General rental conditions in Poland  

 

GENERAL RENTAL CONDITIONS

Inter Best-97 limited responsibility company, a licensee of Europcar, further referred to as the Lessor, rents a vehicle specified in the rental agreement to the Renter or responsible side of the Renter whose signatures appear in the reverse side of the rental agreement. The Renter accepts and undertakes the obligation to comply with the resolutions provided within the rental agreement.

1. Rental charges

The Renter will pay all the charges listed on the first page of the rental agreement, or in the valid tariffs of Europcar. The prices and fees are provided in EUR, which is translated into PLN according to the bank sales exchange rate valid on the rent date and announced by the Board of Directors of Inter Best-97 ltd.
In the case of a payment with a credit card, Europcar shall encumber the Renter's account in the Polish currency according to the method described above.
Any delays in the payment are calculated according to the statutory interest rates as announced in the Polish Monitor.
The Renter is responsible for all the occurring liabilities, fines, and penalties addressed to Europcar during the lease, except for cases when Europcar is responsible for them.

2. Renting and returning the car

The vehicle rented to the Renter is in a good technical condition and ready for a normal usage. The vehicle is equipped with five wheels free from defects. In case of damage to any of the wheel, the Renter is obliged to replace it with a new wheel with exactly the same technical parameters as the damaged one.
The rented car is delivered to the Renter with a full tank. The Renter shall purchase a type of fuel appropriate for the given type of the car. If the car is brought back with not a full tank, the Renter shall be charged both for the fuel which is missing as well as the cost of the refueling service.
The Renter is obliged to return the vehicle to Europcar in the agreed place and opening hours of Europcar, or in the place and date determined in the concluded rental agreement. The car has to be returned with a complete set of the documents and keys. The Renter can return the rented vehicle only to a person dressed in official Europcar clothes.
In exceptional situations and upon a consent of Europcar, the keys and documents of the rented vehicle can be returned to the hotel reception desk. Europcar reserves the right to an immediate collection of the car from the Renter at his cost in the case of noting that the vehicle is used in a way violating provisions of the present Agreement. Europcar shall not be held responsible for any damages and claims of the Renter than may result in such a case.
The rental duration is calculated on the basis of indivisible periods of 24 hours, starting from the time the vehicle is made available. If a daily period is exceeded by more than 30 minutes, another full day will be charged.
The maximum duration of a rental agreement is 30 days. The extension of the rental period can be made after the Europcar's approval. A prolongation of the rental without an approval from the part of Europcar results in a lack of the protection with the Auto Casco policy or other insurance guarantees. A provisional invoice is issued for rentals lasting for more than 30 days after the lapse of the period. The final invoice is issued after the return of the vehicle to Europcar by the Renter.
The form "Vehicle Condition Form" constitutes an integral part of the agreement, it is signed by the Renter or parties jointly responsible with the Renter and by an employee of Europcar - the signatures are placed there in the moment of the rental and return of the vehicle. All defects should be recorded in the form " Vehicle Condition Form" by an employee of Europcar and approved by the Renter.
All complaints referring to the technical state of the vehicle shall be put forward to Europcar in the moment of the rental.

2.1. Return of the car outside office work hours

A return of the vehicle outside work hours of Europcar does not absolve the Renter of the responsibility for the rented vehicle. Such a responsibility expires in the moment of checking the car by an employee of Europcar. In the case of a lack of the confirmation of the receipt of the vehicle by the Europcar employee in the form " Vehicle Condition Form" and noting damages to the vehicle other than those which have been accepted by the Renter in the moment of the rental, the Renter shall be held responsible for the damages. The Renter is to leave the rented car in the car park indicated by Europcar.If the rent-a-car centre is equipped with the so-called "car return box", the Renter shall leave the car's keys, documents, rental agreement and the car park entrance ticket (if any) there.The fact of leaving the keys and documents in "the car return box" after office opening hours does not lead to a termination of the rental agreement. The Renter's responsibility for the rented car terminates in the moment the said documents and keys are collected from "the car return box" and the vehicle is checked by an employee of Europcar after the office is opened.
The termination of the rental agreement takes place after the receipt of the car's keys and documents and a registration of the date and hour of the return. The date and hour of the return is assumed to be the date and hour when Europcar office is opened the day following the return or the date and hour specified in the car park entrance ticket.

