Car Rental
MM CARS RENTAL

THE GENERAL RENTAL TERMS AND CONDITIONS MM SERVICE LEASE POLSKA SP. Z O.O.

 

 

Article 1 – Definitions

The capitalized terms used in the General Rental Terms and Conditions shall have the following meaning, which includes both the singular and plural forms of the defined expressions (unless specified otherwise):

  1. “The Rental Company” or “MMSL”– MM Service Lease Polska Sp. z o.o. with its registered office in Katowice at: ul. Lotnisko 81, 40‑271 Katowice, entered into the Register of Entrepreneurs kept by the District Court of Katowice-Wschód in Katowice, VIII Commercial Division of the National Court Register under the number KRS 0000092720, with the tax identification number NIP 9542391303,
  2. “The Renter” – the party to the Rental Agreement concluded with MMSL,
  3. “The User” – the Renter who is a natural person or a natural person authorized by the Renter to use the car; The User shall be at least 21 years old and shall hold the right to drive passenger vehicles for at least 2 years,
  4. “The Parties” – the Rental Company and the Renter,
  5. “Consumer” – a consumer within the meaning of the Civil Code,
  6. “The Rental Agreement” – the agreement under which the Rental Company gives the Vehicle to the Renter to use and undertakes to meet the additional benefits listed therein in exchange for payment of rent and other fees; The General Rental Terms and Conditions constitute an integral part of the Rental Agreement,
  7. “Short-term Rental Agreement” – the Rental Agreement concluded for a definite period of time, however, not longer than 31 days,
  8. “Vehicle” – a motor vehicle with equipment, which is the subject of the Rental Agreement,
  9. “ASC” – an the authorised service centre which is the part of a network organized by the vehicle manufacturer or distributor, providing warranty repairs;
  10. “Vehicle Handover Report” – a document which after its preparation is an integral part of the Rental Agreement, confirming the handing over of the Vehicle to the Renter or the return of the Vehicle by the Renter;
  11. “Vehicle Mileage Limit” – the number of kilometres specified in the Rental Agreement that the Vehicle can travel in the specified period, without incurring any additional costs and fees by the Renter; if the Rental Agreement does not specify the period for which the Vehicle Mileage Limit has been set, it is assumed that the mileage limit is fixed for the entire duration of the Rental Agreement,
  12. “The Insurer” – an insurance company with which the Vehicle Motor Insurance Contract has been concluded,
  13. “The Insurance” – the Vehicle insurance in the field of motor third party liability insurance of vehicle owners (MTPL)  and auto-casco (AC) insurance.
  14. “The Table of Fees and Commissions” – a list of fees constituting an integral part of the Rental Agreement,
  15. “Working day” – a day that is not a public holiday or Saturday,

 

Article 2 – Introductory  Provisions

  1. The General Rental Terms and Conditions along with other provisions of the Rental Agreement shall specify the conditions under which MMSL provides the Renter with the use of Vehicles and in addition supplies the agreed services to the benefit of the Renter, including:
    • arrangement of service activities,
    • tire service,
    • the Vehicle administration and management,
    • settlement of the motor insurance claims in the Vehicle,
    • arrangement of a replacement vehicle,
    • vehicle towing service in the event of immobilization due to damage or breakdown,
    • other additionally paid services, indicated in the Rental Agreement (door to door service, GPS devices, fuel cards, branding, additional service packages and more).
  2. In case of a conflict, the provisions of the Rental Agreement detailing the rights and obligations of the Parties and the provisions of the Rental Agreement individually agreed upon shall prevail over the General Rental Terms and Conditions.
  3. Whenever the consent of MMSL is referred to in this Agreement, it shall be explicit and granted at least in the document form of acts in law within the meaning of Art. 772 of the Civil Code.

 

Article 3 – Duration of the Rental Agreement, the Vehicle Handover

  1. MMSL undertakes to provide the Renter with the use of the Vehicle indicated in the Rental Agreement, and the Renter undertakes to pay the rent agreed upon and other charges indicated in the Rental Agreement.
  2. MMSL declares to possess the legal title to the Vehicle allowing to hand the Vehicle to the Renter for use or that it will possess the legal title to the Vehicle until the moment the Vehicle is handed over to the Renter.
  3. Sublease, lending or letting the Vehicle for use to a third party, on any basis, for a fee or free of charge, requires the consent of MMSL. However, the Renter shall not be discharged from any obligation under the Rental Agreement, and is obliged to ensure that the provisions of the Rental Agreement defining the obligations related to the use of the Vehicle will also be observed by the third party. For the acts and omissions of any third party to whom the Renter provides the vehicle to use or entrusts driving the Vehicle, the Renter is liable as for his own actions.
  4. The Vehicle is rented for a definite period of time indicated in the Rental Agreement. The duration of the Rental Agreement is counted from the date and time of handing the Vehicle over to the Renter, subject to Section 7.
  5. The Vehicle shall be handed over to the Renter at the place and time specified in the Rental Agreement and the collection of the Vehicle shall be confirmed by the Vehicle Handover Report. In case such a place is not agreed upon, the Vehicle shall be collected at the MMSL headquarters or MMSL branch.
  6. MMSL shall not be liable for any delay in delivery of the Vehicle, unless it results from the wilful misconduct or gross negligence of MMSL. In case of delay, MMSL shall notify the Renter of the new date of handing over the Vehicle.
  7. In case the Vehicle is not collected within the set time limit as a result of circumstances pertaining to the Renter, the rental period shall be deemed to commence on the date stated in the Rental Agreement.
  8. The Renter agrees to change the Vehicle to another one, if possible, in the same or higher class, the same type of power supply (diesel, gasoline) and a similar version of the equipment. This change does not affect the amount of rent.
  9. By signing the Vehicle Handover Report, the Renter declares to be aware of the technical condition of the Vehicle and does not raise any objections to it, the equipment of the Vehicle is complete, technically efficient and in accordance with the Rental Agreement and specific provisions for the given equipment, unless the Vehicle Handover Report contains other conditions or reservations.
  10. Any comments of the Renter regarding the technical condition of the Vehicle shall be noted not later than at the time of the Vehicle's collection in the Vehicle Handover Report.
  11. Within the limits permitted by law, the Parties exclude the liability of MMSL for physical defects of the Vehicle not found in the Vehicle Handover Report, both existing at the time of handing over the Vehicle and ascertained later, regardless of the legal basis for such liability.
  12. The extension of the rental period requires explicit consent of the Rental Company. Each extension of the rental period shall be notified by the person authorized to act on behalf of the Renter at least 24 hours before the return date indicated in the Rental Agreement, and shall be approved by the Rental Company. The consent to extend the rental period by no more than one day can be given by phone. In other cases, it is necessary to draw up an annex to the Rental Agreement at the headquarters or branch of the Rental Company. The annex shall be drawn up in writing under pain of nullity.
  13. Failure to return the Vehicle by the Renter within 12 hours from the expiration date of the Rental Agreement entitles MMSL to initiate the Vehicle recovery procedure.

