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Condition of rentals in Poland - Detailed

General Rental Conditions

Inter Best 97 Polska Spółka z ograniczoną odpowiedzialnością Sp. k. (dawniej Inter Best-97 Sp. z o.o.) 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
 2.  Renting and returning the car
     2.1. Return of the car outside office work hours
     2.2. Return of the car outside an Europcar office
 3.  Conditions of using the car
 4.  Booking and cancellations
 5.  Conditions of using the vehicles
     5.1. The rented vehicle may not be used:
     5.2. The Renter's responsibility
 6.  Damage, loss, theft
 7.  Accidents, thefts
 8.  Personal data
 9.  Europcar's responsibility
10. Third Party Insurance
11. Auto Casco / Collision Damage Waiver (CDW), Theft Waiver (TW)
12. Personal Accident Insurance
13. The High Court seat and its properties



 

  

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. All prices and fees are given in EUR and will be converted to PLN according to the exchange rate announced by the National Bank of Poland on the day of returning the rented  vehicle. 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 wheels during the course of the rental, The Renter is obliged to replace it with a new one, having 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 rented vehicle will be returned with the tank not fully refilled, the Renter shall be charged for the missing fuel as well as for the cost of the refuelling 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 anydamages 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. The Renter is obliged to submit all comments regarding the technical condition of the car, especially its visible damages, at first day of the rantal. This clause does not exclude the Renter’s law guaranteed by the Act from 23.04.1964 of the Civil Code. 

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 anddocuments 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). Europcar reserves the right to refuse to rent the booked car for the reasons not faulted by Europcar. 

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, Romania, Serbia, 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 shall be held responsible for all road offences that took place during the course of the rental, which were connected with the usage of the rented vehicle, because The Renter was the person actually possesing 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 during the course of the rental, the rented vehicle will be damaged, stolen or lost (all of any of its parts), The Renter shall be held responsible, according to the regulations of the Civil Code from 23.04.1964, for the actual repair cost up to the car value. 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 for a theft or fire. 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 chargedwith 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 personal data given by the Renter and regarding the rental agreement, shall be processed by Inter Best 97 Polska Spółka z ograniczoną odpowiedzialnością Sp. k. (data administrator) for the purpose of handling and completing the rental agreement. Furthermore, the data may be processed for the purpose of lawfully justified objectives executed by the data administrator. Legal basis: art. 23, point 2,3,5 of the Personal Data Protection Law from 29.08.1997 (Law Journal form 2002, n. 101, pos 926 with changes).

9. Europcar's responsibility

Europcar shall be held responsible only for the losses or damages suffered by the Renter or third parties cancerning the rented vehicle or its using if the dameges or losses resulted from Europcar’s fault. For all other instances Europcar shall not be held responsible, and the Renter shall not make Europcar responsible for such claims. Europcar is not responsible for theft, damage or loss of the value in use of any objects transported by or left in the rented vehicle. Europcar shall not be held responsible for objects transported by or left in the rented vehicle by the Renter, especially for objects having collection value.

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 the Renter refuses to purchase CDW and/or TW, Europcar has the right not to draw up the rental agreement. Purchasing CDW and/or TW does not exclude full Renter’s financial responsibility in case of the Renter’s flagrant negligence or purposeful infringement of the rental agreement conditions, law or insurance conditions.

12. Personal Accident Insurance

By accepting the PAI specified on the first page of the Rental Agrement, 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 Parts shall try to resolve any controversy which may arise concerning this agreement by negotiations, and if no settlement shall be reached, the case shall be decided by the proper common court, according to the laws of The Civil Code.



 

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