 / rental day, class SUV (Standard) PLN 40 / day rental. The WG fee will not be charged from the 16th to the 30th day of rental. 6. In the event of any damage the Renter agrees to actively participate in the liquidation process and, in particular, to provide a written description of circumstances of its emergence and to participate in other activities required by the insurer.

§9

1. The subject of rental cannot be without the consent of the Rental Company expressed in writing sublet or used free of charge. The Renter may authorize additional individual person to drive the rented car with the consent of the Rental Company. Such consent is issued after payment of the fee for an additional driver in the amount of PLN 20 per car rental day. (The maximum fee charged within a single rental agreement is for 15 persons). In the case of driving by a person not authorized by this Agreement, the Renter shall bear full financial and legal responsibility for any damage arising from providing the vehicle to an unauthorized person. 2. In case of returning the vehicle in another city the Renter shall pay a fee to the Rental Company in the amount of PLN 246. 3. The Renter may rent a GPS navigation along with a car. The cost of renting GPS is PLN 30,75 per 1 day of rental. The fee for the GPS will not be charged from the 16th to the 30th day of rental. 4. The minimum driving age is 18. Drivers aged 18-21 and over 70 years will be charged with an additional fee of PLN 15 / rental day of cars with classes M, E, C, and I.

§10

The Rental Company may terminate the agreement with immediate effect if the Renter: a) uses the vehicle in a manner inconsistent with its intended use, b) violates the provisions contained in this agreement c) shall not apply to road traffic regulations, d) participated in a road incident.

§11

1. After completion of the rental the Renter agrees to return the rented vehicle in the place where the vehicle was handed over to him, unless the parties agree in writing to another location, and also intact over wear resulting from proper operation. 2. Upon the returning of the car the Parties fill in the part of the rental agreement regarding the return of the vehicle or separate Return of the vehicle Protocol.

§12

1. The Renter agrees to copy identification documents, i.e. his identity card and driving license, which will be used exclusively for the implementation of the rental, including to inform the authorized bodies about users of vehicles in traffic offenses occurred. 2. The Renter agrees to the processing of his personal data provided in connection with the conclusion of the Agreement for the purposes of its implementation. The data administrator is the MM Service Lease Poland Sp. o. o., registered at Lotnisko 81, 40-271 Katowice. Data submission is voluntary, but the lack of providing personal data makes it impossible to conclude the rental agreement. The person whose personal data are processed has the right to inspect all their data and request their correction or deletion.

§13

The Rental Company shall not be liable for objects left or transported in the rented vehicles.

§14

If the Renter is an entrepreneur, then all disputes arising out of this Agreement or in connection with it, the parties submit to the decision of the court competent for the seat of the Rental Company, in the case of agreements with consumers to court of general jurisdiction.