 

Article 4 – The Renter's use of the Vehicle, repairs, inspections and maintenance of the Vehicle, tire service

  1. Unless otherwise agreed by the Parties, MMSL is obliged to provide and cover the costs of necessary replacement of parts and repairs of the Vehicle, resulting from normal wear and tear of the Vehicle, and shall bear the cost of any expenditure arising from the inspection and maintenance of the Vehicle.
  2. The Vehicle repairs resulting from normal wear and tear of the Vehicle shall not include bodywork or paint repairs, replacement of parts damaged as a result of road collisions or as a result of other actions or omissions by the Renter. The provision of service activities by MMSL does not release the Renter from the obligation to inform MMSL about the need to carry out a warranty or post-warranty inspection of the Vehicle in advance enabling MMSL to organize this inspection and does not release the Renter from liability for breach of this obligation. MMSL shall not bear the costs of scheduled maintenance of the Vehicle outside the Republic of Poland.
  3. The Renter is obliged to control the mileage record of the Vehicle and carry out inspections, repairs and maintenance of the Vehicle only in the authorized service centres indicated by MMSL, unless MMSL agrees to repair or maintain the Vehicle elsewhere. In order to determine the appropriate ASC, the Renter is obliged to contact MMSL each time before performing a vehicle inspection, repair or maintenance.
  4. The Renter is in particular obliged to carry out periodic inspections and maintenance of the Vehicle, registration reviews required by law and to make any repairs and renovations necessary to keep the vehicle in Good Condition. In case of doubts regarding the rules of proper operation of the Vehicle, it is required to contact the Rental Company.
  5. ‘Good Condition’ of the vehicle means a condition that is not inferior to the condition as of the date of handing over the Vehicle, taking into account its wear and tear as a result of proper use (“Good Condition”), and in particular means that:
    • the general appearance of the Vehicle (including the paint coating) may not differ from the standard appearance in relation to the age and mileage record of the Vehicle;
    • body parts, chassis and bumpers must not show any signs of damage such as dents, cracks, deformations or scratches on the paintwork,
    • elements of internal equipment must not be damaged (full technical efficiency and retaining aesthetic features),
    • components of internal equipment must not be soiled at the level that exceeds the ordinary wear and tear due to proper use,
    • mechanical components must not be worn to a greater extent than it results from the mileage of the Vehicle and the manufacturer's standards,
    • the method of mounting accessories and additional equipment components installed in the Vehicle as a result of the Renter's actions and their disassembly must not leave any traces in the Vehicle.
  6. Good Condition shall be determined on the basis of the criteria indicated in Section 5 hereinabove and the Vehicle Return Guide of the Polish Vehicle Rental and Leasing Association [in polish PZWLP] constituting an attachment to this Agreement, and also made available on the website https://pzwlp.pl/pzwlp/przewodniki-zwrotu-pojazdow-pzwlp.
  7. The Renter is obliged to immediately inform MMSL to the address operacyjny@mmsl.pl about all damages found in the Vehicle, resulting both from road incidents and in connection with normal operation of the Vehicle and other events.
  8. In case the Renter replaces the tires or rims of the Vehicle, they must be replaced with the same tires or rims, and in case the same tires are not available – with tires of the same size and class; it is not allowed to replace an individual tire with other one.
  9. The Renter undertakes to use the Vehicle with due diligence, in accordance with its intended purpose, in a way that does not reduce its value beyond normal wear and tear, in particular:
    • to use the Vehicle in accordance with the manufacturer's recommendations set out in the operating manual and in the terms of the Vehicle warranty and in compliance with the terms described in the General Rental Terms and Conditions,
    • to make periodic warranty and post-warranty inspections required or recommended by the Manufacturer, within the time limits specified in the operating manual, a warranty document, inspection book or other similar documents and/or as indicated on the Vehicle's on-board equipment, with particular regard to the need to prevent the expiry of the warranty rights as a result of failure to meet the inspection deadline,
    • to immediately inform the Rental Company if case an indicator lights up or a message is displayed on the on-board computer, which in accordance with the vehicle manufacturer's instructions may indicate the possibility of a vehicle fault, or in case of finding any defects of the Vehicle by the Renter, and cease to use the Vehicle until the receipt of consent of the Rental Company.
    • to secure the Vehicle against theft (lock the Vehicle and  activate all anti-theft devices installed in the Vehicle that protect it against theft i.e. immobilizers, car alarms, gearbox locks, etc.) each time the Renter leaves the Vehicle,
    • to protect with care the Vehicle keys and documents (in particular the registration certificate),
    • to use fuel that complies with the technical specification of the Vehicle,
    • to ensure the limit of transported persons and the load limit adhere to the value specified for a given type of vehicle,
    • not to tow other vehicles,
    • not to share the Vehicle with anyone other than the person authorized by the Rental Company,
    • not to drink alcohol in the rented Vehicle,
    • not to drive the Vehicle in condition of insobriety, under the influence of alcohol or other intoxicants, psychotropic substances, substitutes or new psychoactive substances within the meaning of The Act of 29 July 2005 on counteracting drug addiction (Journal of Laws No. 179, item 1485, as amended),
    • not to use the Vehicle without the consent of MMSL for racing, testing, driving lessons, as a taxi, commercial passenger transport, a prop or in another way causing faster wear, unless the Rental Agreement expressly allows for such use,
    • to use the Vehicle in accordance with generally applicable legal regulations, including traffic regulations of the Country in which the Vehicle is used,
    • not to transport any animals,
    • not to transport explosives, corrosives or substances of strong, intense odour,
    • not to smoke tobacco and other tobacco products in the Vehicle and not to use electronic cigarettes,
    • not to make any changes to the Vehicle, in particular not to install additional equipment in the Vehicle without obtaining the consent of MMSL and not interfere with GPS locators, mileage recorders or other similar devices which the Vehicle is equipped with,
