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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 kilometres is determined in the Rental Agreement, it is agreed that in case of exceeding the specified limit of kilometres 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 kilometres over the specified limit and the rates per kilometre of over mileage specified in the Rental Agreement.
  4. In case 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 the 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 in returning the car, the Renter will be obliged to pay compensation in the 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 act the utmost diligence.
  2. The Renter is entitled to use the car which is the subject of this agreement only within the territory of the Republic of Poland. 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 – is 246 PLN. Zone II includes other EU countries and CH. 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. In case of going abroad without the prior consent of the Rental Company (unauthorized travel), the Renter bears full financial and legal responsibility for any damage and breakdowns on the rented vehicle, and shall pay the Rental Company a contractual penalty in the amount of PLN 1 000.
  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 1 000, which does not exclude the right of the Rental Company to seek additional compensation on general terms.
  7. The Renter hereby agrees that in the event of delay in any payment resulting from this Agreement or from the concluded Detailed Agreement, the Rental Company may limit the Renter’s use of the rented vehicle by blocking the ignition using the GPS system installed in the vehicle.

§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 refuelling 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 123. 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 shall be fully liable for damages resulting from the delay in fulfilling the obligation referred to in the preceding paragraph and shall pay to the Rental Company a contractual penalty in the amount of PLN 500.

§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 provisions of the preceding paragraphs, in the event of any damage  inflicted on the subject of the lease, the Renter is each time obliged to pay compensation to the Rental Company in the amount depending on the class of the rented car according to provisions stated in the Rental Agreement, as a way of own contribution to the costs.
  5. The Renter may limit or exclude his own contribution to damages as referred to in paragraph 8 item 4, in case of purchasing the Super Package not later than at the time of concluding the Rental Agreement. The Super Package fully eliminates the amount of own contribution in any damage provided that all the formalities indicated in this agreement have been completed by the Renter, and the Renter has paid the appropriate amount indicated in the Rental Agreement. The acceptance of the Super Package payment is specified in the Specific Rental Terms and Conditions. The purchase of Super Package does not limit the Renter’s liability in the event of violation of law, car insurance conditions and these rental conditions.

§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 days). In 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 and shall pay the Rental Company a contractual penalty in the amount of PLN 500.
  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

  1. 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

Pursuant to Article 13 of the General Data Protection Regulation dated 27 April 2016 (EU Official Journal L 119 dated 4 May 2016), we inform that:

  1. the Personal Data Controller (hereinafter referred to as the Controller) of your personal data is a company under the name MM Service Lease Sp. z o.o. with its registered office in Katowice 40-271 [area code], at ul. Lotnisko 81;
  2. Data Protection Officer (DPO) is available at: iod@mmservicelease.pl;
  3. the personal data shall be processed in order to book a car pursuant to Article 6(1)(a) of the General Data Protection Regulation dated 27 April 2016;
  4. the personal data are stored to be used for purposes stated in point 3);
  5. the data subject shall have the right to access their personal data, the right to request correction, deletion or limitation of processing , the right to withdraw consent and the right to transfer the data;
  6. the data subject shall have the right to lodge a complaint with a supervisory authority,
  7. providing of personal data is voluntary, however it is necessary for provision of services like car reservation.

§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.