2.2 Return of the car outside an Europcar office

The car can be returned outside an Europcar office upon a prior consent of Europcar. In such case the date and hour specified by the Renter to the employee of Europcar is considered to be the date and hour of the car return.
Europcar is obliged to collect the vehicle within 24 hours after the moment of receiving respective information from the Renter.The Renter is responsible for all damages to the vehicle, tickets, etc. up to 4 hours since the moment of the return of the car to an Europcar employee. If Europcar does not collect the car within this time, all the responsibility for it shall be passed over to Europcar.
The receipt of a car presented to Europcar by the Renter on Saturdays or Sundays may take place till 12.00 on Monday. In such case, the Renter's responsibility continues until this time. If Europcar does not collect the vehicle until the indicated time, it shall take over the responsibility for the returned car.

3. Conditions of using the car

The vehicle renting fee is determined in the moment of the beginning of the rental, depending on the applied tariff. In the case of the payment with a credit card, Europcar shall authorize the card before the beginning of the rental at the amount of the predicted cost of the rental plus additional fees that can occur during its realization.The credit card account will be charged with the total rental cost at the moment of its termination unless other mean of payment is presented by the Renter.

4. Booking and cancellations

The booking is made on the basis of a given car category, not a specific make of the vehicle.
Europcar is obliged to honour booking conditions up to 1 hour after the scheduled pick-up time (2 hours for Ready Service, 3 hours for First Card holders).
Europcar reserves the right to refuse to rent a booked car.A cancellation of the booking has to be presented to Europcar minimum 24 hours before the planned rental. Otherwise, Europcar shall partially charge the Renter with the profit loss.

5. Conditions of using the vehicles

5.1. The rented vehicle may not be used:


a) by a person other than the Renter, if the person had not been accepted by Europcar by placing his/her name in the first page of the rental agreement. The person must have a valid driving license, issued at least one year before the beginning of the rental and must also meet the conditions stated by Europcar concerning the minimal age for the specific car group.
b) if the Renter or the other driver is under influence of alcohol, medicines causing hallucinations, drugs or any other similar substance weakening his/her consciousness and reaction ability;
c) against the customs, traffic or other laws applicable in Poland,
d) outside borders of Poland without a prior notification of Europcar each time separately. It is not permitted to enter the following countries with the vehicle: Belarus, Bulgaria, Croatia, Russia, Rumania, Serbia and Monte Negro, Ukraine,
e) in races, rallies or any other competitions,
f) to transport people or things as a form of sub-rental without Europcar's permission,
g) to tow other vehicles, trailers or other things,
h) to transport flammable, dangerous, toxic, corrosive, radioactive, and other harmful substances,
i) to transport objects which due to their smell or properties may cause a damage to the vehicle and pose a threat for Europcar of a loss of time or receivables before the vehicle can be used again,
j) to transport live animals (except for home animals after obtaining a written consent of Europcar),
k) when the roof luggage-carrier and other similar accessories are not delivered by Europcar,
l) to go through not hardened roads or roads which surface or state may cause a damage to the vehicle suspension, wheels, or tyres.

5.2. The Renter's responsibility

The Renter is responsible for all offences that have taken place during the rental period and have been connected with the usage of the rented car, because the Renter is the person possessing the vehicle. The Renter shall accept the fact that Europcar shall make available personal data of the Renter to the Police or other authorized bodies with the consideration of the Act on the Personal Data Protection.During the usage of the vehicle, the Renter shall be obliged to control the indicators in the dashboard regularly. In the case of noting a wrong functioning of any of the elements, the Renter is obliged to immediately stop the vehicle and contact the road assistance or the nearest Europcar office.
During parking of the vehicle even for a short while, the Renter shall be obliged to use all the security measures available in the car. It is prohibited to leave the documents and/or keys inside the car as it may result in an invalidity of the insurance against the theft of the vehicle.