    • not to apply any markings to the Vehicle without the consent of the Rental Company; in case of obtaining the consent, the Renter is obliged to apply the marking in a reversible manner, not violating the paint coating or other elements of the Vehicle, and after the expiry of the Rental Agreement, remove them at the Renter’s own expense in a way that does not affect the paint coating or other elements of the Vehicle,
    • not to carry out any repairs independently or in repair plants chosen by the Renter's unauthorised decision,
    • to perform daily maintenance, and in particular when necessary to refuel (charge the battery of plug-in or electric hybrid vehicles), refill oil, operating fluids (AdBlue agent, brake fluid, coolant and other), check the condition of tires (in particular the pressure level) and top it up when necessary, keep the Vehicle clean inside and outside. The Renter shall carry out all of the activities listed in this section at his own expense.
  10. In the case of breach of the obligations referred to in Section 9, MMSL reserves the right to charge the Renter with fees included in the Table of Fees and Commissions, regardless of the Renter's liability for damage caused.
  11. In the case of breach by the Renter of the obligations set out in Section 9, which will result in the loss of the warranty granted on the Vehicle, the Renter shall bear the costs of repairs that would normally be carried out under the warranty, which does not exclude or limit the other obligations of the Renter under the law and this Agreement. In case the warranty is lost in conditions justifying the Renter's payment of the fee indicated in the Table of Fees and Commissions, the obligation to bear the costs applies to costs exceeding the amount of the fee, provided that the fee has been paid.
  12. MMSL shall provide the Renter with:
    • the number of winter and summer tires and rims specified in the Rental Agreement; in case the number of tires is not specified in the Rental Agreement, MMSL shall provide the Renter with one set of summer tires and one set of winter tires,
    • tire and rim replacement service,
    • tire and rim storage service,
  13. In case of damage or destruction of tires, rims, hubcaps or mud flaps or their wear exceeding the normal wear and tear, the costs of their repair or replacement shall be borne by the Renter.
  14. MMSL is not obliged to provide or bear the cost of recovering lost keys, alarm remote controls, registration plates, registration certificate and replacement costs of other lost elements of the Vehicle equipment.
  15. MMSL is not obliged to provide or bear the costs of wiper blades replaced more than once a year (including the factory set) and the costs of extinguishers replacement and legalisation.
  16. The Renter is obliged to bear all public and legal fees related to the Vehicle or use of the Vehicle implemented before and after the conclusion of the Rental Agreement, in particular fees, taxes and other charges arising from mandatory provisions of law, in particular to pay road tickets, local taxes, environmental taxes, RTV subscription, parking fees, highway tolls and vignettes, even if such burdens, according to the relevant regulations, apply to the owner or the holder of the Vehicle. Fees, taxes and other charges arising after the date of conclusion the Rental Agreement are charged to the Renter.
  17. It is forbidden to use the Vehicle on the territory of Russia, Ukraine, Belarus, Moldova, Turkey, Kosovo, outside Europe and in countries not covered by the Insurance.
  18. Without prejudice to the provisions of Section 17 any intention to cross the Polish border by the Vehicle requires prior consent of the Rental Company; the Renter is obliged to inform MMSL about the intention to cross the border in the document form to the email address: operacyjny@mmsl.pl, at least 2 full Working Days before crossing the border; the use of the Vehicle outside the Republic of Poland is paid extra; MMSL shall make a decision on giving the consent at the latest on the second Working Day after notification of the intention to cross the border; MMSL may refuse consent, in particular if the Renter is in delay with payment of any amounts due to MMSL.
  19. The Renter shall be in the possession of valid personal documents and the Vehicle documents required in European countries, in particular the driving license document. Before entering countries that do not honour the Polish driving license, “an international driving license” shall be obtained or other required document by the Country in which the Renter is planning to drive the rented Vehicle.
  20. The Renter applies to the Rental Company for issuing of a Green Card document, which is necessary in Bosnia and Herzegovina, Montenegro, Macedonia, Albania and other countries that require this insurance; without this document, travelling in the above-mentioned countries by the rented Vehicle is prohibited.
  21. In case a trip outside the Republic of Poland, the Renter shall take care of all the necessary additional equipment of the Vehicle required by the Countries to which the travel is planned (i.e. reflective vests, first aid kit, set of spare bulbs, warning triangle).
  22. MMSL reserves the right to check the correct use of the Vehicle and its technical condition at any time, and the Renter is obliged to present the Vehicle at each MMSL request, at the place and time indicated by MMSL.
  23. In case of failure to make the Vehicle available at the place and time indicated by MMSL, the Renter shall be obliged to pay remuneration for preparation for inspection, in the amount specified in the Table of Fees and Commissions.
  24. MMSL reserves the right to equip the Vehicle, at the Rental Company expense, both before and after the Vehicle is handed over to the Renter, with GPS locators, mileage recorders or other similar devices, including those equipped with the ignition cut-off function, without notifying the Renter thereof; The Renter agrees to the above and undertakes to inform the Users about the possibility of installing such devices.
  25. Upon each MMSL request, no later than within 7 days of the request being made, the Renter shall make the Vehicle available to MMSL, in the place indicated by MMSL, in order to enable the Rental Company to install the equipment referred to in Section 25. The provisions of Section 23 shall apply accordingly.
  26. MMSL reserves the right to place its identification markings on the Vehicles being the subject of rent.
  27. MMSL shall not be liable for damages suffered by the Renter as a result of a breakdown, damage to the Vehicle, accident or collision, nor delay in its repair, unless the damage was caused by MMSL due to intentional fault.
  28. Subject to generally applicable provisions and provisions of the General Rental Terms and Conditions and the Rental Agreement, the Rental Company shall not be liable for damages incurred by the Renter resulting from any inability to use the Vehicle, the Vehicle breakdown, damage to the Vehicle, accident or act prohibited by law.

 

Article 5 – Motor vehicle insurance and claims settlement

  1. Unless the Parties have made separate agreements that the Renter is obliged to insure the Vehicle, MMSL shall conclude the third party liability insurance and AC insurance contract before handing over the Vehicle to the Renter.
  2. In case the Renter acquires MMSL's consent to insure the Vehicle on their own and it turns out at any time that the insurance does not meet the criteria set out by MMSL or the insurance contract has not been concluded at least 7 days before the expiry date of the current one, MMSL may insure the Vehicle on its own at the expense of the Renter.
  3. The scope of the Insurer's liability is specified in the General Terms and Conditions of the Insurance.
  4. The Renter and the User are obliged to read the provisions of insurance policies, general conditions of vehicle insurance contracts and changes in the general conditions of vehicle insurance contracts and comply with the contained provisions. The provisions of the General Terms and Conditions of insurance contracts concluded are available at the addresses of Insurance Companies, to which the Rental Company refers to at the website: www.mmcarsrental.pl, while the AC insurance policies are forwarded together with the proof of conclusion of the third party liability insurance or are available at the branches and the seat of MMSL.
  5. The Insurance is valid throughout the Republic of Poland and the entire European Union.
  6. As part of the Vehicle Damage Repair Service, MMSL shall carry out activities aimed at settling the motor damages arising in the Vehicle; The Renter undertakes to cooperate with MMSL in the settlement of damage to the necessary extent, in particular to provide the necessary information and documents; MMSL's obligation to liquidate damages to the Vehicle does not imply accepting liability for this damage, and/or guaranteeing compensation or releasing the Renter from the obligation to pay for the repair, provided that such obligation is imposed on the Renter on general bases.
  7. In case of theft, damage, collision or accident of the Vehicle, the Renter is obliged to immediately notify MMSL at the address operacyjny@mmsl.pl as well as the Insurer, but not later than within 24 hours from the time of the event.
  8. In case of theft of the Vehicle or any element constituting its equipment, the Renter is obliged to immediately report the event to the nearest Police unit, but not later than within 12 hours of identifying the condition. In addition, the Renter is obliged to provide MMSL with all documents obtained from the Police and the Insurer within 48 hours; these documents may be delivered by e-mail (scans of documents).
  9. In the accident report drawn up at the scene of the event, the Renter shall record all the details of the participants and witnesses of the accident. The Renter is obliged to assist the Rental Company and the Insurer in all claims or court cases in connection with the Vehicle damage or theft.
  10. In case of damage or breakdown of the rented Vehicle, the Renter is obliged to secure the Vehicle, minimizing the extent of damage by its own effort and at its own costs; in justified cases, to bring the Vehicle to the guarded car park at its own expense in the event of not using Assistance, as well as to inform about the place where the Vehicle is located.
  11. The Renter is obliged to reliably complete the necessary documentation to the Rental Company or the Insurer (in particular: an accident report, a copy of the driving license and valid document of personal identity) immediately after the request by the Rental Company or the Insurer, but not later than within 2 days of receipt of the request from the Rental Company or the Insurer, and to participate in the claims settlement procedure by submitting the statements required by the Insurer. In case the Vehicle is entrusted to another person, the Renter is obliged to ensure the participation of that person in the claim settlement procedure in accordance with the principles set out in this section.
  12. If the damage occurred as a result of a collision / road accident due to the fault of third parties or other reasons not attributable to the Renter, but with the participation of third parties, the Renter is obliged to make every effort to obtain a written statement from the collision / accident participant and event witnesses and to notify the Police in order to draw up an appropriate report.
  13. The Renter is obliged to immediately inform the Rental Company about sharing the third party liability policy data with the third party (participant of the event resulting in motor claims).
  14. In case of loss of vehicle keys, the Renter is obliged to secure the Vehicle against theft and immediately, but not later than within 1 hour of becoming aware of the keys loss, inform the Rental Company about the fact.
  15. The Renter is responsible for damages, losses or decrease in the value of the rented Vehicle caused during the Rental Agreement, which are not covered by Auto-Casco insurance, and in particular if the damage was caused:
    • intentionally or as a result of gross negligence,
    • in the state of insobriety or state after the use of drugs, intoxicants, psychotropic substances or other similar substances, according to the regulations on counteracting drug addiction or medicines having similar effect,
    • by a person who does not possess the required license to drive a given type of vehicle,
    • by leaving the place of accident without a legitimate reason,
    • by making an incorrect statement as to the place, time, circumstances and causes of damage,
    • by exceeding the speed limit by at least 30 km/h or in the event of other gross violation of traffic rules,
    • when a driver was not the person authorized by the Rental Company to drive the Vehicle,
    • on account of theft of the Vehicle in which not all anti-theft devices installed have been activated,
    • on account of theft of the Vehicle in the event that the Renter is unable to provide the Vehicle keys or registration certificate,
    • in connection with the technical condition of the Vehicle – if the Renter is responsible for the technical condition of the Vehicle,
    • in other circumstances not covered by the Insurer's liability.
  16. In case the perpetrator's third party liability insurance does not cover the damage, the Renter is obliged to pay a fee for the benefit of the Rental Company to carry out damage liquidation process and in consideration of the loss of market value of the Vehicle (claim settlement fee). The Renter may be released from the obligation to pay a claim settlement fee (waiving of the claim settlement fee) for an additional payment. The additional payment for waiving of the claim settlement fee is charged for each day (in case of Rental Agreement for a period of time shorter than one month) or month (in case of Rental Agreement for a period equal to or longer than one month) of the Rental Agreement duration. The additional payment for waiving of the claim settlement fee does not release the Renter from the obligation to actively participate in the claim settlement process in accordance with the provisions of this Section.
  17. In case of a total damage in the Vehicle as defined in the insurance contract, the subject of which is the Vehicle or in case of theft of the Vehicle, the Renter is obliged to pay the rent if using a replacement vehicle and the obligation shall expire on the date of returning the replacement vehicle. In the absence of receiving a replacement vehicle, the obligation to pay the rent expires on the date of destruction or theft of the Vehicle.
  18. The Renter is always required to perform all activities required under the General Terms and Conditions of Insurance contract, necessary for the Insurer to proceed as quickly as possible with a view to settling the claim or repair.