6. Damage, loss, theft

a) When the rented car has been damaged, stolen or lost all or any of its part, regardless the Renter's or a third partie's fault, the Renter will be charged with the actual repair cost up to the car value. If the loss has occurred due to a fault of a third party and Europcar receives a compensation for it, the sum paid by the Renter shall be returned to him. If the Renter approves conditions of the Collision Damage Waiver and/or Theft Waiver on the first page of the Rental Agreement, the Renter's responsibility in the case of a damage, theft, loss of the vehicle of its part may be limited to the real cost of the repair maximally up to excess amount indicated on the rental agreement, on the condition that Renter has not violated any rental conditions provided in the present agreement. The Renter can also wave such a responsibility on the condition of approving the SCDW insurance (Super Collision Damage Waiver), which absolves the Renter of any financial responsibility for damages to the vehicle, except fo Should the detriment be done on purpose, or as a result of a gross neglect from the part of the Renter with a violation of provisions of the present Agreement, the Renter's responsibility is unlimited.
In case of loss of a vehicle key or documents the Renter will be charged with an additional fee.
b) If the Renter causes a road accident and runs away from its place or does not follow his obligations stated in the present Rental Conditions, his financial responsibility will be unlimited.
c) If the Renter transports animals with the rented vehicle, he shall bear a full responsibility for the damages or destructions exceeding the standard utilization of the car.

7. Accidents, thefts

In case of an accident or a theft the Renter must inform the Police immediately. The Renter has no right to accept the claims of the other side. The Renter should inform Europcar about all the damages immediately. If the Renter followed the Rental Conditions, Europcar shall do all its best to replace or repair the rented vehicle.
When replacing the vehicle there shall be made appropriate amendments in the Rental Agreement approved by both parties.
Europcar shall not be held responsible for own losses or damages of the Renter, including the loss of profits, unless the respective law proves that Europcar cannot exclude or limit its responsibility towards the Renter.
Even when minute damages occur, the Renter is obliged to deliver a filled accident report together with a situation outline to Europcar.
The accident report should especially specify names and addresses of the involved persons and the witnesses of the event as well as registration numbers of the involved cars.
In the case of a damage or theft of the vehicle, the Rental Agreement shall be completed on the day of delivering the report on the accident or theft of the rented vehicle according to the date placed in the police report.

8. Personal data

The Renter accepts the fact that the personal data given in the rental agreement will be processed automatically. The Renter agrees the data to be transferred to third parties, especially for the purposes of a credit security and/or insurance.

9. Europcar's responsibility

Europcar is responsible only for the losses or damages suffered by the Renter or third parties concerning the rented car or its using if the said losses or damages have been done on purpose or by a flagrant negligence on the part of Europcar. The responsibility of Europcar connected with it is limited to the 10-fold net value of the planned rental. It is not responsible for any other event and the Renter will not attempt to make Europcar responsible for such claims.

10. Third Party Insurance

Europcar warrants insurance according to the civil responsibility insurance policy only to those persons who use the vehicle with Europcar's approval.

11. Auto Casco / Collision Damage Waiver (CDW), Theft Waiver (TW)

By accepting CDW and/or TW in the first page of the Rental Agreement, the Renter undertakes the obligation to remit the sum according to the valid price-list. If not, the Renter assumes the financial responsibility for all the damages to the car or any of its part, theft, fire up to car value.
Collision Damage Waiver and/or Theft Waiver do not exclude the Renter's complete financial responsibility in case of flagrant negligence or purposeful violation of the Rental conditions by him, the law or the insurance conditions.

12. Personal Accident Insurance - ubezpieczenie osobowe

By accepting the PAI specified on the first page of the Rental Agreement, the Renter accepts an additional charge according to the valid price-list. Thereby, the Renter gains the right to compensation, which is vested in him by the personal insurance. The details concerning the Personal Accident Insurance can be consulted at the Customers' Service Office belonging to Europcar.

13. The High Court seat and its properties

The present rental agreement will be prepared according to the Polish law. Any controversy, which may arise concerning the agreement, shall be solved by the High Court in Warsaw.