 

Article 6 – Replacement vehicle

  1. The Rental Company is obliged to provide a replacement vehicle in the event of a breakdown, repair or road traffic accident resulting for reasons not attributable to the Renter and causing the Vehicle to be immobilized for a period longer than 24 hours. The Rental Company is not obliged to provide a replacement vehicle in the event of a vehicle breakdown resulting from a violation of the Vehicle operating rules and in the following circumstances:
    • the Renter is delayed with the payment of the rental fee for any rented vehicle from the Rental Company or with other charges arising from the Rental Agreement,
    • immobilization of the Vehicle resulted from the loss of keys or the Vehicle documents (in particular the registration certificate and proof of insurance policy conclusion),
    • immobilization of the Vehicle occurred outside the territory of Poland, and the Renter did not obtain the Rental Company written consent to travel abroad.
  2. MMSL shall provide the Renter with a replacement vehicle of the same class as the rented Vehicle, but not higher than class D, and if such a vehicle is not available, a maximum of one class below.
  3. The Renter is entitled to a replacement vehicle for the time of repairing the rented Vehicle.
  4. Delivery of a replacement vehicle shall take place in case of immobilization of the Vehicle as a result of road traffic accident within 12 hours of notification, and in case of immobilization of the Vehicle as a result of mechanical failure within 12 hours of confirmation by the authorized service at least for the period indicated in Section 1.
  5. The replacement vehicle shall be handed over and returned at a location agreed with MMSL or an entity that repairs the Vehicle or an entity providing Assistance, based on the Vehicle Handover Report.
  6. The provisions regarding the manner of using the Vehicle, the Renter's liability for the Vehicle and the consequences of violations of the Agreement regarding the use of the Vehicle shall apply accordingly to the replacement vehicle.
  7. The Renter is obliged to collect the repaired Vehicle from the workshop immediately, not later than the following working day from receiving information about the possibility of its collection; in case of a breach of the above obligation, the Renter shall be obliged to pay to MMSL remuneration for the continued use of the replacement vehicle in the amount provided for in the Table of Fees and Commissions.
  8. The Renter is obliged to return a replacement vehicle with fuel in the amount not less than that at the time of handing over the replacement vehicle to the Renter.
  9. The replacement vehicle mileage shall be added to the Vehicle mileage.

 

Article 7 – Rent and other charges; Vehicle mileage limit;  Collateral for the proper performance of the agreement

  1. The Renter undertakes to pay to MMSL:
    • the rent; the Parties set the rent rate in detail in the Rental Agreement,
    • fees and commissions indicated in the Table of Fees and Commissions – in case of actions indicated in the Rental Agreement, including in the Table of Fees and Commissions,
    • fees indicated in the Additional Services Price List.
  2. In case of the Short-Term Rental Agreement, the rent is charged in advance for the entire rental period on the date indicated on VAT invoice.
  3. In case of Rental Agreements other than Short-Term Rental Agreements, the rent is charged monthly in advance, however for periods other than a calendar month, the rent is determined in proportion to the length of this period. The first rent covers the period from the day of handing over the Vehicle to the Renter or from the day on which, according to the provisions of the Agreement, the rent period is considered to be commenced, despite the lack of receipt of the Vehicle by the Renter, until the last day of the following calendar month, unless otherwise provided in the Rental Agreement.
  4. The Renter undertakes to settle the first payment in advance before collecting the Vehicle. The Renter is obliged to make further payments on the basis of VAT invoices, which shall be issued by MMSL in advance on the first day of each month, within 7 days from the date of issue.
  5. In case the VAT invoice is not received for a given month by the tenth day of the next calendar month, the Renter is obliged to immediately inform MMSL, which does not release the Renter from the obligation to pay within the following 7 days; in case of doubt, the Renter should make the payment in the amount specified in the last VAT invoice received, for later possible settlement.
  6. MMSL is entitled to change the amount of Rent if:
    • the price of the Vehicle at the Vehicle supplier has changed in the period between the conclusion of the Rental Agreement and returning the Vehicle to MMSL,
    • the regulations (including in particular tax regulations) that have a direct impact on the price of the Vehicle or the amount of Rent have changed,
  7. The Renter is charged with any costs related to international transfers of receivables. The Renter can make payments using payment cards or by bank transfer to the bank account indicated on the VAT invoice. In case of payment by bank transfer, the date of payment is the date on which the funds are credited to the MMSL bank account.
  8. In case of indicating the mileage limit in the Rental Agreement, the fee for exceeding the limit is charged after returning the Vehicle, unless the Parties agree otherwise. The value of the fee shall be the product of the number of kilometres above the limit granted and the rate for each kilometre of over the limit specified in the Rental Agreement. In case of returning the Vehicle before or after the date indicated in the Rental Agreement, the method of calculating the fee for exceeded mileage shall be determined on the basis of proportionality to each day of rental. In case the granted mileage limit is not used the Renter is not entitled to request the refund of the rental fee. In case the granted mileage limit is exceeded by 10% during the rental period, MMSL is entitled to demand from the Renter to increase the amount of deposit or to immediately charge the Renter for the mileage overrun and agree with the Renter the new amount of rent based on the real mileage usage.
  9. Any payments made by the Renter may be counted firstly against interest on account of delay, and then against the oldest amounts due, irrespective of the Renter’s instruction contained in the title of payment.
  10. All amounts included in the Agreements are net amounts, to which VAT tax will be added at the applicable rates, unless the agreement expressly provides otherwise.
  11. The Rental Company shall charge the Renter with an additional amount determined according to current market prices - for identified deficiencies in the Vehicle and its equipment in relation to the state existing at the conclusion of the Agreement.
  12. In case of non-performance or improper performance of the Rental Agreement, to the extent indicated in the Table of Fees and Commissions, the method of settlement shall be the fees specified in the Table of Fees and Commissions. If the damage suffered by the Rental Company exceeds the amount of fees indicated in the Table of Fees and Commissions, the Rental Company is entitled to claim compensation exceeding the amount of the fee on general terms.
  13. The fees indicated in the Table of Fees and Commissions are due after three days from the date of receipt of a written request for payment by the Renter. Fees are due in full amount for each breach of the Agreement.
  14. In the case of non-contractual use of the Vehicle, the Renter is obliged to pay the fees indicated in the Table of Fees and Commissions as during the term of the Agreement.
  15. In case of charging a fee for starting the vehicle recovery procedure, MMSL shall not charge for the delay in returning the Vehicle up to the amount of this fee. The fee for starting the vehicle recovery procedure is not charged if the Renter is a Consumer.
  16. In case of the Renter's delay with the payment of any amounts resulting from the Rental Agreement, the Rental Company may block the ignition of the Vehicle, which results in the inability to start the vehicle's engine. In case the Renter is a Consumer, the ignition lock is applied after the ineffective expiry of the additional period set for making the payment of overdue receivables. The deadline for payment may be set by phone, e-mail or by sending a text message (SMS) to the Renter's phone number. In case the Renter who is not a Consumer, the Rental Company charges a rent for the period when the ignition lock is applied. The Renter who is not a Consumer is obliged to pay a fee for deactivation of the ignition lock.
  17. In order to secure any claims to MMSL, the Renter may be required to make a deposit in the amount specified in the Rental Agreement before the Vehicle is released. The deposit is collected in the form of cash or blockade of funds on the Renter's bank account.  The Renter is not entitled to set off his claim against any of the MMSL claim by the amount of the deposit. The deposit shall be returned to the Renter within 14 days of the expiry of the Rental Agreement.
  18. In case of the Renter’s delay with the payment of any receivables arising from the Rental Agreement, MMSL may deduct the amount due from the deposit paid. The deposit may also be used to settle costs (damages) not covered by the insurance and any expenses related to the Renter's improper performance of the Rental Agreement. In case the Rental Company deducts any amount from the deposit, the Renter is obliged to top up the missing amount within 3 days of obtaining information about using the deposit.
  19. For the duration of the Rental Agreement, MMSL reserves the right to require from the Renter an additional security if the financial situation of the Renter requires it or if for any reason the previously established collateral proves ineffective or insufficient to secure the proper performance of the Rental Agreement.
  20. MMSL may use the security established by the Renter in connection with conclusion of one Rental Agreement also to cover the claims arising from other rental agreements binding the Renter and MMSL.
  21. In case MMSL uses any of the collateral, the Renter is obliged to provide a new collateral in this place and provide MMSL with the proof of its establishment as well as documents related to its establishment within 7 days of obtaining information about the use of the collateral by MMSL.

 

Article 8 – Return of the vehicle, the expiration or termination of the Rental Agreement

  1. The Renter is obliged to return the Vehicle not later than on the date of expiry of the Rental Agreement.
  2. In case of the Rental Agreement expiry before the agreed date of its validity, the Renter is obliged to return the Vehicle immediately, not later than on the following working day after the expiry of the Rental Agreement.
  3. In case of a delay in returning the Vehicle, the Renter shall be charged with a fee for the non-contractual use of the Vehicle according to the Table.
  4. The Renter is obliged to return the Vehicle in Good Condition, in accordance with the provisions of Article 5 of the General Rental Terms and Conditions.
  5. The Renter is obliged to return the Vehicle to the headquarters of MMSL or another place indicated by MMSL, along with all documents and equipment received on receipt of the Vehicle. In case the collection of the Vehicle is made by MMSL, the Renter shall bear costs of the collection (transport, possible refuelling, tow truck, external company costs, etc.).
  6. The Renter is obliged to return the Vehicle to the Rental Company with the same amount of fuel (the same level of battery charge in case of a hybrid, plug-in or electric vehicle) as when the Vehicle was picked up by the Renter. Any deficiencies confirmed at the return of the Vehicle in the Vehicle Handover Report shall be supplemented at the expense of the Renter in accordance with the Table of Fees and Commissions.
  7. Where it is determined that the Vehicle at the time of return is not in Good Condition or there are deficiencies in its equipment, the receipt of the Vehicle may be performed with the participation of an expert appointed by MMSL. The costs of any valuation are charged to the Renter in a situation where the valuation confirms that the Vehicle is returned in worse condition than specified in the Agreements.
  8. In case the Vehicle at the return is dirty inside or outside, the Renter shall be charged the costs of additional washing and cleaning services, in accordance with the Table of Fees and Commissions.
  9. In case of damage, excessive wear or exceeding the mileage limit in relation to the limit set out in the Rental Agreement, the Renter shall be fully charged with the costs.
  10. If the Rental Agreement expires and the Renter fails to return the Vehicle within the time limit specified in the Rental Agreement, the Renter irrevocably authorizes the MMSL to take over the Vehicle in the place where it is located, including entering the property and the premises where the Vehicle is located, however MMSL may use the help of third parties.
  11. The Rental Company shall have the right to terminate the Rental Agreement with immediate effect if the Renter:
    • violates important provisions contained in the Rental Agreement, the General Rental Terms and Conditions and the Insurance policy,
    • uses the Vehicle in a manner inconsistent with the Rental Agreement, the General Rental Terms and Conditions or the Vehicle's intended purpose,
    • neglects the Vehicle to an extent that the Vehicle is exposed to damage or loss,
    • makes the Vehicle available to unauthorized persons,
    • went abroad without the consent of the Rental Company,
    • is delayed with the payment of Rent for at least one payment period or with other charges arising from the Rental Agreement,
    • did not complete the deposit in accordance with Article 7,
    • interferes with the Vehicle odometer reading.
  12. Termination of the Rental Agreement may be done in writing, in the form of correspondence sent to the Renter's address or by electronic correspondence sent to the email address indicated by the Renter.
  13. In case there are grounds for termination of at least one Rental Agreement without a period of prior notice, MMSL may terminate all Rental Agreements concluded with the Renter.
  14. In case the Rental Agreement is terminated as a result of the Rental Company's declaration made in connection with the Renter's delay in payment of the amounts due under the Agreement, the Rental Company, after settling all arrears by the Renter within 14 days from the date of receipt of the statement regarding termination of the Agreement, may propose the Renter to conclude a rental agreement under the existing terms and conditions without additional costs. The absence of a reply by the Renter within 2 two days of receipt of the Rental Company's proposal shall be deemed as acceptance of the conclusion of the agreement on the above conditions. In case of a Renter who is a Consumer, lack of response within the above deadline shall be deemed as a refusal to conclude the rental agreement on the above conditions.
  15. Termination of the Rental Agreement shall not release the Renter from the obligation to pay for arrears due as well as the interest accrued on late payments.
  16. In case of a delay in payment, the Renter shall be charged by the Rental Company with the costs of payment recovery in accordance with the Table of Fees and Commissions.
  17. The request for payment may be done in writing, in the form of correspondence sent to the Renter's address or by electronic correspondence sent to the email address indicated by the Renter.
  18. The Renter is obliged to immediately inform the Rental Company about any claims of third parties directed to the Vehicle. In case such claims are made, the Renter is obliged to immediately inform these persons or authorities conducting relevant proceedings about not being the owner of the Vehicle.
  19. The Renter is entitled to terminate the Rental Agreement other than Short-Term Rental Agreement for the payment of additional remuneration in the amount of three times the monthly rent, while failure to pay within 3 days of submitting the statement on termination of the Agreement makes it ineffective.

 

Article 9 – the Table of Fees and Commissions

1 The Renter confirms becoming familiar with the information set out in the following Table of Fees and Commissions:

Item

DESCRIPTION OF ACTION

AMOUNT  OF FEE

1

Washing and cleaning of the Vehicle (in case the interior or exterior of the returned Vehicle is dirty)

PLN 100

2

 Lack of or damage to Vehicle parts, equipment and other vehicle components.

The dealer retail price list + PLN 200

3

Lack / damage of the registration certificate, registration plate, registration sticker, service record book, warranty book, operating manual.

Actual costs + PLN 50, but not less than a total of PLN 300

4

Each day of the Vehicle downtime beyond the rental period due to the reconstruction of missing or damaged elements.

Daily rate of the given vehicle class for each day of downtime

5

Delay in returning the Vehicle – non-contractual use of vehicle.

3 times the daily gross rate; in the case of a Rental Agreement other than the Short-Term Rental Agreement, daily rate is defined as 1/30 of the monthly rate

6

Return of a significantly dirty vehicle (e.g. as a result of transporting animals, using the vehicle at a construction site, etc.) resulting in the need to wash the upholstery.

Actual costs + PLN 1,000

7

Transport of explosives, corrosives or substances of strong, intense odour.

Actual costs + PLN 1,000

8

Replenishment of missing fuel

PLN 6.50 per 1litre

9

Fee for refuelling with inappropriate fuel

Actual costs + PLN 100.

10

Smoking tobacco products in the Vehicle

PLN 500 per each vehicle

11

Using the Vehicle for purposes other than its intended use (for racing, tests, driving lessons, as a taxi, commercial passenger transport, a prop).

Actual costs + PLN 1,000

12

Failure to present the Vehicle at the request of the Rental Company for inspection or control by the Rental Company or for the installation of a GPS device.

PLN 1,000 per each vehicle

13

Fee for any damage not covered by the third party liability insurance of the perpetrator.

Class: A, B, C – PLN 2,000 Class: D/SUV – PLN 2,500; E, P, LUX – PLN 4,000

14

Providing written information at the request of law enforcement and/or administrative authorities about the User of the Vehicle which has been the subject of the offence and providing written information to other entities about the User of the Vehicle who has caused the bases of charging any additional fees.

PLN 50

15

The relocation of tyres in case of change in the location the Vehicle is used.

PLN 100

16

Unauthorized travel abroad

PLN 500 per each vehicle

17

Unauthorized travel abroad to the following countries: Russia, Ukraine, Belarus, Moldova, Kosovo, Turkey, countries outside Europe.

PLN 2,000 per each vehicle

18

Delay in the pick-up of the Vehicle after mechanical repairs or/and body and paint repairs

1/3 of the gross monthly rent for each day of delay

19

Failure to report the Vehicle breakdown despite the display of an indicator.

Actual costs + PLN 500.

20

Failure to perform a periodic inspection of the vehicle within the period specified in the manufacturer's guidelines.

PLN 1,000 per each vehicle

21

Acts or omissions resulting in the exclusion or limitation of the warranty, in particular the failure to perform a periodic inspection of the vehicle within the period specified in the manufacturer's guidelines.

PLN 5,000 per each vehicle

22

Failure to perform the technical examination for the registration certificate within the time limit indicated in the registration certificate.

PLN 500

23

Dismantling parts of the vehicle equipment or making other modifications or changes without the consent of the Rental Company including vehicle wrapping.

The cost of restoring the Vehicle to its state before the rental period + PLN 1,000

24

Towing other vehicles with a rented vehicle (as long as this does not damage the rented vehicle).

PLN 500

25

Loss or damage of the Vehicle key or central locking remote control.

Actual costs + PLN 500.

26

The use of the subject of the Rental Agreement by a third party without the consent of the Rental Company.

PLN 500 + covering all real costs

27

Preparation and conclusion of an annex regarding changes to the Rental Agreement during its term.

Once a year free of charge, each subsequent change PLN 50

28

Sending the request for payment due to late payment.

PLN 50

29

Field debt recovery visit  made due to the Renter's lack of response to requests for payment and lack of contact with the Renter (by e-mail, telephone).

PLN 200.00 per each vehicle

30

Field debt recovery visit made by a debt collection company due to the Renter's lack of response to requests for payment and lack of contact with the Renter (by e-mail, telephone).

Documented costs incurred by the Rental Company + PLN 500.00 for each vehicle

31

Starting the vehicle after the ignition was cut off due to payment arrears.

PLN 100 per each vehicle

32

Renewal of the Rental Agreement after its earlier termination.

PLN 500 per each vehicle

33

Legal expenses to the Rental Company due to the improper performance of the Agreement

Documented costs incurred by the Rental Company + PLN 200 

34

Collection of the Vehicle after termination of the Agreement (outside the premises of the Rental Company)

PLN 1,000 per each vehicle

35

Collection of the Vehicle after termination of the Agreement (outside the premises of the Rental Company) by a debt collection company.

Documented costs incurred by the Rental Company + PLN 500.00 for each vehicle

36

Administrative fee for commencing the procedure of appropriation of the Vehicle (non-contractual use of the vehicle).

PLN 10,000

 

 

  1. The appropriate rate of VAT tax is added to all amounts contained in the Table of Fees and Commissions.
  2. The payment term is 7 days from the invoice/note issue date, payable to the bank account indicated on the invoice/note.
  3. Correctly calculated and charged fees or commissions are not refundable.

 

Article 10 – Final Provisions

  1. The Renter being aware of the criminal liability specified in Article 286 of the Penal Code, declares that the information and documents submitted by the Renter and required by the MMSL to conclude the Rental Agreement are consistent with the current state of affairs, and the statements made are truthful.
  2. Correspondence between the Parties shall be directed to the addresses indicated in the Rental Agreement or to the address indicated by the Party in writing as the correspondence address.
  3. The Parties undertake to immediately notify in writing of any changes to their address details. Failure to make the notification shall result in the acceptance of effective delivery of correspondence at the last address indicated.
  4. Correspondence sent to the Renter's address indicated in Section 3 by registered mail or courier shall be deemed delivered on the seventh day at the latest from the date of posting.
  5. MMSL shall deliver to the Renter in writing any changes to the General Rental Terms and Conditions in advance, at least one settlement period before these changes come into force. At the same time, the Renter shall be informed about the right to terminate the Rental Agreement if these changes are not accepted, unless they result from changes in the law.
  6. In case of changes referred to in Section 5 the Renter shall have the right to terminate the Rental Agreement not later than 14 days before the date of entry into force of these changes. Failure by the Renter to terminate the Rental Agreement shall be deemed as consent to the new conditions of the General Rental Terms and Conditions.
  7. MMSL shall have the right to refuse an order for a Vehicle without stating the reasons for such refusal.
  8. Whenever the General Rental Terms and Conditions or the Rental Agreement reserve contractual penalty for the benefit of MMSL, MMSL shall be entitled to seek compensation for repairing the damage exceeding the amount of the reserved contractual penalty on general terms.
  9. If the Renter is a Consumer, the provisions of Article 3(6) sentence 1 and (11), Article 4 (27) and (28), Article 7( 6),(19) and (20), Article10 (10) of the General Rental Terms and Conditions shall not be applied.
  10. The Parties indicate the common court competent for the seat of MMSL to resolve any disputes arising under the Rental Agreement.
  11. The relevant provisions of the Civil Code shall apply to any cases not regulated by the General Rental Terms and Conditions and the Rental Agreement.

 

 

 

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